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HomeMy WebLinkAbout10-23-23-RMayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda October 23, 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 is open to the public and members of the public can attend in -person at City Hall or can access the meeting 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 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://US02WEB.ZOOM. US/J/82202866615 *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 COMMENTS 6.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF 7. APPROVAL OF MINUTES 7.A. September 18, 2023 City Council Worksession Documents: 09-18-23-WS.PDF 7.B. September 25, 2023 Regular City Council Documents: 09-25-23-R.PDF 8. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8.A. Motion To Approve Claims And Payroll Pang Silseth, Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve Resolution 2023-050 - 2024 Curbside And Non -Curbside Recycling Fees Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.C. Motion To Approve Recycling Contract Extension With Republic Services Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.D. Motion To Approve Appointment Of Accounting Clerk Dave Perrault, City Administrator Documents: MEMO.PDF 8.E. Motion To Approve Temporary Out Of Class Pay Dave Perrault, City Administrator Documents: MEMO.PDF 8.F. Motion To Approve Olson Engineering Proposal For Geophysical Subsurface Investigation At 3245 New Brighton Road - Hazelnut Parking Lot Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.G. Motion To Approve Resolution 2023-051 Designating Certain City -Owned Property As "Triangle Park" David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Arden Hills Tobacco Violations Julie Hanson, Assistant to the City Administrator/City Clerk City Attorney Jack Brooksbank, Campbell Knutson, P.A. Documents: MEMO.PDF ATTACHMENT A.PDF 10.B. Planning Case 23-017 - Conditional Use Permit At 4504 Hamline Avenue North Jessica Jaqoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF 11. NEW BUSINESS 11.A. Resolution 2023-052 - Planning Case 23-017 - Conditional Use Permit At 4504 Hamline Avenue North Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN STAFF COMMENTS — 6A ,-ARZEN HILLS MEMORANDUM DATE: October 23, 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 -ARQEN_HILLS Approved: October 23, 2023 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION SEPTEMBER 18, 2023 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL ','DRAFT-,, Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Public Works Director/City Engineer David Swearingen, Community Development Director Jessica Jagoe, Assistant to the City Administrator/City Clerk Julie Hanson, Senior Communications Coordinator Luke Cardona, Recreation Supervisor Matt Johnson and Resident Robert Bonine Mayor Grant noted they would add an item "Definition of Tobacco" before the Council Tracker. Councilmember Rousseau asked to also add a discussion regarding Facebook posts. 1. PUBLIC INQUIRIESANFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. INFORMATIONAL ITEMS A. Interim Policy/Meeting Changes Update Mayor Grant felt the memo accurately described the Council's position. There were no further comments. B. Assisted Hearing Technology Discussion ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 2 City Administrator Perrault stated that he was bringing forward the current consultant's recommendation which would consist of a wifi system that would be connected by an app on a user's phone which would connect to hearing aids via Bluetooth. There is also an option to add a T-coil neck loop that would connect to the wifi. If Council would like to proceed he will get an updated quote and bring it forward for formal approval. Councilmember Fabel asked if that would be any different that what they have now. City Administrator Perrault said it would be a different method of delivering the signal. Councilmember Monson asked if they would be able to find the money in the budget. City Administrator Perrault said the $8,000 wouldn't severely impact the Cable Fund. After confirming Council support, Mayor Grant directed staff to move forward with the item. 4. PRESENTATION ITEMS A. City Owned Land Encroachment Community Development Director Jagoe stated that Mr. Bonine, Property Owner of 3274 Katie Lane, spoke during public inquires requesting to be added to a future work session in order to allow for further conversation regarding a concern with his property. At that time, he presented to the City Council a letter addressed to city staff which outlined a proposal for collaboration to allow plantings on city park property adjacent to his lot. The general consensus of the Council was to bring this discussion forward at a future work session. Staff was directed to include the background on park land encroachments as part of the staff report for this discussion. Community Development Director Jagoe said that in 2019 the City received a general complaint about properties that were encroaching in the general area of Floral Park and a trail segment between Cleveland Avenue and Stowe by Hazelnut Park. At that time a informative letter was sent to 22 households describing what the City considered to be encroachments and to remove them if they had them. There was a second letter sent to Mr. Bonine who corrected the things noted in that code enforcement letter. In 2022 there was another complaint and discussion by the Council regarding Mr. Bonine's property, specific to the trees that are there today. Staff was directed to ask that the trees be removed. Community Development Director Jagoe stated that it was confirmed with the Public Works Director that to his knowledge there have not been instances of written permission being granted to a resident to add plantings as part of their private landscape on park property. Staff did confirm for the stretch of houses along Katie Lane (abutting park property) that there were three households issued a building/zoning permit for a fence since 1989. Mr. Bonine said he acquired the property in 2015 and at the time had discussions with staff. Neighbors had been given verbal permission to do landscaping in the area as long as they had Xcel Energy's permission for the easement. About 4-5 years ago he had further conversation with staff and was told the city wouldn't allow a fence, so he went back to the original plan. He said there were 36 houses along the path and felt about 50% had encroachments including bonfire pits, ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 3 fences, play sets, raised garden beds and plantings. He would like to understand what makes his encroachment unique and if they could develop some consistency. Councilmember Holden said she spoke with the former City Engineer who claimed she never gave anyone any oral permission to do anything to encroach on the City parks. She felt encroachments happen on other trails in the city. There have been articles in the newsletter regarding this. She felt if someone puts a row of shrubs or trees along the trail they are extending their yard and it is no longer park land, it's viewed as the resident's land. Councilmember Rousseau asked if this was becoming problematic for the City to maintain the areas that are being encroached on. Public Works Director/City Engineer Swearingen said the way they maintain this trail is to run a mowers width on either side of the trail, and Xcel Energy does the larger area mowing and vegetation control. There are some sanitary sewer structures that are accessed off the trails and possibly some storm sewer structures. He felt there was adequate room for snow storage and from a maintenance aspect the encroachments in this area weren't in conflict with maintenance. Mr. Bonine noted that he has no issues with anything anyone else has done, but the lack of consistency is confusing. Councilmember Rousseau thought the complaint they received seemed very negative and personal, and basing the entire community policy on this complaint might not be the right way to go. Councilmember Monson asked about the two examples of other properties that were given. Public Works Director/City Engineer Swearingen said in Example 1 there was a rain garden owned and maintained by the City. Councilmember Monson said she has talked with other people that live along the trail and has been told the same thing — that they could put items in at their own cost but that it might get moved. She wanted to be sure it wouldn't cost the City more if they had a watermain or something similar to fix. She asked how staff felt about trees and plantings being in the way and the costs of moving them. Public Works Director/City Engineer Swearingen stated that shrubs were pretty easy to move but trees were more impactful. Fencing or hardscaping would also be more impactful, and City staff would not put the items back, it would be up to the homeowner. Councilmember Holden agreed that the letter was very negative. There are groups of people that walk Hazelnut Park trails and they've been dealing with this issue for many years. They've been upset because they haven't taken over City property in their yards and are frustrated with the length of time this has been happening. Councilmember Fabel asked how many arborvitaes Mr. Bonine had planted. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 4 Mr. Bonine responded that he had planted over 30. He went forward with the project because of ongoing communication he had with City officials and the letter of approval he received from Xcel Energy in 2019. Councilmember Fabel explained his concern of adverse possession; that someone using your land over a period of time establishes rights to continue to do so. That can be avoided by having a specific agreement in place to say that they wouldn't claim adverse possession, and that at any point in time the City could say to remove the items. He didn't see a reason to force Mr. Bonine to take the trees out now, but he could be told to in the future if it became a problem for the City. Mayor Grant asked if they will be putting a new watermain through this area. Public Works Director/City Engineer Swearingen said this area is south of where the new force main would be located. Mayor Grant added that by adding something such as a fence you are demonstrating use which becomes adverse possession. He said it could be argued that the arborvitaes are a vegetative fence. He was troubled by this much vegetation and thought they should have some sort of written agreement. Councilmember Holden wondered what the City's liability would be if someone were to get hurt on the section of property that he has extended his yard into. City Administrator Perrault said that according to the city attorney's previous answers to similar questions, if the City is intentionally negligent it would be liable, but it is typically the generator of the activity that is liable. Councilmember Monson thought they should consider a broader agreement for everyone on the trail that has encroachments to deal with adverse possession, liability, and additional costs for removal if they don't remove it themselves. She appreciated how well that part of the trail is maintained by the residents. She felt they should have a policy of what residents could have along trails and in what areas. The question would be where do they draw the line. Mr. Bonine also thought the trail area looks good. He said when they moved into the property it was full of buckthorn and invasive species. They looked at what they had done as a positive. He thought the Blue Thumb Initiative might be a good guide for some of what they're talking about being acceptable. Mayor Grant asked if the Council wanted the City Attorney to work the Community Development Department to draw up something legal for this project as well as update City Code to be more explicit. Councilmember Monson said she would support that. Councilmember Holden wondered how far they would let people encroach on City property. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 5 Councilmember Rousseau said her concern was that if they ask Mr. Bonine to move his trees they should probably be talking to other people to move their encroachments as well. She liked the suggestion of outlining what is acceptable. Mayor Grant said this was clearly one of the larger encroachments that he has seen. Councilmember Monson said because of the timing of when it went in she doesn't like it either, but because of the other things that have happened along the trail and there hasn't been a hard policy from the City it would be beneficial to try to figure out what they can tell people they can do. To just pick one person based on a complaint felt dangerous because what do they do with all the other people that have encroached? Mayor Grant said with all of the aerial photos that are available nowadays you can pretty much prove when something went in. Councilmember Holden verified that Mr. Bonine had received the letter the City sent to residents in the area regarding encroachment before he planted his trees. She thought they should post signs saying it was City property and people would be allowed to use it. Mayor Grant restated that they want firmer ordinances strictly enforced and a legal agreement with this property. He asked if they were permitting the arborvitaes to live pending a legal agreement with the landowner. Councilmember Holden suggested a height limit for the arborvitaes. Mayor Grant said they could work out the details of a legal agreement at a future meeting. Councilmember Monson explained how she thought PTRC might be able to contribute to the discussion. Councilmember Rousseau thought members of PTRC might recommend native species where other people might look at them as being unkept or wild versus planting a rosebush. Councilmember Fabel felt they should solve the current issue with an agreement that says if they want to they can require them to keep the arborvitae at a certain height, take them out or take out every other one so there is no prescriptive right obtained by the encroacher but also shows the City is willing to be reasonable. Mayor Grant asked Council if they'd like hard-line or soft -line language in future language, three Councilmembers and the Mayor agreed to hard-line. City Administrator Perrault said if they're taking a hard-line policy are they allowing additional flexibility such as allowing native plants? Right now, the policy is clear that nothing is allowed with the exception of permission by the Public Works Director. Councilmember Monson felt mowing or buckthorn removal could be reasonable and still have a hard-line. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 6 Mayor Grant would like to make the ordinance clearer so there would be fewer questions about what is encroachment. He thought in this particular case by putting up a row of arborvitaes and mowing the other side of it, adverse possession could be argued. He asked what direction they would like to give the attorney in this case. Councilmember Fabel said the agreement should make it very clear that they are visitors on City property and we have the authority to place further conditions on the property. Councilmember Monson agreed. She would also like to know how much it would cost for the City to remove them if needed. Councilmember Holden didn't think anyone would have complained if it was just mowing. She thought it was the plantings to extend the yard that were the issue. She would like to see gaps in the arborvitaes and they be kept at a certain height. Mayor Grant directed staff to have the attorney work on an agreement and make changes to the ordinance. B. Newsletter SOP Discussion Senior Communications Coordinator Cardona stated that he would like to know what Council would like to have as an agreed upon standard operating procedure for creating the newsletter. The newsletter is published 10 times a year and has been running four to 10 pages, with six becoming minimum. He would like to know how much authority staff has to pick topics, approve items etc. Answers to the questions he is proposing will help him put an SOP together that he can present to the Council. Councilmember Fabel reported that as the current Council Liaison, he has attended one meeting for each issue where he has been presented with a draft of what staff has put together. There is some discussion on articles and location in the newsletter. Once revisions are made the draft is sent to the rest of the Council for objections or suggestions. He felt the process has been satisfactory and he was comfortable going forward the way it has been done. Senior Communications Coordinator Cardona explained that topics generally go by the existing editorial calendar and department heads provide ideas. Ideas also come from Council through the City Administrator, Council Liaison or himself, so a procedure would be helpful. They don't have hard deadlines now. He noted that during the meeting with the Council Liaison they also discuss a topics list for the next issue. Mayor Grant felt that now that there is a full-time communications person Council should back off and he wasn't sure they should even have a liaison at this point. Councilmember Holden said because Council hears from the residents they would bring hot issue items forward and that was important. She thought they had missed items this year, like the budget schedule. She has heard there is a lot of fluff in the newsletter instead of more information about things like developments and road construction. She also felt the benchmarks have changed and we're no longer telling people the cost of running the city. She thought certain topics don't need to be in the newsletter so often but residents always have questions on a topic like TCAAP. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 7 Mayor Grant said he didn't mean Council shouldn't be recommending topics, he meant that he didn't know if a formal Council Liaison was needed any more. He thought topics like "how to keep deer out of my yard" were a Google search and he felt the newsletter should be information about the city they probably wouldn't get off a Google search. He knew there are some articles that the county requires be put in. Senior Communications Coordinator Cardona explained that a topic like "what to do with dead animals" was driven from resident inquiries and a request from Public Works, and that would be the type of thing he would like defined. Is that a topic that wouldn't be appropriate even though it was resident driven? Mayor Grant said he understood that topic as it was more local and you might not find the information on a Google search. Councilmember Rousseau said she has submitted ideas to staff or Councilmember Fabel but she felt there was no process for committees to submit information for the newsletter or Facebook. Her preference was to continue have a Council Liaison for communications. She would like to see a series about the Public Works department. Councilmember Monson felt the Council's involvement should be limited to topics only, they should be avoiding politics and topics should be decided by staff or non -political topics from Council. She didn't think they needed a Council Liaison but ideas could be filtered through staff. She would be OK with staff starting over with topics that are included. The deadline suggested was fine. She thought staff should have the final say on what topics are included unless directed by Council. Feedback should be provided through a work session but be fairly limited. She has no desire to write articles for the newsletter as that is where she fears you get politics, and staff should have the final review. Mayor Grant said he has also heard from residents that the newsletter has become fluffier and doesn't have quite the information they want. Residents would like to know more about TCAAP. He felt the focus of the newsletter should be what information residents want to know. He thought topics should be those that relate to the city with the exception of information the County provides. It should include Benchmarks and cost of things being approved. Council and department directors should submit topics. He was OK with the proposed deadline. He felt staff should have final say, and he didn't want to write articles as it was easy to get political. He thought Council should proof the newsletter. Senior Communications Coordinator Cardona said who has the final say before going to the printer is usually the City Administrator or the Communications Manager. Councilmember Holden agreed with Councilmember Monson. She said some of the big topics now are Round Lake, Lexington Avenue, the roundabout and Floral Park. She felt proofing was important and agreed with 10 issues a year. Councilmember Rousseau said she'd love information like the Restoration Advisory Board (RAB) is meeting on Tuesday and they're talking about the plumes. She would like to see Parks and Rec opportunities highlighted like volunteer programs at Parkshore and Bark & Rec. She thought department directors could submit topics, along with Council and staff that are ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 8 commission liaisons. She was fine with the deadline suggestion. She preferred the City Administrator have final say on what topics are included and the Council should provide feedback through the City Administrator or Council Liaison. She had no desire for Council to write articles. Final proofreading should be the best proofreader on staff. Final say before going to the printer should be the City Administrator. Councilmember Fabel said he doesn't feel he has prerogative over the content of the newsletter because of his role as liaison. He thought staff may feel it's useful to have a liaison but if not, he was OK with that too. Councilmember Holden explained that the reason there was a Council liaison was because it used to be a resident committee, and that person also wrote articles. Councilmember Monson added that if 10 issues a year gave them flexibility for one newsletter to cover one issue such as TCAAP or Public Works she was OK with it. She didn't have strong feelings about cutting the number down but would be OK with eight or something similar. Senior Communications Coordinator Cardona clarified there was no question about the number of issues we create but noted most neighboring cities do less. He noted that the way to shorten articles is to provide teasers in the newsletter and then direct readers online more information. He noted he could explore using QR codes instead of long links. Councilmember Rousseau mentioned that some people aren't able to get on the website or it's challenging for them, and QR codes are scary for others. She'd be open to other ideas such as a one -page issue just about TCAAP that's dropped off at the grocery store. Councilmember Holden noted that PTRC was a big part of the city, but so was Planning and Public Works. They also have a Parks and Recreation brochure that goes out so she didn't want the newsletter to turn into the PTRC advertisement. She would also like to see a mention about the unnamed grocery store. City Administrator Perrault said staff will potentially struggle with what Council might consider fluff, which could give reason to have a liaison. It is hard for the newsletter to be timely because it is typically three weeks past when decisions have been made. Councilmember Rousseau was looking forward to seeing how the SOP looks at the next meeting. Quicker paced items could be put on Facebook. Councilmember Holden asked if there would be something in the upcoming newsletter about voting for the school district. Assistant to the City Administrator/City Clerk Hanson said they typically have not included voting information for the school district but they could. It could also be a newsflash and on social media. She noted information about the school district election is on the City's website. Mayor Grant summarized that Council was pulling back from their involvement but they want to submit topics. Some would like staff to do the proofreading and others would like to participate. Most are against having a Council Liaison. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 9 Councilmember Monson felt Council shouldn't proofread or have a say on where articles are placed, but should receive a copy of the newsletter as a courtesy before it goes out to the public. Senior Communications Coordinator Cardona suggested a compromise that if a councilmember submits a topic they can also proofread the article, such as he does with staff. Councilmember Holden disagreed, she felt they should only check for misspelling and punctuation errors. Councilmember Rousseau said she looks more for content, such as budget numbers and did what the PTRC want highlighted get highlighted etc. Senior Communications Coordinator Cardona stated the draft they receive of the SOP will be as specific as possible and give them another opportunity to comment on it. Mayor Grant said they still need to decide if they want a Council liaison. He was comfortable without having one but the current appointment would stand for now. C. Professional Services Agreement Discussion for Automated Pavement Condition Survey — Streets and Trails Mayor Grant said the budgeted amount is $20,000 and the company has said they can also do trails for and additional $14,000 for a total of $34,000. He liked maintaining trails but he thought staff could monitor them and the $14,000 could be used elsewhere. Public Works Director/City Engineer Swearingen added that currently Public Works staff is asked if they see sections of trail that need to have work done and they add that to their work plan for the following year. He keeps track of trails that have had done fog seal, crack seal etc. This survey would provide an objective real condition assessment. Councilmember Fabel said he felt staff could keep an eye on the trails and fix as needed. Public Works Director/City Engineer Swearingen said the Public Works employees are asked at their staff meetings if they have seen areas that need attention. An inspection is done to decide how much work is needed. Councilmember Holden noted there were no weight limits or loads on the trails so she was for staying with the $20,000. Councilmember Monson asked if the survey would provide more information to have better cost estimates. Public Works Director/City Engineer Swearingen replied not necessarily. He noted that it would assist to get to the level of streets, but for now they are just maintaining trails and sometimes stretching the PMPs to include trails. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 10 Councilmember Monson stated that she's heard people complain about the condition of trails but if this wasn't the best tool maybe there would be a better way to make determinations. Public Works Director/City Engineer Swearingen said they don't have the resources to do an overall condition assessment. This is an automated way to get the information. Councilmember Monson said because the trails are already on a maintenance schedule she was fine staying with the $20,000. Councilmember Rousseau thought it was a nice idea but she was reluctant to approve it. Councilmember Holden said more than half the trails were put in within the last 10 years so they know the foundations are good but it's the older trails they have problems with. Public Works Director/City Engineer Swearingen noted that they are redoing almost all of Floral Park pathways, and they did a good portion within Cummings Park. They are implementing improvements within the maintenance plan and the overall condition of the trails is good but there are spots that need to be upgraded. Some will be reconstructed with upcoming PMPs. Mayor Grant stated the general consensus was streets only. D. T-Mobile Lease Agreement Discussion Public Works Director/City Engineer Swearingen stated T-Mobile's real estate agent had contacted the City because they are at the end of their 25-year agreement. Staff has tried some brief negotiations with T-Mobile but they weren't agreeable to continue as is for the next 25 years, they want to adjust with the proposals shown in the memo. There will be a 15% increase every five years. Mayor Grant preferred Proposal Number 1. Councilmember Holden wondered how far out we are from just using satellite for phones. Councilmember Fabel asked if we know what they are paying other organizations. Public Works Director/City Engineer Swearingen said he didn't have that information but could gather it. Councilmember Monson asked how much infrastructure they have and how much it would cost them to take it down. She would personally never negotiate a lower starting value than what they would already be at. She would also require an annual increase, not every five years. She would say no to Proposal Number 2. Councilmember Rousseau would like to see what other cities are doing. Her preference would be to have more money up front. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 11 Mayor Grant would also like to see what other municipalities are doing. He wondered what the range was of one of their cell towers. If they need to locate it here, the City is in a better negotiating position. Councilmember Fabel said they didn't know if they were in the ballpark. After further discussion staff was directed to gather contract information from other cities, along with other cell tower vendors in the City, and bring the item back to Council. E. Franchise Fees Discussion City Administrator Perrault said this was a continuation from the August work session and whether the Council wants to consider franchise fees as a way of funding some capital projects. The PIR Fund looks healthy but could use more funding, but the Public Safety Fund and Government Equipment Building Fund will be negative, in part due to the new fire station starting construction in 2026 and the revised CIP. In order to raise $400,000 in franchise fees, Xcel projects it would require a residential monthly fee of $2.00 on electric and $2.25 on gas, for a total of $51 annually between the two. A comparable tax levy increase of $400,000 would equate to an annual increase between $55 and $60 on a median priced home ($469,000). Councilmember Holden was disappointed that the funding wouldn't include trails. Even if they bond for trails they need to pay the bonds off. If they get state bonding, will the City cost go down or just the County's? It is unknown now as there's not an agreement. City Administrator Perrault replied that the numbers were based off the July CIP. There were numbers with and without the trails. Franchise fees are for the baseline not including trails because the trails aren't guaranteed or solidified in the budget yet. The County trail on Lake Johanna is in their TIP plan, but that is dependent on receiving funding, and the Old Highway 10 plan isn't in a County plan or in the CIP. Regardless of the trails there are still funding issues that need to be fixed. Councilmember Fabel stated he was opposed to a franchise fee system. He felt if they need money for the various funds they should levy for what they need. He thought people would want to know why they were being charged a fee for something that has no relationship to the fee itself. Moreover, the fees would be the same for a $2 million home as a $200,000 home and that wasn't fair. Councilmember Monson said she would like to have public engagement on the topic that would include where the City would use it. She would be open to an open house with a presentation and asking residents if they were going to give franchise fees where would they want them to go. She would like to have all the information presented at an open house or public hearing at as Council meeting. Councilmember Rousseau thought they needed to be specific about why they think we need franchise fees, and also create awareness around the water meter project and make people really aware of the taxes and fees that are going toward their houses. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 12 Councilmember Holden agreed with an open house but thought they also needed to show the trails in addition to public safety. Mayor Grant thought they should make a running list of some of the things that are upcoming such as fire trucks, fire station, fire chiefs, extending trail to Highway 96, Lake Johanna Trail, and additional fees from St. Paul water. The question to the public is do they value the items to the point that they are willing to do a franchise fee. If they do franchise fees they owe it to the public to tell them exactly where the fee is going. He favored an open house to get feedback. Councilmember Fabel didn't see why it should be any different than any budget hearing they have. They are asking people how they'd like to spend money raised by the City whether it is raised by levy and a direct property tax or this indirect form of taxation, which is an unequal form of taxation, and irrational in many ways. He thought which of the funds need to be funded should be part of their overall budget discussion and put in the tax base. He felt the rational way of taxing at the city level was to impose a property tax. Councilmember Holden said that being in a joint agreement with two other cities they don't have the option to say they aren't going to buy a fire truck. Councilmember Monson said she wasn't committing one way or another but she did want resident's opinions on a franchise fee. Councilmember Holden stated this was a less regressive tax because lower income people get energy assistance so the franchise fee gets significantly lower based on use and payment, where property taxes are regressive. Further discussion ensued on a timeline for an open house. It was decided that April may be a good time and it was suggested that a representative from Xcel Energy be invited to attend F. Sound Wall Discussion City Administrator Perrault explained that the City has discussed pursuing a potential sound barrier in the city, typically along Old Highway 10 and Highway 96 south of Wedgewood Circle. Highway 51 and Glenhill area were also discussed. MnDOT is accepting applications this year through December 3 Vt for 2029 sound barrier projects. Should the City want to submit an application and be awarded a project, the City would be responsible for 10 percent of the cost. Did Council want staff to continue to pursue this? Councilmember Holden wondered what the City's ranking was last time. City Administrator Perrault said this year with every application they will do a noise reading, then base the ranking on cost effectiveness, number of people served, etc. Councilmember Monson said she would advocate for applying and even if they win they don't have to do it. Mayor Grant noted some of the costs could be assessed. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 13 Councilmember Rousseau asked if there were concerns that residents wouldn't want it. Mayor Grant responded that they have received written petition from most of the people on Highway 10 wanting the sound wall. Councilmember Rousseau felt it was a good idea to apply. Councilmember Holden said the State does a good job of telling residents where the shadows will fall from the walls. Councilmember Fabel mentioned a large part of the proposed area along Snelling Avenue was in Roseville, and trees may do a better job of blocking sound than a wall. Mayor Grant agreed that there is limited distance and limited residents served and that section probably wouldn't score well. Councilmember Holden noted they did just clear cut off of that road and the sound has changed. She felt they should apply for the Glenhill area. City Administrator Perrault said that would require cooperation from Roseville and they would fund the majority of the wall. Mayor Grant asked staff to approach Roseville and if they were agreeable we could apply for that section, and to apply for the Highway 10 segment. G. Definition of Tobacco Councilmember Holden said when the City passed the ordinance for no flavored tobacco, it was passed with the definition set in the ordinance. The State has since set a definition and ours doesn't copy it. Synthetic nicotine is considered tobacco according to the State and she thought we should change our definition to match. Assistant to the City Administrator/City Clerk Hanson explained that the group that does the City compliance check reported that one license holder was carrying two flavored synthetic products. The City Attorney feels our ordinance doesn't clearly address these products, and he was reluctant to proceed with enforcement. The Council could choose to amend the ordinance. After discussion, general consensus of the Council was to match the State definition of tobacco and staff was directed to bring forward draft language to amend the City's Code pertaining to synthetic nicotine products. H. Facebook Postings Mayor Grant said he became aware of a NineNorth production regarding the goats being used for buckthorn removal. It brought up the issue of a policy on the City's Facebook posts, or putting a link on the City website. ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 14 Councilmember Rousseau was concerned about the flowchart — when does something go into the newsletter or on Facebook, and what process works well for staff to get information or requests from the committees. Councilmember Holden said the rule used to be they had to go through the chair of the committee, and the chair would contact staff. Councilmember Rousseau would like to discuss again when the Senior Communications Coordinator is present. City Administrator Perrault said the process today is that a particular committee or commission as a whole gives direction, along with the staff or Council liaison. Councilmember Monson was fine with that, but noted the Fire Board didn't work that way. Mayor Grant asked staff to put the topic on a future work session. I. Council Tracker After discussion the estimated completion date for 25 MPH Speed Limit on City Streets was changed to November 30, 2023. 5. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Holden stated it was cold and flu season so please pick up your garbage when you leave the tables or the dais. Councilmember Monson wondered when they would discuss the deer population and a possible hunt. City Administrator Perrault said he didn't have it slated yet for October or November. He thought they likely have missed the opportunity to have a hunt this fall. Councilmember Holden mentioned the County said the deer count has gone down from last year in our area. Councilmember Fabel said he attended meetings that morning and the previous Wednesday along with City and County and Commissioner Frethem with the Senate and House committees on bonding, to discuss Ramsey County's request for $25 million in 2024 bonding money. They met at the Ramsey County Public Works building and did a tour of the TCAAP property. He felt both committees gave positive feedback and he thought the bonding request would receive consideration next year. Councilmember Rousseau reported that at the last Planning Commission meeting an issue came up about fences for gardens. It was noted that many residents likely have garden fences tall enough to deter deer and keep them up year-round, with very few requesting a permit for non- conforming fences. It was suggested the issue be sent to the Planning Commission and as part of ARDEN HILLS CITY COUNCIL WORK SESSION — SEPTEMBER 18, 2023 15 encouraging people to grow their own food the zoning administrator could be permitted to waive the fee or allow inconsequential small fences be used for agricultural purposes. Councilmember Holden thought they could say if the garden was behind or beside the house the six-foot limit could be waived. Councilmember Fabel stated he was against any ordinance regarding garden fences. Community Development Director Jagoe said they haven't had anyone complain about garden fences and they haven't sent any letters telling someone they are non -compliant. They currently don't have the right to waive, if they received a code enforcement complaint they would address it at that time and it would fall under permanent fence if it was a year round fence. Mayor Grant directed staff to work on the text change. Mayor Grant noted the bidding for the Primer Tracer area would be ending, and there were currently nine bids. He proposed that as they go forward into the new format of work sessions in front of Council meetings the Council Comments at the work session be curtailed and given at the regular meeting. Ribfest was an interesting, fun event and there is a possibility of building it bigger. The hotels are doing well in the City, the Gateway Visitor Bureau has said they are doing better than Minneapolis and greater Minnesota. There will be a Fire Board meeting September 19, and City Attorney interviews on September 25. He appreciated Council allowing him to rush through a couple of topics but to be successful with the new format they will need to move topics along. City Administrator Perrault said the County would like to address Council regarding the Lake Johanna Boulevard Trail, they are looking at the third Monday in November or December. He would like feedback on having a stand-alone meeting. Council agreed to a stand-alone meeting. City Administrator Perrault said it would be November 20 and he would confirm. ADJOURN Mayor Grant adjourned the City Council Work Session at 7:56 p.m. Jolene Trauba David Grant Deputy City Clerk Mayor [DRAFT-.,, -ARQEN_HILLS Approved: October 23, 2023 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2023 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau Absent: None Also present: City Administrator Dave Perrault; Public Works Director/City Engineer David Swearingen; Community Development Director Jessica Jagoe; City Attorney Joel Jamnik; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Holden requested Item 8C and 8G be pulled from the Consent Agenda for discussion as Items 9A and 9B. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated neither the JDA, the Advisory Committee nor the Energy Committee have met since the last Council meeting. He explained the JDA would be meeting next on Wednesday, September 27 where density scenarios will be presented by the developer. He stated the JDA would also be meeting on October 2 where environmental remediation and plans for the thumb property will be discussed. He reported the Energy Committee would be meeting on September 28 and would be receiving a presentation from Xcel Energy on energy options for the site. He commented the Primer Tracer property is still for sale and the last price on the auction was $2.26 million. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 N 3. PUBLIC INQUIRIESANFORMATIONAL Kathy Sukke, 1286 Karth Lake Circle, reported she moved to Arden Hills from Harlem. She explained she understood what density was. She stated the housing in Arden Hills north of I-694 was currently 938 units, 217 apartments and 280 Arden Manor lots for a total of 1,435 units. She indicated these diverse housing units are on roughly one square mile or 640 acres. She commented on how northern Arden Hills was boxed in by freeways to the south and west. She discussed how 1,460 units were being proposed to be placed on 161 acres or only one quarter of that space. She believed the proposed density would distort the nature of northern Arden Hills and would make the development incongruent with the diverse housing around it. In addition, the population would be multiplied which would impact traffic, services, and an increased tax burden will fall on current residents. She feared how the community would be impacted if the JDA opts to increase the density within the development to 1,960 units. She reported this density would mean there would be 5,100 more people being added to northern Arden Hills which would be a 136% increase in population growth. She stated this level of density was unconscionable. She understood the developer has said density is your friend. She disagreed with this noting many Arden Hills residents moved to this community to get away from a higher density area. She urged the JDA and City Council to allow Arden Hills residents to have a place at the table when it comes to the TCAAP development. Mayor Grant reported Linda Swanson provided a prepared statement to him. He read this statement for the record, noting Ms. Swanson requested all TCAAP summaries from City Administrator Perrault regarding the activities of the JDA and JDA Advisory Committee be added to the JDA Advisory Committee summaries. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director/City Engineer Swearingen reported Lexington Avenue was open to traffic and would have intermittent outside lane closures as the contractor finishes the trail and sidewalk construction. He noted this work would continue through the fall until the work is completed. Public Works Director/City Engineer Swearingen stated the roundabout at County Road E and Old Snelling was open to traffic in all directions, but was an active construction site. He indicated the south leg would be paved on Friday, September 29 and the final paving would be completed next week. He urged vehicles passing through the site to pay close attention to the posted signage and moving heavy equipment. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 3 Mayor Grant reported the trail section between County Road E and the park has the curb and gutter in place. However, he feared the curb and gutter had been placed too low. He asked that staff investigate this further. Councilmember Holden requested staff post that the roundabout would be receiving another two inches of lift. She indicated the neighbors would appreciate having this information. Public Works Director/City Engineer Swearingen explained a construction meeting would be held with the contractor tomorrow and once he has better information, he could put an update on the website. Mayor Grant reported he has received complaints about the speed of traffic coming off the roundabout on Snelling Avenue and asked that staff look into this. 7. APPROVAL OF MINUTES A. August 21, 2023, City Council Work Session B. August 21, 2023, Special City Council C. August 28, 2023, Regular City Council Councilmember Holden reported she provided staff with changes to the August 28 Regular City Council minutes. Councilmember Rousseau reported she also provided staff with changes to the August 28 Regular City Council minutes. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to approve the August 21, 2023, City Council Work Session meeting minutes and August 21, 2023, Special City Council meeting minutes as presented. The motion carried (5-0). MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the August 28, 2023, Regular City Council meeting minutes as amended. The motion carried (5-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve Interim Policies — Flexible Scheduling And Dress For Your Day D. Motion To Approve Professional Services Agreement With TKDA For 2024 CIPP Lining Project E. Motion To Approve Esri Small Local Government Cloud -Based Enterprise (GIS) Agreement ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 2 F. Motion To Approve Change Order No. 1 And Payment No. 3 — Bituminous Roadways, Inc. — City Hall Parking Lot Project MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (5-0). 9. PULLED CONSENT ITEMS A. Motion To Approve Resolution 2023-047 Authorizing Application For PFA Grant And Agreement For County Rd E And Old Snelling Sanitary Sewer And Water Utility Improvements Councilmember Holden stated this was a State bond the City received. She thanked Representative Moller and Senator Marty for all of their efforts to receive this funding on behalf of the City. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to Adopt Resolution 2023-047 Authorizing Application For PFA Grant And Agreement For County Rd E And Old Snelling Sanitary Sewer And Water Utility Improvements. The motion carried (5-0). B. Motion To Approve City Council Meeting Scheduling Councilmember Holden explained she will have difficulties in attending the two worksessions a month at 5:00 p.m. due to personal reasons. She asked if the meetings could begin at 5:30 p.m. instead of 5:00 p.m. Councilmember Monson explained she could support moving the meeting start time to 5:30 p.m. Mayor Grant stated this was something new the Council was trying. Councilmember Holden requested the November 20 meeting begin at 6:00 p.m. Mayor Grant reported this was a meeting with County and noted City staff would have to speak with County staff to see if this is possible. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve City Council Meeting Scheduling having all special worksessions begin at 5:30 p.m. except for the November 20 meeting, which would be contingent upon staff speaking with the County to see if the meeting could begin at 6:00 p.m. The motion carried (5-0). 10. PUBLIC HEARINGS ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 5 A. Quarterly Special Assessments for Delinquent Utilities City Administrator Perrault stated water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Mayor Grant opened the public hearing at 7:26 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:27 p.m. 11. NEW BUSINESS A. Resolution 2023-048 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities City Administrator Perrault stated delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated August 7, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by September 18, 2023. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The City will request that Ramsey County levy the delinquent balances against the respective properties. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to adopt Resolution 2023-048 — Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities. The motion carried (5- B. Resolution 2023-049 — Planning Case 2023-016 Variance At 1945 Edgewater Avenue Community Development Director Jagoe stated the applicant is requesting a variance to decrease the required side yard setback on a corner lot for the Subject Property from 40 feet to 5.8 feet and to decrease the required front yard setback from 40 feet to 39.2 feet as measured from the building line of the proposed garage addition. The existing detached garage is currently located 1.4 feet from the side yard property line. Section 1320.06 of the Arden Hills City Code requires 40-foot front yard setback in R-2 and a side yard setback of 40 feet on corner lots. According to the Applicant's narrative and the Certificate of Survey for the Subject Property submitted as a part of the application, the Subject Property's existing principal structure does not meet the front yard setback requirement and the detached garage does not meet the side yard corner lot setbacks. Community Development Director Jagoe explained the Subject Property was developed in 1952 and today is a legal nonconforming lot for the front yard setback and the side yard setback for corner lots. The 40-foot side yard setback on corner lots for each street frontage was established in the Code in 1980. The requested variance would not encroach further into the existing nonconforming building setbacks on the Subject Property. The Applicant is requesting ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 6 the proposed garage addition as, according to the Applicant, two vehicles cannot be stored and accessed within the existing detached garage. The proposed garage addition would meet applicable building codes and all other regulations in the R-2 District. As a legal nonconforming lot, the existing detached accessory structure is allowed to be maintained through normal maintenance and repairs. The Applicant would not be able to construct the proposed garage addition without a variance. Community Development Director Jagoe reviewed the site data, existing site conditions, along with the Plan Evaluation. She offered the following Findings of Fact: General Findings: 1. City Staff received a land use application for a variance request to the required R-2 Zoning District side yard setback for corner lots and the front yard setback at the Subject Property 1945 Edgewater Avenue. 2. A single-family dwelling is a permitted use within the R-2 Zoning District. 3. The garage addition will not impede sight lines or obstruct the clear vision area from the roadways since the existing building line along Prior Avenue will remain the same. 4. The existing detached garage is legal nonconforming with a side yard setback of 1.4 feet. 5. The proposed garage addition would have a side yard setback for a corner lot of 5.8 feet and does not increase the nonconformity of the lot. 6. The proposed garage addition would decrease the required front yard setback to 39.2 feet. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed garage addition would not alter the essential character of the neighborhood because the proposed design will fit with the neighborhood and will not encroach further into the existing garage's corner side yard setback. 3. The variance request is not based on economic considerations alone. Community Development Director Jagoe explained the Planning Commission reviewed this application at their September 6, 2023, meeting. At that time, they recommended approval of Planning Case 23-016 to decrease the required front yard setback from 40 feet to 39.2 feet and to decrease the required side yard setback for a corner lot from 40 feet to 5.8 feet at 1945 Edgewater Avenue by a 5-0 vote as amended by the conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Councilmember Holden indicated she supported the proposed request. She asked if the siding would match the house. Community Development Director Jagoe stated all proposed building materials would match the existing house. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 7 MOTION: Councilmember Rousseau moved and Councilmember Monson seconded a motion to adopt Resolution 2023-049 for Planning Case 23-016 for a variance on a nonconforming detached 2ara2e due to the existing side yard setback for a corner lot of 1.4 feet to allow an addition on the north and south elevations that would decrease the current required side yard setback for corner lots from the minimum requirement of 40 feet to 5.8 feet and decrease the required front yard setback from the minimum requirement of 40 feet to 39.2 feet as measured from the footprint of the 2ara2e addition at 1945 Edgewater Avenue ("Subiect Property") as recommended by staff with the two conditions as proposed by the Planning Commission. The motion carried (5- 12. UNFINISHED BUSINESS A. Resolution 2023-045 Setting Preliminary Levy For Proposed Taxes Payable In 2024 City Administrator Perrault stated this item was previously tabled from the September 11, 2023 City Council meeting, most of the information contained below remains the same with the exception of updated information regarding the Ramsey County Sheriff Office's and the Lake Johanna Fire Department's contracts for public safety services. Following the previous meeting, it was made public that the Lake Johanna Fire Department (LJFD) received a grant for additional positions in 2024, reducing their anticipated budget for Arden Hills by $103,306; and the Sheriff's Office received additional information reducing their anticipated budget for Arden Hills by $13,567. It also reflects an increase of $40,000 to support additional positions for LJFD starting in 2027 and avoid a large levy spike in the future. City Administrator Perrault reported State law requires that cities certify their proposed property tax levies to the county auditor by September 30th. The proposed tax levy that is given preliminary approval may be lowered but cannot be increased. Therefore, it is important that the proposed tax levy provides adequate revenues to finance the 2024 Budget. The City Council needs to decide the maximum levy that it is willing to approve and then adopt the attached resolution. The City will hold its Truth and Taxation Hearing and set the final tax levy at the December 11, 2023 City Council meeting. A budget workshop was held with the Council on August 21, 2023. Staff was directed to provide proposed maximum levy increase options from 0% to 16% (the amount needed to balance the General Fund). There will be another budget workshop in either October or November, prior to the final levy and budget adoption meeting in December. Staff commented further on the proposed budget and tax levy and recommended approval of the preliminary levy for taxes payable in 2024. Councilmember Monson asked if in order to balance the budget, a 14.7% levy increase would be needed. City Administrator Perrault reported this was the case. Councilmember Holden asked how much of a budget surplus the City would have at the end of 2023. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 8 City Administrator Perrault noted the previous Finance Director estimated this to be somewhere between $100,000 and $200,000. Councilmember Holden commented on the budget to actual for 2023 and noted the City has had a budget surplus every year since 2013. She did not believe the City should be pursuing a 14.7% tax levy but rather should reduce this amount taking into consideration the budget surplus from 2023. She stated she would like to see the tax levy somewhere around 10%. Councilmember Fabel indicated the proposed tax levy was to provide adequate revenues to finance the 2024 budget. He stated in order to fully fund the budget staff recommends a levy of 12.55%. He questioned what portions of the budget does staff not fully fund. City Administrator Perrault reported staff was recommending the levy be at least 12.55% and that the budget be fully funded. He explained he was not anticipating permits would be as high in 2024 as 2023. He noted to Councilmember Holden's point, the City would have budget excess that would assist with balancing the budget. Councilmember Fabel stated he believed it was common sense to set the preliminary levy at an amount that meets the preliminary budget. Mayor Grant explained he went through over the past 10 years of budgets and noted the City was $750,000 under budget during this time period. He indicated the City never spends all of the budget. He reiterated that all of the expenditures within the budget were estimates, along with the fact all revenues were estimates. He commented further on how he believed a 10% levy increase would be sufficient for 2024. Councilmember Monson asked what the outstanding items were within the budget. City Administrator Perrault stated this included union negotiations, final insurance rates, final rates from the LMC, and City Hall staff wage/benefits. Councilmember Monson questioned if the $200,000 surplus for 2023 was due to the loss of the Finance Director. City Administrator Perrault reported this estimate was done prior to Finance Director Bauman leaving. He indicated this number could be higher than earlier estimated. Councilmember Monson indicated she rewatched the City Council budget meetings from last year. She commented on how the tax levy was not just for 2024, but rather had impacts on the health of funds in future years. She believed it would be prudent to set a higher levy for the preliminary levy. She stated she did not want the Council to kick the can down the road but rather supported the preliminary levy being set at 14.7% with the understanding this number could come down by December. Councilmember Rousseau questioned if the City was considering how the budget surplus would be used in 2024. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 9 City Administrator Perrault reported this surplus was typically placed in the PIR Fund. Councilmember Rousseau stated she supported the preliminary levy being set at 12.55%. Councilmember Fabel commented on how labor movement has become more active in recent days. He believed this current state should be considered when going into union negotiations. Because of the uncertainties surrounding the union negotiations, he recommended the preliminary levy be set at 14.7%. Councilmember Holden indicated the union negotiations were not just about money, but rather the City offered other benefits such as having every Friday afternoon off in the summer. She commented on how City staff appreciated having summer hours and ample vacation hours earned. Councilmember Monson stated she could support going down to the 12.55% levy increase with the assumed budget surplus money from 2023. She indicated she was concerned with the union negotiations and where those numbers would end up. Mayor Grant commented the Personnel Committee met regarding making Arden Hills a bit more flexible and enjoyable for employees. He discussed how Consent Agenda Item B offered employees more flexibility when it came to scheduling and how employees dress for their day. He believed this set Arden Hills apart and made it more enjoyable for working. He reported he has been on the City Council for the past 23 years and he has seen surpluses occurring for 23 years. He commented on how the City did not spend 100% of the budget for 100% of the budgeted items. He stated he believed in levying an amount of dollars that closely reflected the amount that would be spent. Councilmember Monson asked if when the City budgeted over all these years and hadn't spent the money, was it because the City didn't have people to exercise the goals and visions for the budget? She questioned why the City regularly has not hit its budget. Councilmember Holden stated every time Council set the levy, it was set lower than what the budget asked for. She noted that of course being a Director, she would always ask for more money than was needed and that you pad your budget some because you don't know. She said that at the same time, these are estimates. She went on to say that the maintenance schedule is a maintenance schedule, it's not a for -sure. She gave the example that Public Works may have a truck that has had no issues except for a little rust on the bottom, and they want to replace it. The Council can say no and schedule the replacement out another year or two. She noted the Council has the prerogative to say yes or no to everything that comes before them. Councilmember Holden stated that many times the City has been fully staffed but sometimes revenue does come from not funding a salary in the case of a staff vacancy. She noted she believes an approximately $10 million dollar field house would be built. Mayor Grant discussed how the City has a policy in place that requires the City to have 50% of its budget on hand. He commented on how this assists the City in covering expenditures in between receiving property tax payments, noting these were only made to the City two times a ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 10 year. He noted the City has been pretty conservative and that the budget is a plan, it doesn't mean that everything is necessarily going to happen. Councilmember Monson thanked the Mayor and Councilmember Holden for answering her questions. She stated she heard from residents during the election campaign that they want more for the taxes they pay, or were willing to pay more to get more, such as more park amenities, trails and playgrounds. She believed she was elected because she has a vision for what she wants to see. She wanted to see the City moving to meet the needs of the residents that live in this community. She supported the City working to complete a climate action plan or to become more sustainable. She struggled with how the City continually has a pattern of not meeting the budget. She hoped the Council could further discussion what its strategic goals and visions were for the City and how it should be spending its funds on behalf of the community. Councilmember Holden commented in past budgets the Council has added items (such as I&I) when grants are received. She explained the City put money into projects for trails that were not in the budget. She stated she worried about how the residents living in affordable housing in Arden Hills would be impacted by a 14.7% levy increase. She worried that people were struggling as it is. She commented further on how the County would be having tax increases as well that would impact all Arden Hills residents. She stated she could support the Council continuing conversations about the City's vision, but she urged the Council to consider how the elderly and those less fortunate would be impacted by the levy increase. Councilmember Fabel said it is hard to find people who are willing to pay more taxes. However, he said it important to remember that Arden Hills has the lowest tax rate in Ramsey by a significant amount. He noted that whatever additional tax burden the City imposes upon people, Arden Hills is still the lowest in all of Ramsey County. Councilmember Fabel stated he thinks he heard Councilmember Holden suggest that the reason there are budget surpluses is because staff is asking for more money than they think they really need. He said he has not seen that but feels staff is very careful and responsible with budgeting. He noted to vote for a maximum levy at the amount that has been budgeted shows a vote of confidence in staff and thanks them for the role that they do. Councilmember Holden said she does not believe she said that. She commented that she was insulted and said she did not say staff deliberately does anything. She said she made the point that she thinks staff does a good job watching the budget and what they spend. She felt belittled and said she does not accept Councilmember's comment. Mayor Grant commented on how the estimate for the budget surplus was around $100,000 to $200,000 from an overall budget of $5 million. He stated Arden Hills did have the lowest tax rate in Ramsey County. He explained he was not in charge of other cities in Ramsey County, he was only in charge of Arden Hills and how this City spent its tax dollars. Councilmember Rousseau stated the 12.55% levy increase would cost taxpayers $3.40 for homes valued between $180,000 and $190,000 or $8.33 for homes valued between $443,000 and $469,000. She recommended the levy be set at 12.55% and that the Council work to lower this amount by December. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 11 Councilmember Monson indicated she was not opposed to a final levy increase of 10%, but recommended the preliminary levy be set at 12.55% or 14.7% with the understanding this amount could be lowered in December. MOTION: Councilmember Rousseau moved and Councilmember Monson seconded a motion to adopt Resolution 2023-045 — Setting the Preliminary Levy at 12.55% for Taxes Payable in 2024. Mayor Grant commented he still believed the preliminary levy should be set closer to 10%. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). 13. COUNCIL COMMENTS Councilmember Monson commented the Fire Board met last week to discuss the fire district and the governance model. Councilmember Monson reported she was looking forward to attending the JDA Worksession on Wednesday, September 27 where density scenarios will be presented by the developer. Councilmember Monson asked if the Council had ever decided to set a date for a workshop date for TCAAP visioning. City Administrator Perrault reported he did not have a date for this meeting. Councilmember Monson indicated she was looking forward to attending the flashlight pumpkin hunt. Councilmember Fabel stated the Council held interviews for a new City Attorney this evening. He commented on the role of the City Attorney and stated the City has been very well served by City Attorney Jamnik. Councilmember Holden reported Boston Scientific held their annual event where all employees are brought into Arden Hills for presentations. She indicated this event was a huge success again this year. Councilmember Holden requested staff provide the Council with an update on Round Lake at a future meeting. Councilmember Holden questioned what the hurry was with the Fire District. She was pleased the Fire Board received the safer grant and urged the Fire District to take their time when considering the new operating model. Councilmember Holden requested Public Works provide enough wagons for the flashlight pumpkin hunt. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 12 Councilmember Rousseau explained she attended Ribfest and was able to speak with the organizers. She urged the organizers to speak with the City Council about this event at a future worksession meeting. Councilmember Rousseau noted she spoke with the Governor while at Ribfest about how appropriate it was for the trades to be in Arden Hills supporting the military and National Guard. She commented on how the City had a 427 acres development opportunity would provide tradespeople 15 years of projects. Councilmember Rousseau thanked Boston Scientific for inviting the City Council and staff to their "Everyone Makes an Impact" event. She stated Boston Scientific was a great employer in the community and has been very generous when offering to assist with the agility course at Perry Park. Councilmember Rousseau reported she attended Northeast Youth and Family Services strategic launch meeting. Councilmember Rousseau commented on the Chamber of Commerce meeting she attended last week. She supported the City working with the County in order to share what economic development resources were available to the EDC. Mayor Grant reported he attended Ribfest and noted he enjoyed speaking with the Governor. He appreciated how high on the list the fieldhouse was for the governor. He stated he enjoyed serving as a judge for this event and he hoped this event would continue going forward. City Administrator Perrault explained $17 million has been appropriated for the fieldhouse. Mayor Grant stated he and City Administrator Perrault met with the local group of mayors and administrators where levies and THC was discussed. Mayor Grant indicated he attended a meeting where a number of environmental organizations discussed the remediation of Round Lake. He reported if plans continue as discussed, the cleanup would occur in 2026. Mayor Grant commented he attended a Twin Cities Gateway Visitors Bureau meeting and was pleased to report revenues had increased slightly in 2023. Mayor Grant asked where the 1,960 density number came from for TCAAP. City Administrator Perrault stated this question was answered at the September 1 lth meeting in response to the resident inquiry. He stated number was borne out of a closer look at the staff level, of the density scenarios. He reported the staff met with the developer, financial consultants and County staff members and discussed the different scenarios and based on the developer's previous fit test, the developer still believes 1,960 is the appropriate density ceiling. He indicated the JDA Advisory Committee affirmed this number and recommended this number be presented to the JDA by the developer. ARDEN HILLS CITY COUNCIL — SEPTEMBER 25, 2023 13 Mayor Grant questioned who was the original driver of this number. City Administrator Perrault explained the developer is bringing the 1,960 number forward, the original driver of the number was all parties involved, but the specific number of 1,960 was honed in by the developer. Mayor Grant commented on how the proposed 1,960 units would be like building St. Paul in Arden Hills. ADJOURN MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:51 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM 8A ARZEEN HILLS MEMORANDUM DATE: October 23, 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 #21 Paid Claims - 10/1 /2023-10/13/2023 (Check Nos. 52146-52171 and ACH Checks) Total Payroll $119, 844.05 $119,844.05 $314,562.06 Total Accounts Payable $314,562.06 Total Claims $434,406.11 CITY OF ARDEN HILLS PAYROLL # 21 CHECKS DATED: 10/13/23 Biweekly: 09/23/23 - 10/06/23 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT 1 7,914.71 EFT A Oasdi 4,886.82 4,886.82 EFT k Medicare 1,142.88 1,142.88 EFT 3.435.62 EFT & Premium 1,749.56 23,565.69 A/P Check* al Premium 95.88 789.90 A/P Check* Health Care Reimb. 0.00 A/P Check* Dependent Care Reimb. 0.00 A/P Check* 'AL FLEXIBLE SPENDING 1,845.441 24,355.59 Health Saving 1 1,007.691 1,625.00 EFT AL HEALTH SAVINGS 1 1,007.691 1,625.00 A 4,838.24 5,582.59 EFT EFT A/P Check* EFT A 1,404.16 447.42 ral Pension Fund -Union 1,344.00 State Retirement System 500.00 'AL RETIREMENT 1 8.086.401 6.030.01 ,FLAC 22.76 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 40.44 98.90 ife/Addl non -tax 9.40 TD/STD Insurance 1,304.97 ERA Life Insurance 32.00 JOE 49 Dues (Union) 1 122.50 NUM 1 0.00 Total Employee Deductions 29,851.63 Net Payroll 0.00 Direct Deposit 51,853.22 Gross Payroll Tie -Out 81,704.85 Plus City Paid Benefit 38,139.20 TOTAL PAYROLL COST 119,844.05 FICA TIE -OUT Gross Payroll 81,704.85 Less Total FSA 1,845.44 Less Total H.SA 1,007.69 Less Voluntary Ins 32.16 Net P/R Subject to FICA 78,819.56 FICA Oasdi @ 6.20% 4,886.82 FICA Medicare @ 1.45% 1,142.88 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: 10/17/2023 1:31 PM r` EN HiiLLs Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 0189 GOPHER STATE ONE CALL 10/13/2023 3090190 September Locates 83.25 3090190 September Locates 83.25 3090190 September Locates 83.25 Total for this ACH Check for Vendor 0189: 249.75 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 10/13/2023 0001163150 Waste Water -November 70,447.39 Total for this ACH Check for Vendor 0243: 70,447.39 ACH 0292 OXYGEN SERVICE COMPANY INC 10/13/2023 0003566171 September Rental 32.92 Total for this ACH Check for Vendor 0292: 32.92 ACH 0327 STAPLES INC 10/13/2023 3547293672 Supplies 48.92 3547293673 Supplies 152.01 3547293674 Supplies 27.39 3547833300 Supplies 15.79 3547833301 Supplies 19.99 3547833302 Supplies 30.87 3547833302 Supplies 19.18 Total for this ACH Check for Vendor 0327: 314.15 ACH 0382 MISSIONSQUARE #106944 10/13/2023 PR 23-21 PR Batch 00100.10.2023 ICMA Employee Perce PR Batch 00100.10.2023 ICN 387.76 PR 23-21 PR Batch 00100.10.2023 ICMA Employer Perce PR Batch 00 100. 10.2023 ICN 447.42 Total for this ACH Check for Vendor 0382: 835.18 ACH 0387 MISSIONSQUARE #302482 10/13/2023 PR 23-21 PR Batch 00100.10.2023 ICMA Employee Perce PR Batch 00100.10.2023 ICN 216.40 PR 23-21 PR Batch 00100.10.2023 ICMA Employee Dedu PR Batch 00 100. 10.2023 ICN 800.00 Total for this ACH Check for Vendor 0387: 1,016.40 ACH 10363 MINUTE MAKER SECRETARIAL 10/13/2023 M1759 CC Meeting Minutes-9/25 266.75 M1759 JDA Worksession Minutes-9/27 234.50 Total for this ACH Check for Vendor 10363: 501.25 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 10/13/2023 10231043 Janitorial Services -September 1,554.58 Total for this ACH Check for Vendor 10476: 1,554.58 AP Checks by Date - Detail by Check Date (10/17/2023 1:31 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 10491 JULIE HANSON 10/13/2023 100923 Mileage Reimbursement 323.68 Total for this ACH Check for Vendor 10491: 323.68 ACH 10497 CINTAS CORP 10/13/2023 5177360726 CH First Aid -October 90.05 5177360726 PW First Aid -October 50.40 Total for this ACH Check for Vendor 10497: 140.45 ACH 10552 ELENAFRANSEN 10/13/2023 100923 Parking Reimbursement-MnAPA Conference 10.00 100923 Mileage Reimbursement-MnAPA Conference 86.46 Total for this ACH Check for Vendor 10552: 96.46 ACH 1408 SUPPLY SOLUTIONS LLC 10/13/2023 51688 CH Supplies 192.00 Total for this ACH Check for Vendor 1408: 192.00 ACH 5173 BADGER METER 10/13/2023 80140074 Beacon & LTE Sery Units -September 638.91 Total for this ACH Check for Vendor 5173: 638.91 ACH 5587 CES IMAGING INC 10/13/2023 INV155530 September Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 7501 KELLY & LEMMONS PA 10/13/2023 61578 September Prosecution 5,096.09 Total for this ACH Check for Vendor 7501: 5,096.09 ACH toii TOKLE INSPECTIONS INC 10/13/2023 100123 September Electrical Inspections 5,560.04 Total for this ACH Check for Vendor toii: 5,560.04 52146 2597 AARP 10/13/2023 AARP C22154 AARP Driver Safety-9/26/2023 180.00 Total for Check Number 52146: 180.00 52147 AR-ARVI ARVIG ENTERPRISES INC. 10/13/2023 ROW 2022-01058 Escrow Refund: ROW 2022-01058, 3003 Snellir 4,500.00 ROW 2022-01346 Escrow Refund: ROW 2022-01346, 1777 Gatew 6,000.00 Total for Check Number 52147: 10,500.00 52148 assf ASSOCIATION FOR NONSMOKERS 10/13/2023 076-092023 A 2023-Tobacco Compliance Project 354.00 Total for Check Number 52148: 354.00 52149 UB*00698 DAVID BARTHOLD 10/13/2023 Refund Check 009175-000, 1376 Arden Place 28.76 Total for Check Number 52149: 28.76 AP Checks by Date - Detail by Check Date (10/17/2023 1:31 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52150 2440 BERWALD ROOFING COMPANY INC 10/13/2023 17997 Annual Inspection/Maintenance 1,800.00 Total for Check Number 52150: 1,800.00 52151 0146 BRYAN ROCK PRODUCTS INC 10/13/2023 61232 CL 2 Rip Rap 359.41 Total for Check Number 52151: 359.41 52152 10483 CENTRAL PENSION FUND 10/13/2023 401333.0923 Apprenticeship -September 420.00 Total for Check Number 52152: 420.00 52153 cpfl CENTRAL PENSION FUND SOURCE A 10/13/2023 184503.1023 September Pension 4,032.00 Total for Check Number 52153: 4,032.00 52154 1033 COMCAST 10/13/2023 0101030.1023 Service 10/3-11/2 108.35 98681.1023 Service 10/5-11/4 111.52 Total for Check Number 52154: 219.87 52155 0849 FRA-DOR INC 10/13/2023 2309134 Limestone Rip Rap 315.00 Total for Check Number 52155: 315.00 52156 1119 GERTENS INC 10/13/2023 825686/6 Shrubs 267.00 Total for Check Number 52156: 267.00 52157 5609 IDEAL SERVICE INC 10/13/2023 12517 Booster Station Repair-VFDs 14,918.00 Total for Check Number 52157: 14,918.00 52158 UB*00697 NORMAN or JENNY LONGSDORF 10/13/2023 Refund Check 000678-000, 1241 NurseryHill I 94.72 Total for Check Number 52158: 94.72 52159 10362 MARCO TECHNOLOGIES LLC 10/13/2023 INV11687835 Service 9/25-10/24 and Q3 Usage 116.06 INV11687835 Service 9/25-10/24 and Q3 Usage 657.66 Total for Check Number 52159: 773.72 52160 10448 MARCO TECHNOLOGIES LLC 10/13/2023 512303686 Copier10/25-11/25 35.36 512303686 Copier10/25-11/25 200.35 Total for Check Number 52160: 235.71 52161 UB*00696 TROY MARTINEK 10/13/2023 Refund Check 010401-000, 1454 Bussard Courl 54.37 Total for Check Number 52161: 54.37 AP Checks by Date - Detail by Check Date (10/17/2023 1:31 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52162 10523 METRO-INET 10/13/2023 1491 Camera Milestone License 350.00 1501 IT Support -October 8,838.00 Total for Check Number 52162: 9,188.00 52163 10533 MKC INC 10/13/2023 2023-9 CDBG-September 1,430.00 Total for Check Number 52163: 1,430.00 52164 10508 NORTHERN SODA COMPANY 10/13/2023 7096 Soda -Commission Picnic 75.00 Total for Check Number 52164: 75.00 52165 3100 PROVIDENT LIFE AND ACCIDENT INS 10/13/2023 E0471136.0923 September Insurance 39.02 Total for Check Number 52165: 39.02 52166 0811 RAMSEY COUNTY 10/13/2023 EMCOM-011167 Fleet Support -September 24.96 EMCOM-011203 CAD Services -September 800.84 EMCOM-011219 911 Dispatch -September 4,927.26 FLEET-000840 Vehicle Service/Repair-August 660.10 FLEET-000840 Vehicle Parts -August 1,889.60 FLEET-000842 August Fuel 3,392.14 PRMG-005173 PW Rental Space -October 1,146.78 PRMG-005173 PW Rental Space -October 2,580.26 PRMG-005173 PW Rental Space -October 5,160.53 PRMG-005173 PW Rental Space -October 2,580.26 PRRRV-002239 Election Services Q4 2023 6,850.00 PUBW-020590 2023 Road Striping & Centerline Painting 6,548.96 SHRFL-002181 Law Enforcement -October 120,856.63 Total for Check Number 52166: 157,418.32 52167 0282 REPUBLIC SERVICES #899 10/13/2023 0899-004293043 Recycling Service -September 8,847.15 0899-004297420 PW Waste -September 301.82 Total for Check Number 52167: 9,148.97 52168 10282 SAFE STEP LLC 10/13/2023 4104 Evaluating, Reporting, & Repair sidewalk-Cumr 5,637.50 Total for Check Number 52168: 5,637.50 52169 AR-TELC TELCOM CONSTRUCTION INC. 10/13/2023 ROW 2022-01228 Escrow Refund: ROW 2022-01228, 3530 EidgeN 1,000.00 Total for Check Number 52169: 1,000.00 52170 3099 TRI STATE BOBCAT INC-LITTLE CANT 10/13/2023 S37066 Snow Blower Attachment 7,013.44 Total for Check Number 52170: 7,013.44 52171 AR-UNIV3 UNIVERSAL SERVICES INC 10/13/2023 ROW 2022-00940 Escrow Refund: ROW 2022-00940, 1987 Gatew 1,000.00 ROW 2023-00544 Escrow Refund: ROW 2023-00544, 1315 Wyncr 1,000.00 AP Checks by Date - Detail by Check Date (10/17/2023 1:31 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52171: 2,000.00 Total for 10/13/2023: 314,562.06 Report Total (42 checks): 314,562.06 AP Checks by Date - Detail by Check Date (10/17/2023 1:31 PM) Page 5 CONSENT ITEM — 8B ,-AI�EN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Resolution 2023-050 2024 Curbside & Non -Curbside Recycling Fees Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Resolution 2023-050 setting the 2024 Curbside and Non -Curbside Recycling Fees Background Republic Services provides curbside recycling collection. The recycling budget is an enterprise fund that receives revenues from the annual household fee that is applied to the property taxes and from the SCORE grant provided by Ramsey County. The majority of the expenses are for the collection services provided by Republic Services. Since there are no other dedicated funding sources, the revenue must be balanced with the expenses. Discussion The per unit fee charged by Republic Services for curbside collection is expected to increase in May 2024 based on changes in the Consumer Price Index (CPI) from the Federal Reserve for the Upper Midwest. However, this amount is capped at a maximum of three percent. Based on the anticipated cost of the collection services and the expected revenue from the SCORE grant funds and revenue share, the annual fee for residents receiving curbside collection is proposed to increase from $58.00 per to year to $60.00 per year. The increase is due to generally inflationary pressures, no other major cost drivers have been identified. Staff is proposing no increase in the annual fee for each housing unit that is not part of the curbside recycling program. The current fee is $3.50. This fee is applied to Cottage Villas, Hunters Park Condos, Parkshore Apartments, Arden Manor, E Street Flats, Arden Flats, Johanna Shores, New Perspectives and Round Lake Senior Living. Ramsey County requires recycling fees to be set by the end of November so they can add them to the upcoming year's property taxes. Page 1 of 2 Budget Impact This information will be included in the proposed 2024 budget. Attachments A. Resolution 2023-050 Page 2 of 2 "It -AI�)EN H1I,1,S CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-050 Attachment A RESOLUTION ESTABLISHING THE SERVICE FEE CHARGE FOR THE 2024 RESIDENTIAL CURBSIDE RECYCLING PROGRAM WHEREAS, the City of Arden Hills has an established curbside recycling program in place for Arden Hills residents; and WHEREAS, the City will continue the program into the year 2024; and WHEREAS, the City Council of Arden Hills has entered into a Joint Powers Agreement (JPA) with Ramsey County to assess residential property owners fees to support the recycling program; and WHEREAS, the City of Arden Hills wishes to continue this funding mechanism. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the funding rate for residential recycling for the year 2024 is hereby established at $60.00 per residential unit that is offered curbside recycling services, and $3.50 per residential unit that is not offered curbside recycling services. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 23rd DAY OF OCTOBER, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. , AZEN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Republic Recycling Contract Extension Budgeted Amount: Estimated Amount: N/A Council Should Consider N/A Motions to approve, table, or deny the following: CONSENT ITEM — 8C Funding Source: N/A • Authorizing the City Administrator, Mayor, and/or City Attorney to enter into a contract extension with Republic Services from May 3, 2024 to May 2, 2025. Background Republic Services has been the City's recycling hauler since 2015. The existing contract (Attachment A) is very favorable for the city and is set to expire in May. The City Council discussed this contract in 2020 and directed Staff to continue to bring the extensions forward for approval; the Council inquired if the City could approve a multi -year extension, but the contract is written so we can only approve it annually. This is the City's last opportunity to extend the contract. The existing terms and conditions of the contract will continue to apply with any extension. Budget Impact The proposed one (1) year extension will continue to utilize the fee structure as previously approved in the currently approved contract. Under the current contract, any rate increase shall not exceed 3 percent. Attachments Attachment A: Previously Approved Republic Services Contract Attachment B: Recycling Contract Extension Page 1 of 1 Attachment A CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS it �fi` I�EN HILLS CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Table of Contents 1. Term of Contract.....................................................................................................................2 2. Definitions...............................................................................................................................2 3. Scope of Work: General Provisions........................................................................................6 4. Operations................................................................................................................................ 8 5. Collection Services..................................................................................................................9 6. Collection Equipment............................................................................................................11 7. Employees.............................................................................................................................12 8. Indemnity.............................................................................................................................13 3 9. Insurance................................................................................................................................13 10. Payment and Performance Bonds/Letter of Credit................................................................14 11. Transferability of Contract....................................................................................................14 12. Reporting and Promotional/Educational Activities...............................................................15 13. Default and Termination........................................................................................................17 14. Payment for Base Collection Services..................................................................................18 15. Miscellaneous Provisions......................................................................................................21 Appendices Appendix A Map of Route Sectors by Collection Day Appendix B City Building(s) and Park(s) to be serviced by the Contractor CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page i CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS This Contract, is made and entered into this 23rd day of February, 2015, by and between the City of Arden Hills, a Municipal Corporation under the laws of the State of Minnesota (hereinafter called the "City") and Republic Services, Inc. a corporation under the laws of the State of Minnesota, having its principal place of business at 9813 Flying Cloud Drive, Eden Prairie, MN 55347 (hereinafter called the "Contractor"). WITNESSETH WHEREAS, the City requires the collection and proper management of recyclables within the corporation limits of the City; and WHEREAS, the Contractor is engaged in the business of collecting, processing, and marketing recyclables; and WHEREAS, the City released a request for proposals (RFP) for recyclables collection, processing, and marketing services on September 10, 2014; and WHEREAS, the Contractor (Republic Services) submitted a proposal in response to the City's RFP on October 17, 2014; and WHEREAS, the City desires to hire the services of the Contractor (Republic Services) and the Contractor (Republic Services) desires to provide the services to the City; and NOW, THEREFORE, IT IS AGREED BY AND BETWEEN BOTH PARTIES: That the Recycling Contact for Residential Recycling Services with Republic Services (Contractor) outlines the requested services by the City and costs for these said services for eligible Residential Dwelling Units (RDU) and Multi -Dwelling Units (MDU). CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 1 1. Term of Contract 1.1. This Contract shall commence on May 4, 2015, and shall remain in full force and effect through May 4, 2020, unless terminated in accordance with Section 13 of this Contract. 1.2. The City at its sole discretion may elect to extend the Contract for five (5), one (1) year increments or the City at its sole discretion may elect to extend the Contract for one (1), five (5) year extension. The terms and conditions of this Contract shall apply to any such Contract extension. Nothing in this Contract shall be interpreted to imply or infer that the City is committing to such extensions. 1.3. At least six months prior to the expiration of this Contract (or any extension period), the City shall notify the Contractor of its decision as to whether or not to exercise its extension option. The Contractor may request an early decision by the City for a contract extension by submitting a written request. 2. Definitions The following terms, whenever used in this Contract, shall have the meanings set forth in this Section unless otherwise limited or expanded elsewhere in this Contract. Aluminum Cans Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Aseptic Packaging Containers designed to maintain the sterility of a sterile (aseptic) product and Milk Cartons such as food. (e.g. gable -top milk cartons, juice boxes and aseptic packaging used for soup, broth, soy milk, etc. Base Collection The base level of recyclables collection services, which services are paid for Services by the City to the Contractor as specified in this Contract. Bulky Waste All large, bulky household materials which do not fit within a garbage cart, and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances, electronics and car parts including wheels, rims and tires. Carrier Stock Paperboard coated with resins to resist moisture and used for containers to carry products such as beer, water and soft drinks. Carts The wheeled, lidded carts in which recyclable materials can be stored and placed for curbside collection as approved by the City. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 2 City The City of Arden Hills, Minnesota. Clothes and Towels, sheets, blankets, curtains, tablecloths, rags, and clothes including: Linens belts, coats, hats, gloves, shoes and boots which are dry, clean and free of mold, mildew and excessive stains. Collection Route A geographic area within the City determined by the City that will be Sector serviced by one or more collection vehicles within one, specified day each week and which may be used to measure collection progress. Collection Vehicle Any vehicle licensed and inspected as required by State and County and approved by the City for recyclables collection within the corporate boundaries of the City. Collection Hours The time period during which collection of recyclables is authorized by the City. Commodity Any individual material, including specific industrial grades of material. Contract Price for The amount of money per Residential Dwelling Unit (RDU) or Multi- Recyclables Dwelling Unit (MDU) charged by the Contractor to the City per the terms Collection Service and conditions of this Contract for costs attributable to the base recyclables collection service, including transport of these recyclables to the City - designated recycling center. Contractor Republic Services, Inc. County Ramsey County, MN Curbside That portion of right-of-way adjacent to paved or traveled City roadways. "Curbside" as used in this Contract shall be interpreted to include alleys. Curbside The collection of recyclables in accordance with this Contract, City Collection ordinances, and City guidelines regulating the placement of the same. Detailed The Contractor -established and City -approved truck travel patterns on the Collection Route City residential streets (e.g., start points, stop points, truck direction) within Plans each daily route sector. Door -Step The collection of household waste and recyclable materials at a RDU at a Collection point close to the dwelling unit, in lieu of curbside collection, for producers or occupants who have a documented physical infirmity and when there is not a person living in the dwelling that is able to move wastes to the curb. (Also referred to as "walk-up" service.) Dwelling Unit See Residential Dwelling Unit (RDU). CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 3 Field Route Audits Semi-annual counts of all eligible residential dwelling units served through actual field surveys (such as dwelling unit counts by recycling route). Glass Jars And Glass jars, bottles, and containers (lids/caps and pumps removed) that are Bottles primarily used for packaging and bottling of food and beverages. Holidays Any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. HDPE Plastic bottles and non -bottle plastic containers made from high density polyethylene resin. Missed Collection The failure of the Contractor to provide collection service to an RDU subject to this Contract during collection hours on the scheduled day of collection. Multiple -Unit A building or a portion thereof containing five or more dwelling units. Dwellings (MDUs) Materials A facility in which recyclable materials are processed for marketing and Recovery Facility sale. The facility will conform to all applicable rules, regulations and laws (MRF) of the state, local or other jurisdictions. Paper Products Paper products include the following: newspapers including inserts (ONP); household office paper and mail; boxboard; carrier stock cardboard; old corrugated cardboard (OCC) including boxes for delivery and take out of pizzas; phone books; Kraft bags; and magazines/catalogs (OMG). Participation Rate Documentation of which specific households on a recycling route set out recyclable materials during one calendar month as a percentage of the overall number of eligible households. Plastic Food And Bottle and rigid plastic containers made of PET (plastic type #1), HDPE Beverage (plastic type #2), and PP (plastic type #5). Containers PET Plastic bottles and non -bottle plastic containers made from polyethylene terephthalate (e.g. soft drink, water, other bottles, deli clamshells, etc.). PP Containers made from polypropylene. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 4 Process Residuals The materials that cannot be recycled due to material characteristics such as size, shape, color, cross -material contamination, etc. which must be disposed as mixed municipal solid waste. Process residuals include (but are not limited to): bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens). Process residuals do not include materials that are normally processed and prepared for shipment to markets as commodities but which are of relatively low value because of depressed market demand conditions. Processing The sorting, volume reduction, baling, cleaning, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. Processing Fee Agreed upon unit fee allocated towards Contractor's cost of processing various types of recyclables. Producer Occupants of a RDU or MDU property who generate recyclable materials. Recyclable The current list of household recyclables established through guidelines Materials Or released under the authority of the City. The current list of recyclables, as Recyclables of the date of Contract Execution, includes: Newspaper and Newspaper Inserts; Magazines and Catalogs; Junk Mail and Envelopes; Cardboard; Office and School Paper; Phone Books; Cereal and Cracker -type boxes; Shoeboxes; Brown Paper Sacks/Bags; Aluminum, Steel and Tin Cans, Scrap Metal less than 3 feet in length; Glass Bottles and Jars, Plastic Bottles and Cups; Plastic Food Containers, Tubs, Bowls, Yogurt Cups and Margarine/Whip Cream Tubs; Plastic Milk Jugs and Paper Milk Cartons; Juice Boxes; and other Paper/Aseptic Cartons. Recyclables The collection of all recyclable materials properly set out by residents or Collection property managers from eligible RDUs or MDUs into specially identified recyclable carts. Collection shall also include transporting the recyclable materials to the City -designated recycling center where materials can be processed for the marketplace. Recyclables Carts Carts provided by the City for retaining recyclable materials for collection. Residential Any eligible, occupied single-family dwelling, duplex, triplex or fourplex Dwelling Unit within the City occupied by a person or group of persons. A RDU shall be (RDU) deemed occupied when water is being supplied thereto. Scheduled The day or days of the week (Monday through Friday) on which collection Collection Day by the Contractor is to occur, as specified in the Contract with the City, including Saturdays for weeks that include Holidays. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 5 Single -Stream (Also referred to as "single -sort recycling.") The recycling system whereby Recycling residents set out recyclables in one category without further sorting by residents and which materials are later processed at a central materials recovery facility, including sorting into their individual marketable commodities. Solid Waste Garbage, rubbish and other discarded solid materials (except animal waste used as a fertilizer), including solid waste materials resulting from industrial, commercial and agricultural operations, and from community activities. Solid waste does not include earthen fill, boulders, rock and other material normally handled in construction operations, solids or dissolved material in domestic sewage or other significant pollutants in waste resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants. For purposes of this Contract, solid waste does not include recyclables, yard waste, source separated organics, bulky items, appliances or electronic waste. (Also referred to as "mixed municipal solid waste") Source Separated Food waste, non -recyclable papers, house plants, and other household Organics (SSO) organics designated by the City that, once separated by residents, may be recovered for composting or other forms of organics recovery. SSO does not include yard waste for purposes of this Contract. Steel Cans Metal containers fabricated primarily of steel and/or tin used to contain food or beverages. 3. Scope of Work: General Provisions 3.1. The work under the Contract shall consist of all the items contained in the Contract, including all the supervision, materials, equipment, labor, customer service operations, and all other items and functions necessary to complete such work in accordance with the Contract. 3.2. The City's RFP (including all addenda) and Contractor's proposal (including responses to City questions) are incorporated by reference into this final Contract. If there is any discrepancy between this final Contract and the City's RFP or the Contractor's proposal, this final Contract shall take precedence. 3.3. Recycling services will be provided to all RDUs, with opportunities for MDU buildings to "opt -in" to the service. Recyclables collection will occur weekly on Tuesdays for properties south of I-694 and weekly on Wednesdays for properties north of I-694. Appendix A includes a map of route sectors by collection day. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 6 3.4. The Contractor will acquaint itself with all pertinent City Ordinances and other City guidelines and comply with said ordinances and guidelines. 3.5. The Contractor has made its own examination, investigation and research regarding the proper method of doing the work, and all conditions affecting the work to be done (including street layout, alley layout, overhead obstructions preventing automated lifting of carts, other geography, daily route sector boundaries, etc.) and the labor, equipment and materials needed thereon, and the quantity of work to be performed (including the Contractor's own field verification of RDU and MDU estimates provided by the City), and the Contractor agrees that it has satisfied itself by its own investigation and research regarding all of such conditions, and that this conclusion to enter into the proposed Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements, or interpretations made by any official officer or agent of the City which may prove to be in any respect erroneous. The Contractor so assumes the risk of all conditions foreseen and unforeseen and agrees to complete the work without additional compensations under whatever circumstances may develop other than as herein provided. 3.6. Household recyclables collection service from eligible RDUs shall be performed exclusively by the Contractor. 3.7. The Contractor shall be obligated to protect all public and private utilities whether occupying public or private property. If such utilities are damaged by reason of the Contractor's operations under this Contract, it shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 3.8. In performing any actions or services under this Contract, the Contractor shall comply with any and all federal and state statutes, rules and regulations and any and all City and County ordinances and regulations pertaining to or regulating the provision of such services or actions, including those now in effect or hereafter adopted. Any violation of such statutes, ordinances, rules or regulations by the Contractor shall entitle the City to take appropriate corrective action. Any material violation by the Contractor shall entitle the City to terminate this Contract upon twenty-one (21) days written notice of termination to the Contractor except as provided elsewhere herein. Prior to exercising the right of termination, the City shall notify the Contractor in writing and consult with the Contractor in an effort to resolve the dispute. The Contractor may have up to twenty-one (21) days to cure a violation prior to the City's exercise of its termination right, provided that such an opportunity to cure is not in conflict with the provisions of the subject law, ordinance, rule, or regulation. However, the opportunity to cure shall not apply to subsequent and repeated violations of the same law, ordinance, rule or regulation. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 7 Amendments to existing regulatory laws, ordinances, regulations and enactment of new laws, ordinances and regulations shall not serve as justification for the Contractor to terminate its obligations hereunder, unless such changes make the completion of this Contract impossible. 3.9. No person shall be illegally excluded from employment rights in, participation in, or be denied the benefits of the program which is the subject of this Contract on the basis of race, religion, color, creed, sex, age, disability, handicapped status, national origin or any other protected class defined under the Minnesota Department of Human Rights and/or federal law. The Contractor agrees to undertake all efforts at reasonable accommodations as may be required by state or federal law. 3.10. The Contractor shall obtain all required licenses and permits to perform the Contract and promptly pay all fees required or taxes assessed by the City or any other Governmental agency. 3.11. Contractor agrees that no member, officer, or employee of the City shall have any direct or indirect interest in this Contract or the proceeds thereof. Violation of this provision shall cause this Contract to be null and void and Contractor will forfeit any payments to be made under this Contract. 3.12. Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, fire, act of God, power failure, flood, disaster or other similar contingency beyond the reasonable control of the City or the Contractor. Labor disputes do not constitute situations beyond reasonable control. 3.13. The laws of the State of Minnesota shall be used to interpret this Contract. 4. Operations 4.1. Collection of recyclables shall not start before 7:00 a.m. or continue after 6:00 p.m. Exceptions to collection hours shall be effected only by prior permission of the City. The Contractor shall request permission from the City for any exception first via telephone and then in writing to the City Recycling Coordinator with an explanation as to the reason for the exception request. 4.2. When a holiday falls on the day that recycling should normally be collected, each subsequent collection day will be delayed one day. For Example — if July 4 is on Tuesday, regular collection services that week will be Wednesday and Thursday. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 8 4.3. The Contractor's employees shall handle the carts with reasonable precautions to prevent spilling or scattering of recyclable materials. The Contractor shall replace all carts in an upright position and shall immediately clean up and dispose of any contents thereof which may be spilled, regardless of whether the spill occurred on public or private property. 4.4. If the Contractor fails to clean up any scattered or spilled material or leaked material or fluids from recycling trucks within three hours after oral or written notice (email is acceptable) from the City, the City may cause such work to be done and deduct the reasonable cost thereof from any payments due and owing the Contractor, in addition to any other remedies provided herein. 5. Collection Services 5.1. The recyclables collection service shall be provided every week from a 35-gallon, 64- gallon, 95-gallon or similar sized wheeled recycling cart(s). 5.2. Collection shall occur in the same location (i.e., at "curbside") and similar manner as household solid waste collection. 5.3. Recyclables "door -step" collection may occur for eligible residents who apply for and receive City approval. Eligible residents may be disabled or handicapped. There will not be an additional charge to residents who are entitled to "door -step" collection. 5.4. All occupants of RDUs in the City that set out recyclables for municipal collection shall be required to place their household recyclables in the City -supplied cart(s). 5.5. The current list of household recyclables is established under the authority of the City's Recycling Coordinator. The current list of recyclables as of the date of Contract execution are listed under the definition of "Recyclable Materials" in Section 2. This list may be amended by mutual agreement between the City and the Contractor. 5.6. All recyclable materials placed for collection by residents or management from eligible RDUs or MDUs shall remain the responsibility and ownership of the residents or property owner until picked up by the Contractor. The City requires that all collected recyclables must be delivered to the Contractor's MRF in a manner acceptable to Ramsey County. 5.7. Residential recyclables collected from the City under this Contract will be kept separate from other materials until delivery to the MRF. Residential recyclables generated in Arden Hills shall be weighed on Certified Truck Scales and the weights CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 9 reported to the City. The Contractor shall retain truck scale weight tickets for City inspection upon request for a period of at least three years. 5.8. The Contractor shall not landfill, incinerate or otherwise dispose of recyclable materials collected for recycling under this Contract without the specific, prior written approval of the City. 5.9. When requested by the City, the Contractor shall submit a plan for how the City may be able to add SSO to its residential curbside collection. This plan shall have specifics on added costs and collection methods/operations. The City shall have sole discretion to accept the SSO plan and/or to initiate negotiations with the Contractor to modify the plan, or reject the plan. 5.10. Cart Ownership and Management 5.10.1. The City shall own the recycling carts. 5.10.2. The Contractor shall be responsible and pay for all aspects of cart management and operations including (but not limited to), receiving, assembly, distribution (aka new cart "roll out"), management of excess cart inventory, (i.e., provide "warehouse" and inventory control services), cart switches/replacements, cart maintenance, repair or replace damaged carts, and manage all aspects of warranty repairs. Contractor shall deliver 64 gallon carts to all RDUs and exchange with other sizes as requested within one week of a valid request. 5.10.3. The Contractor shall serve as the City's agent for purposes of implementing cart warranty service and replacements. The Contractor will make its best efforts to help assure eligible cart warranty repairs and replacements are paid for by the cart manufacturer and not the City. 5.10.4. The Contractor's cart distribution services shall include both the initial cart rollout and ongoing cart replacements (i.e. new customers, service changes, replacement of damaged containers, etc.) during the term of the Contract. 5.10.5. Damaged carts and old recycling bins that are not reusable must be recycled. All costs incurred in recycling old curbside bins and new carts damaged beyond repair shall be the responsibility of the Contractor at no additional cost to the City. Residents may be allowed to keep their City - provided recycling bin for other uses. 5.11. Recyclable and Solid Waste collections from City Buildings and Parks 5.11.1. The Contractor shall provide recycling and solid waste collection services at the City owned and operated buildings and parks as listed in Appendix B. 5.11.2. Collection services shall be extended to all new City owned buildings and parks created during the term of the contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 10 5.11.3. The Contractor shall provide the recycling and solid waste services at no additional cost to the City. The cost of these collections from City buildings and parks shall be factored into the Contractor's base contract price for residential collections. 5.11.4. The Contractor shall provide containers necessary for said services including, but not limited to dumpsters. 5.12. Customer Service 5.12.1. The Contractor shall maintain throughout the duration of the Contract a designated single contact who is located in Minnesota and who has sufficient authority to resolve issues when officially notified by City staff. 5.12.2. The Contractor shall provide responsive, friendly customer service at all times including interactions with residents by drivers/crews on the collection route, on the phone, emails, web sites, and other forms of communication. 5.12.3. In the case of alleged missed collections, the Contractor shall investigate, and, if such allegations are verified, the Contractor shall then arrange for the collection of the recyclable materials no later than 6 p.m. the following business day. 5.12.4. The Contractor shall establish and maintain an office or call service with continuous supervision to accept complaints and customer calls. The office shall be in service during the hours of 8:00 a.m. until 5:00 p.m. Central Standard Time on all days except Saturday, Sunday and legal holidays. The call service shall be available from 8:00 a.m. to 12:00 (noon) on Saturdays. The address and toll free telephone number of such office shall be posted on the City's web site. 6. Collection Equipment 6.1. When collecting recyclables under this Contract the Contractor shall use separate collection vehicles for recyclables. 6.2. It shall be the Contractor's sole responsibility to comply with all road weight restrictions. The Contractor shall immediately inform the City of any notices of exceeding such restrictions. The City retains the right to inspect and/or weigh the Contractor's trucks at any time. 6.3. All vehicles shall be kept in a clean and sanitary condition; and all collection vehicles shall be cleaned with pressurized hot water at least once a month. It may be necessary to wash these vehicles more often to improve the appearance of the vehicle, eliminate or control insect infestation, and to control odor, if so directed by the City. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 11 6.4. The vehicle bodies shall be painted and numbered, and shall have the Contractor's name and telephone number painted in letters of a contrasting color, at least four (4) inches high or easily readable under normal conditions. 6.5. The trucks shall be maintained in good working order. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on City streets and alleys and maintained to meet these standards. 6.6. All vehicles shall be equipped with the safety equipment as required by any local, state or federal laws. 7. Employees 7. l . All employees shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. 7.2. The employees shall not use loud or profane language, shall be courteous at all times (arguing will not be tolerated) and shall perform their work as quietly and quickly as possible. 7.3. The employees (and vehicles) shall not drive over private property unless requested by property owners. 7.4. The City or its authorized agent may inspect the work performed for compliance with the Contract. The Contractor shall furnish all reasonable assistance required by the City or its representative for the proper inspection of the Contractor's premises, facilities, equipment and the MRF to which the City's recyclables are taken. 7.5. The Contractor shall maintain, separate from all other records and accounts, complete records and an accurate ledger of accounts of all revenues and expenses relating to the collection of the City's recyclables. Such records and accounts shall, at all reasonable times, be open to inspection by the City and its agents. With reasonable notice, the City shall have the right to audit any portion of the Contractor's records relating to services provided under this Contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 12 8. Indemnity 8.1. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the performance of this Contract by the Contractor, whether or not it shall be claimed that the injury was caused through an negligent act or omission of the Contractor, its employees, it subcontractors or their agents or in connection with any claim based on lawful demands of subcontractors, workers, or suppliers; and whether or not the persons injured on whose property was damaged were third parties, employees of the Contractor or employees of an authorized subcontractor; and the Contractor shall, at its own expense, defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees. 8.2. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this Contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from compensation due the Contractor, which will be sufficient in the opinion of the City's Attorney, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities are fully discharged or satisfactorily secured. 9. Insurance 9.1. The Contractor shall provide and maintain in full force and effect during the entire term of this Contract, regular Contractor's Public Liability Insurance, with the City as an additional insured, providing for a limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, and regular Contractor's auto, property damage liability insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out destruction of property in any one accident, and subject to that limit per accident. The Contractor shall also provide workers' compensation insurance and employers' liability insurance as required by law. Policies or coverage required shall be updated as necessary to meet at least the amounts specified in Minn. Stat. § 466.04 for each year of the Contract. Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non -sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 aggregate, and shall continue for a two year period following termination of this Agreement. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 13 Such policies shall provide for ten (10) days' notice to the City of any change, cancellation, or lapse of such policy. The Certificates of Insurance shall name the City as an additional insured, and state that the Contractor's coverage shall be the primary coverage in the event of a loss. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. The Contractor shall further guarantee and save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of any of the foregoing claims except such as are caused by the existence of the disposal sites at the locations specified or contemplated in the Contract; and that it shall immediately appear and defend the same as its own cost and expense. Prior to the effective date of this Contract, the Contractor shall file a copy of such policies with the Recycling Coordinator. 10. Payment and Performance Bonds/Letter of Credit 10.1. Before the Contract shall be valid or binding against the City, the Contractor shall provide both a Payment Bond and a Performance Bond to the City of Arden Hills for the use of said City, and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or materials in the execution of such Contract, which bonds shall be signed by the Contractor and shall be in the amount of fifty (50) percent of the yearly Contract amount. The Bonds shall at all times be kept in full force and effect. The Bonds or Letters of Credit shall be approved by the City Attorney and filed with the City Clerk or designee. 10.2. The conditions of the Bonds or Letters of Credit shall be that the Contractor shall fully and faithfully perform all conditions of the Contract and these specifications; shall pay anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such Contract; and such Bonds or Letters of Credit shall provide the full amount thereof and shall be forfeited upon the Contractor's failure to comply therewith. 11. Transferability of Contract 11.1. Other than by operation of law, no transfer or assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the event of an assignment, the Contractor shall act as a guarantor of the assignee's satisfactory performance of all Contractual obligations. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 14 12. Reporting and Promotional/Educational Activities 12.1. Monthly and Annual Materials Reports. Monthly reports and annual reports regarding the City's recycling program will be submitted to the City. At a minimum, the monthly reports should include the following information: 12.1.1. Total number of stops collected, total number of possible stops (set out numbers). 12.1.2. Gross amounts of materials collected, by recyclable material (in tons). 12.1.3. Net amounts of materials marketed, by recyclable material (in tons). 12.1.4. Amounts of materials stored, by recyclable material (in tons), with any notes as to unusual conditions. 12.1.5. The markets used for the sales of each of the recyclable commodities during that month. 12.1.6. The amounts of process residuals disposed (in tons) and the location(s) of disposal facility. 12.1.7. Revenue share credits back to the City, with the calculations by which those credits were determined. 12.1.8. Customer information collected on routes: 12.1.8.1. The locations of damaged and replaced carts. 12.1.8.2. Addresses that do not participate in the recycling program. Monthly reports shall be due to the City by the 15th day of each month subsequent to the month of the report. The first monthly report in 2015 shall be due on June 15, 2015. Annual reports shall be due by January 15 and shall be a compendium of the previous monthly reports with an annual summary of trends. The annual report will include recommendations for continuous improvement in the City's recycling program (e.g., public education, multi -unit recycling, etc.). 12.2. Customer Relations Report. The City will be provided with 12.2.1. A quarterly list of all customer complaints, including a description of how each complaint was resolved. 12.2.2. The number, address and results of the Annual Cart Checks. Annual Cart Checks are completed by looking inside the cart of 100 residential properties to check for contaminants. 12.2.3. A quarterly list of all missed pickups reported to the Contractor. Quarterly reports shall be due the 15th of the months of February, April, July and October, with the 2015 quarterly reports beginning in July. Annual reports shall be due by January 15th of each year. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 15 12.3. Annual Performance Review. Meeting to Discuss Recommendations for Continuous Improvement. The City shall schedule an annual meeting to include (but not be limited to): 12.3.1. Review annual report, including trends in recovery rate and participation. 12.3.2. Review efforts made to expand recyclable markets. 12.3.3. Review performance based on feedback from residents. 12.3.4. Review recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities. 12.4. Promotional/Educational Activities 12.4.1. The Contractor and the City shall work together in the preparation and distribution of educational materials to insure accurate information and program directions. The Contractor shall pay for the annual design, printing and mailing of a curbside program flyer with an additional 200 fliers to be placed at City Hall. The flyer shall be approved by the City in writing prior to printing or distribution. The flyer shall be delivered to homes no later than January 31 of each year. 12.4.2. The publicity and promotion program may include articles for City newsletters, public appearances, provision of information for local environmental groups, or attendance at public events sponsored by the City. The Contractor shall at a minimum provide one (1) newsletter article per year. The Contractor is encouraged to develop new public education and outreach materials each year. 12.4.3. The Contractor will work with the City to prepare guidelines for residents of eligible RDUs and MDUs with recycling instructions. 12.4.4. Each year by January 31 st, the Contractor shall send a mailing to each residential property that is served by the Contractor with a specific list of instructions for sorting recyclable materials and setting out recycling carts. 12.4.5. The yearly mailing will include instructions for residents of eligible RDUs to have their recyclables carts set out to curbside by 7:00 a.m. on their designated recycling collection day. 12.4.6. The Contractor shall conduct its own promotions and public education to increase participation. The Contractor shall submit a draft of any public education literature for approval by the City at least one month before printing and release of any such literature. 12.4.7. The annual work plan shall include initiatives to improve the City's recycling program. These initiatives may include (but are not limited to) expansion of materials collected, voluntary expansion to businesses, effective education of residents with measurement, community involvement, outreach to low participating communities, and outreach using electronic communications including e-mail reminders and apps. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 16 13. Default and Termination 13.1. If the work to be done under this Contract is abandoned by the Contractor; or if this Contract is assigned by it without the written consent of the City Council; or if the Contractor is adjudged bankrupt; or if a general assignment of assets is made for the benefit of the Contractor's creditors; or if a receiver is appointed for the Contractor of any of its property; or if, at any time, the City determines that the performance of the work under this Contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this Contract, or that it is executing the same in bad faith or otherwise not in accordance with the terms of this Contract, then the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. 13.2. Unless within twenty-one (21) days after the servicing of such notice, a satisfactory arrangement is made for continuance, this Contract shall terminate and the Contractor and its surety shall be liable to the City for all costs. 13.3. The City May Withhold Payments or Performance Bond. In the event of Contractor's default under the terms of this Contract, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to damages suffered and expenses incurred by the City by reason of such default, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had such Contractor continued to perform the Contract. 13.4. Liquidated Damages 13.4.1. The imposition of liquidated damages is not a penalty, but recognition of the difficulty of ascertaining the damages resulting from certain types of performance breaches. The assessment of liquidated damages shall be at the reasonable discretion of the City and shall be in lieu of other remedies, if imposed. 13.4.2. The City may deduct the full amount of any liquidated damages from any payment due to the Contractor, but any liquidated damages not so deducted shall remain the obligation of the Contractor and be payable to the City on demand. 13.4.3. The City may assess liquidated damages in lieu of other remedies available to the City for breach of the Contract or violation of the City's ordinances. Failure to impose liquidated damages for lack of performance shall not constitute a waiver of the City's other rights and/or CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 17 remedies under either the Contractor or the City's ordinances or any subsequent failure of performance. 13.4.4. The Contractor shall be liable to the City for liquidated damages, in the amount of $75.00 for the first incident, $100.00 for the second incident and $200.00 per incident thereafter; upon determination by the City that performance has not occurred consistent with the following provisions of the Contract: 13.4.4.1. Failure to pick up missed collections by 6:00 p.m. on the day following scheduled collection day. 13.4.4.2. Failure to complete City-wide or route -wide collection by 6:00 p.m. on the scheduled collection day, unless prior approval is received by the City. 13.4.4.3. Failure to adequately address legitimate complaints, whether submitted by residents or the City. 13.4.4.4. Failure promptly to clean up any spills or leaks caused by the Contractor. 13.4.4.5. Failure to clean up scattered or spilled material spilled by the Contractor within three hours of written or oral notice from the City. 13.4.4.6. Disposal of recyclables by the Contractor in a landfill, resource recovery facility or other disposal facility without receiving prior written City permission. 13.4.4.7. Failure to adhere to other collection restrictions and requirements set forth in the Contract. If the Contractor has violated or failed to follow collection restrictions or requirements in general, the City may treat each violation or failure as a separate incident for the purpose of calculating liquidated damages. 13.4.4.8. Failure to request and obtain permission from the City for collecting on the residential routes earlier than 7 a.m. or later than 6 p.m. 14. Payment for Base Collection Services 14.1. The City shall be responsible for invoicing and collecting the utility rate fees from all eligible RDUs and MDUs receiving collection services. 14.2. The City may give the Contractor oral notice of discontinuation of service to RDUs or MDUs, promptly followed by written confirmation of the order. Upon reinstatement of service at the RDU or MDU by the City, the Contractor shall resume collections on the next scheduled collection day. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 18 14.3. The Contractor shall bill the City for any collection services rendered to mutually agreed -upon, eligible RDUs and MDUs according to the collection service Contract prices set forth in this Contract. The Contractor shall invoice the City on a monthly basis within ten (10) days following the end of each month in a format to be specified by the City. The Contractor shall itemize applicable charges by county, state or federal agencies. 14.4. The City shall pay the Contractor within 35 days after receiving and approving the invoice from the Contractor. The City's payment to the Contractor shall be based on the approved invoice and the collection service Contract prices set forth in this Contract. The Contractor shall be entitled to payment for services rendered provided an approved invoice is submitted to the City pursuant to the terms of this Contract regardless of whether or not the City collects the utility rate fee from the specific RDU or MDU for such services. However, the Contractor shall not be entitled to receive payment for dwelling units for which the Contractor has received notice from the City of discontinuance of service. The City shall be entitled to offsets in its payments to Contractor amounts for Contractor errors or omissions as specified in the Liquidated Damages Section 13. 14.5. The City will compensate the Contractor through the base Contract prices set for recyclable collection services for RDUs. Commencing May 4, 2015, the base Contract prices will be: Recyclables Collection shall be $3.03 per eligible RDU per month for weekly recycling service. Eligible RDUs with more than one (1) cart will be charged an additional fee of $2.00 per household per month per cart. 14.6. City will compensate the Contractor through the base Contract prices set for recyclable collection services for MDUs. Commencing May 4, 2015, the base Contract prices will be: Recyclables Collection shall be $55.00 per eligible MDU per month for each four yard container serviced once per week or $4.25 per eligible MDU per month for each 65 gallon cart serviced once per week. 14.7. The City shall provide a count of eligible RDUs and MDUs by January 1 of each year. These annual counts may include additional RDUs and MDUs added due to new development, redevelopment or other such changes. 14.8. The Contract price will be multiplied by the total number of RDUs and MDUs as determined by the City to result in the monthly payment amount to Contractor. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 19 14.9. Annual Contract Price Increase The City agrees that the price per residential dwelling unit will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect on May 4 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10. Processing Fees and Revenue Share 14.10.1. The processing fee for all recyclable material commodities shall be $66.00 per ton. The city agrees that the processing rate will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect May 4 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10.2. The Revenue Share on all commodities shall be split between the City and the Contractor at a rate of 80% (City) and 20% (Contractor). 14.10.3. The revenue will be calculated by multiplying the tons of individual materials collected, times the agreed upon material price. Total revenue shall be calculated by adding all of the revenue generated for each of the materials collected and processed. Contractor shall guarantee a minimum price on all materials of $0.00 per ton. If a particular material price is negative, a price of $0.00 per ton shall be used. 14.10.4. Processing fee will be calculated by multiplying the tons of individual materials collected by the agreed upon processing fee as described in Section 14.10.1. Total Processing Fees will be calculated by adding all of the processing fees generated for each of the materials collected and processed. 14.10.5. Revenue share received by the City will be calculated by subtracting the Total Processing Fee from the Total Revenues. If the remainder is positive, that number represents the revenue that shall be split between the City and the Contractor 80% (City) and 20% (Contractor). 14.11. Annual Residual Waste Evaluations. A load evaluation shall be made in the presence of both parties on a date mutually agreed upon to validate or re-establish the residual percentages used in the payback matrix. The annually validated and agreed upon percentage will be used until the next annual review. The City of Arden Hills and Republic Services agree that the commodity percentages listed on the Revenue Share Matrix are a reasonably accurate approximation of the percentages of each commodity of Recyclable Materials. The Revenue Share Matrix will be updated monthly by the actual percentages of residential single stream material shipped by Republic that month and the agreed upon residual percentages. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 20 14.12. Change in Law Provision. The City and Republic Services agree that any change in law that materially affects the performance or pricing of the agreement will be reviewed within 30 days of such law taking affect. Both the City and Republic Services agree that following the review the parties will negotiate in good faith to return this agreement to substantially similar terms, conditions, or pricing that were present prior to change in law. 15. Miscellaneous Provisions 15.1. In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any of the remaining provisions or portions of the Contract. 15.2. Any notice or demand required herein shall be in writing and shall be effectively made if delivered to either party in person or, if mailed, sent by certified mail as follows: To the City of Arden Hills at 1245 West Highway 96, Arden Hills, MN 55112; and to the Contractor at 9813 Flying Cloud Drive, Eden Prairie, MN 55347; or to such other address as either party may furnish the other in writing. Any change must be agreed upon by both parties in writing. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 21 IN NVITNESS NV IF.ItF,O , the hartics hcrctci ha%T causal this instrument tO be dLII%' executed Of it one ( I ) year extension oil this 12 "' clay cal' November 2019. CITY OF AIZUF.N IIILLti, MN: DAVID GRANT. N AYOR DAVE I'I•:RRAULT. CITY ADMINISTRATOR 13), .101:1..1AMNIK. CITY XF1'ORN1::Y Itl.l'l 131.1(' ti1;ItN'IC'h,S INC.: Appendix A Map of Route Sectors by Collection Day (Tuesdays for properties south of 1-694 and on Wednesdays for properties north of 1-694) Base Map E�N HILLS ........ y_.w—.. 0 MD 100 t05014M Fed �e.9i ry tea. mi��nmarn = CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 23 Appendix B City Facilities to be serviced by the Contractor. *City Hall and 14 City Parks (Park Recyclables may be collected from a central location as determined by the Public Works Department) e 1 9 1 1ZF 1yF a ! sg • J 8 � 3 p° ■ a • 1 J. City of Arden Hills Parks and Trails System N �°'�'" sm imo ism aom cen •ugul3s.3oi0 — •\•R�dfi•u ..arain5.xsrv.mm�°ra CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 24 Attachment B IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed of a one (1) year extension on this 23rd day of October, 2023. CITY OF ARDEN HILLS, MN: IM DAVID GRANT, MAYOR Ign DAVE PERRAULT, CITY ADMINISTRATOR APPROVED AS TO FORM: :• JOEL JAMNIK, CITY ATTORNEY REPUBLIC SERVICES, INC.: IM ITS ,-iIZEN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Hiring of Accounting Clerk Budgeted Amount: Actual Amount: N/A Council Should Consider N/A Motions to approve, table, or deny the following: CONSENT ITEM —81) Funding Source: N/A • Hiring of Amy LaMere to the Accounting Clerk position at Grade 9 Step 7 on the salary scale and 38 months on the PTO scale (7 hours per pay period). Discussion Following the resignation of the Accounting Clerk, the City Council authorized the recruitment for a new Accounting Clerk. Staff reviewed current duties and recommended combing one of the front desk job share positions with the Accounting Clerk role. Personnel Committee was supportive of this recommendation. Council would make this official at this meeting. Budget Impact This will positively impact the 2023 budget as it is a salary savings by combining the roles and not hiring another full-time position, however, being so late in the year it will not be significant. In a full year, it would be approximately $36,000 to the benefit of the City. Attachment N/A Page 1 of 1 CONSENT ITEM — 8E ,-iIZEN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Temporary Out of Class Pay - Accounting Analyst Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Temporary Out of Class Pay for the Accounting Analyst Discussion With the Finance Director position being vacant and the Accounting Clerk position being restructured, Staff is recommending a temporary 10% additional Out of Class Pay for the Accounting Analyst until a Finance Director is hired or is deemed unnecessary by the City Council, whichever comes sooner. This is due to the additional duties being done by the Accounting Analyst regarding the Finance Director vacancy and training in the new Accounting Clerk role. Budget Impact This will be more than offset by the salary savings of having a vacant Finance Director. Attachment N/A Page 1 of 1 CONSENT ITEM — 8F ,-ARZEN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Hazelnut Parking Lot - Geophysical Subsurface Investigation Budgeted Amount: Actual Amount: Funding Source: $300,000 $TBD PIR - Parks Fund Council Should Consider Motions to approve, table, or deny the following: • Proposed geophysical subsurface investigation services with Olson Engineering at Hazelnut Park Parking Lot in the amount of $12,852. Background/Discussion The City of Arden Hills utilizes the parking lot at 3245 New Brighton Rd via Joint Use Agreement with the Church dated August 8, 2011. The current condition of the parking lot is beyond its useful life and is in need of pavement rehabilitation. The City has had ongoing conversations with the Church representatives over the past several years in attempt to plan for the project. When planning for pavement projects it is necessary to order geotechnical services to assist in estimated construction costs. The City had ordered soil borings in 2019 at 2 locations at the parking lot to examine the existing pavement section and determine the recommended pavement section to be constructed. Recently, City staff had learned of the possibility of "ground rubber tire fill" layer used during the last reconstruction of the parking lot. This layer was not identified through the soil borings. The City and the Church decided it was important to investigate the possible tire layer further before moving forward with the project. City staff has reached out to Olson Engineering, a firm that has specialized equipment that identifies subsurface material properties via ground penetrating radar. The geophysical subsurface investigation will provide valuable information necessary in determining the actual Page 1 of 2 work required to construct a long-term reliable pavement surface. Olson Engineering has provided a proposal in Attachment A. Staff has visited with the consultant on site and reviewed the proposal. City staff recommends Council approve the quote to investigate the subsurface for the rubber tire layer. Budget Imbact The City's CIP has $300,000 budgeted for the total cost of the Hazelnut Parking Lot project, it is assumed the Church will cover a portion of those costs but that portion is yet to be determined. The additional geophysical subsurface investigation was not included in City Staff s estimation for this project. Staff does not recommend adjusting the budgeted amount at this time but to wait until the findings from the proposed work are available. Attachments Attachment A: Olson Engineering proposal and quote Page 2 of 2 Attachment A GEOPHYSICS AND NDE FOR INFRASTRUCTURE ASSESSMENT — BEYOND VISUAL - October 6th, 2023 Arden Hills Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Attn: David Swearingen, P.E. Phone: 651-788-0269 Email: DSwearingen@cityofardenhills.org RE: Proposed Geophysical Subsurface Investigation Ground Penetrating Radar (GPR) Surveys at Hazelnut Park Mapping of Ground Tire Fill in Parking Lot Subgrade 3245 New Brighton Rd, Arden Hills MN 55112 Olson Proposal No. P2023149. I GP Mr. Swearingen: I24014i. 4qe, 00 Avenue wne�i aid��.ca �ao33 W 1SOrI Rhone:303.423.1217 E"ERING fax; 303.423.6011 Olson Engineering is pleased to submit this proposal for GPR surveys across an approximately 250'x250' parking lot at Hazelnut Park in Arden Hills, Minnesota to attempt to locate an area of tire fill beneath the pavement. This proposal outlines our understanding of the project scope, our proposed investigation and our proposed lump sum costs. PROJECT BACKGROUND Olson understands that the Public Works Department of the City of Arden Hills is interested in geophysical mapping of subsurface conditions below the asphalt pavement of a parking lot at Hazelnut Park in Arden Hills, Minnesota. We understand that a pavement section of the existing parking lot (see Figure 1) requires pavement rehabilitation. The objective of the investigation is to determine where a ground rubber tire fill layer exists and where it is present within the aforementioned pavement section in plan view, and if possible, the thickness of the layer which is anticipated to be on the order of 2 to 3 ft. Olson proposes to perform the survey in a grid across the parking lot utilizing a PinPointR GPR unit seen in Figure 2. Grid spacing will depend on obstructions in the parking lot, acquisition rates and other factors determined in the field. Olson plans to take approximately 25 scans in each longitudinal direction (—N to S and —E to W) across the parking lot to delineate the presence of the ground rubber tire layer. As time allows, Olson will tighten the grid and obtain more lines throughout the survey area. Occasionally during data acquisition, the layer of interest can be seen without processing in the office. If the layer is seen in the raw data, the field engineer/geophysicist will take more lines in order to accurately determine the lateral extent of the tire layer. If possible, the thickness of the layer will also be determined, but this depends on the dielectric contrast between the near -surface soils (likely somewhat conductive) over any tire fill (insulating — nonconductive) and the deeper underlying soils below any tire fill. www.OlsonEngineering.com Rockville MD Wheat Ridge CO - - Figure 1: Aerial photograph of the site location from Google Maps showing the parking lot outlined in red at 3245 New Brighton Rd in Arden Hills GEOPHYSICAL INVESTIGATION Ground penetrating radar (GPR) is a geophysical method where electromagnetic waves are propagated away from an antenna, into the ground, and at each change in electromagnetic properties some energy is transmitted while some is reflected. The reflected energy is received by another antenna. The data is therefore amplitude versus two-way travel time (TWTT). GPR has the advantage of being the only shallow geophysical technique that can easily detect non-metallic targets, but it has the disadvantage of being very site dependent in its performance. The ability to detect targets depends on the contrast in electrical permittivity while the depth of penetration is dependent on the electrical conductivity of the soil. If the soil is very conductive then the GPR may have very limited penetration depth and data may not be useful for interpretation as to the location in plan view of tire fill. Olson plans to utilize an ImpulseRadar PinpointR system with dual frequency 400 and 800 MegaHertz (MHz) antennas. All ImpulseRadar GPR systems have real time sampling (RTS) capability, which is a significant improvement over the older and more common equivalent -time - sampling (ETS) approach to data digitization. An ETS system digitizes a single point on each GPR Olson Proposal No. P2023149.1 GP Page 2 trace for each transmission pulse, so a single trace or scan composed of 512 samples requires 512 transmit pulses. An RTS system digitizes the entire scan at one time, requiring only a single transmit pulse for each scan or trace. This significantly improves the signal to noise ratio in the data allowing deeper resolution and also allows for increase in data collection speed. For this application an ImpulseRadar PinPointR is the best option for depth and resolution, which operates at both 400 and 800 MHz simultaneously and is shown in Figure 2 from a previous survey. An analog 400 MHz antenna has a depth of penetration of up to 12 feet, while the 400 MHz real time sampling antenna can penetrate between 0 to 20+ feet, depending on site conditions (penetration is deepest in dry, sandy soils with low conductivity but is severely limited in moist, clay soils with high conductivity). All GPR penetration depths are highly site dependent due to the attenuation at the site which is a function of clay content, soil type, and moisture content. The positioning will utilize a GNSS receiver capable of approximately 1 ft accuracy as that is typically standard for pavement surveys. The GPR data will be post -processed with an appropriate GPR analysis program designed for large surveys employing GPS positioning. The primary deliverable for this project will be a map showing the extents of potential underlying ground rubber tire layer as well as profiles of the asphalt pavement thickness and ground rubber tire layer thickness where applicable. The geophysical data will be briefly analyzed during field testing to ensure data quality. The data will be fully analyzed at our office and a report prepared with the final detailed results. The final results will include Google Earth KMZ maps of the site that show the start and end location of each profile. Each road segment will be presented as a standard GPR profile with the distance along the profile noted along the x-axis as well as the GPS coordinates at regular intervals. We will pick the base of the asphalt in the profiles and provide data files with coordinates and thicknesses that will also be shown graphically as colored dots indicating the thickness of the asphalt. If requested, Olson can also provide GPS positioned heat maps of the asphalt thickness and ground tire fill presence overlain on available public imagery (e.g. Google Earth). Figure 2: Picture of Impulse Radar PinPointR GPR instrument with an EMLID Reach RS2 RTK GNSS receiver mounted on a pole from a previous survey Olson Proposal No. P2023149.1 GP Page 3 PROJECT MANAGEMENT AND WORK SCHEDULE Olson Engineering personnel are available to schedule this investigation in fall 2023. Our earliest availability is approximately mid -October. We estimate this investigation will be completed in 1 - 10 hour field day and it must be conducted when the pavement surface is dry as wet pavement conditions limit the depth of GPR electromagnetic wave energy penetration. Based on the length of the profiles we will need —1.5 weeks after the field work is completed to complete processing and submit a draft report. The project would be performed by an Olson Engineering professional who is experienced in GPR data collection and analysis and the report reviewed by Larry D. Olson, Chief Engineer who is a registered PE in Minnesota FIELD SUPPORT REQUIREMENTS We understand that the city of Arden Hills will provide access to the area to be tested and traffic control, if required. We request the test area be free of obstructions and/or cars as much possible in order to provide a consistent testing grid. We will be responsible for all geophysical equipment needed at the site. GEOPHYSICAL INVESTIGATION COSTS The project will be conducted on a lump sum cost basis for $12,852.00 as detailed below. An invoice will be submitted upon presentation of our draft report and is due on a net 30 days basis. Note our contract and payment terms below including a 5% discount on invoices paid in net 15 days. 91r_ 9r - - Proposed Budget City of Arden Hills 10/6/2023 OE Proposal Number: P2023149.1 GP New Brighton Project Management $125.00 Olson Proposal No. P2023149.1 GP Page 4 CONTRACT AND PAYMENT TERMS Background Information Provision The contractual client for this proposed project agrees to provide all potentially useful and applicable project background information to Olson Engineering, Inc. (OLSON) that relates to our proposed technical work scope (e.g., project design drawings, as -built information, materials test results, previous engineering investigation reports, history of construction, damage, repairs, etc.). Olson Engineering, Inc. requires this information to effectively plan, execute fieldwork, analyze data and report our investigation findings, conclusions and recommendations. The client further agrees to provide any pertinent information that is developed after submittal of our project report to OLSON in order that we may revise and update our report findings, conclusions and recommendations as appropriate based on the newly provided information. The client for this project agrees that we will not be held technically or financially liable should pertinent project information be subsequently developed and provided to us that adversely impacts our investigation report findings, conclusions and recommendations. Tax Pass -through Provision Charges for city, state, or other local taxes which are assessed on us for performing this investigation at this location will be billed at cost (if applicable) in addition to the invoiced project costs. Payment Terms and Prompt Payment Discount Provisions Invoices will be submitted on a per trip basis upon completion and submittal of the project report (draft or final report). For projects of longer than 1 month in duration, progress payment invoices will be prepared and billed monthly on a percentage completion basis based on the contractual scope of work. Standard Payment terms are net 30 days from the date of invoice with a service charge of 1% per month on unpaid balance after 90 days from the date of invoice. Prompt payment discount terms are offered as follows on each project invoice. - 5% DISCOUNT on the total investigation costs will be applied IF payment is received within 15 days from the date of invoice. Under no circumstances are we to receive full payment later than 90 days from the date of an invoice unless otherwise agreed to. Any payments not made within 90 days will be subject to collection procedures. We maintain general business, auto, and professional liability insurance as well as workman's compensation and will provide certificates upon request. Conduct and Authorization of Work The investigation will be performed in accordance with our attached general work conditions. No work is to commence without a signed contract transmitted by mail, fax or email to our office with an original signed contract to ultimately be sent to our office. Olson Proposal No. P2023149.1 GP Page 5 CLOSURE We appreciate the opportunity to submit this proposal for your review and look forward to working with you on this project. If this proposal is accepted, please sign and return a copy of this proposal to us or send us a contract referencing this proposal. Please call if you have any questions. This quote is valid for 90 days from this date. Respectfully submitted, Olson Engineering, Inc. Wade Martin Project Geophysicist Larry D. Olson, P.E. Chief Engineer (1 PDF copy e-mailed) AGREED TO THIS DAY OF , 2023 SIGNED BY NAME AND TITLE ORGANIZATION Olson Proposal No. P2023149.1 GP Page 6 CONSENT ITEM — 8G 'It EN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Designating Triangle Park Budgeted Amount: Actual Amount: Funding Source: $0 $1,600 (for Park sign) PIR - Parks Council Should Consider Motions to approve, table, or deny the following: • Resolution 2023-051, Designating Certain City -Owned Property as "Triangle Park". Background/Discussion On December 20, 2010 the City Council adopted Resolution 2013-009 authorizing the acquisition of property located at 3151 Lake Johanna Boulevard referred to as the "Triangle Parcel". On May 28, 2013, City Council gave direction regarding development of the triangle property which included installation of a gateway sign, irrigation, landscaping and a game table with checkered board. On March 21, 2023, the Parks, Trails and Recreation Committee motioned a recommendation that the City Council officially designate the City -owned property as "Triangle Park". The attached Resolution 2023-051 designates the City -owned property as "Triangle Park". If Council adopts the resolution, City staff will order and install such signage on the property as needed to reflect this designation, and to take such other action as needed to update the City's official website and publications to reflect the same. Budget Impact The Park signage will be funded by the PIR — Parks fund. Attachments Attachment A — Resolution 2023-051 Page 1 of 1 It -AVENMLLI CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-051 Attachment A RESOLUTION DESIGNATING CERTAIN CITY -OWNED PROPERTY AS "TRIANGLE PARK" WHEREAS, the City of Arden Hills is the fee owner of that certain real property located at 3151 Lake Johanna Boulevard, in the City of Arden Hills, County of Ramsey, State of Minnesota, legally described as follows: That part of the south 305.00 feet of the Southwest Quarter of Section 33, Township 30, Range 23, Ramsey County, Minnesota, lying northeasterly of the center line of New Brighton Road; said center line running northwesterly at an angle of 63 degrees 37.5 minutes to the south line of said Southwest Quarter from a point 30.4 feet west of the southeast corner of said Southwest Quarter of Section 33. PID 333023340013 (the "Property"); and WHEREAS, the Property consists of approximately 0.30 acres, is currently unimproved, and has been used by the public as park/open space; and WHEREAS, the City wishes to add the Property to the City's public parks system, which includes 14 parks that cover nearly 102 acres to serve the City's residents, businesses, and visitors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills that: 1. The City -owned property located at 3151 Lake Johanna Boulevard, as further described herein, shall be added to the City's public parks and shall be known as "Triangle Park." 2. Triangle Park shall be used as a "pocket park" or for other park and recreation purposes as determined by the City. 3. Such park use shall continue until the City Council takes official action to change this designation, and direct a different use of the Property. 4. City staff is directed to develop such plans and designs for future improvements and maintenance of the Property for park purposes. 5. City staff is directed to create and install such signage on the Property as needed to reflect this designation, and to take such other action as needed to update the City's official website and publications to reflect the same. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 23rd DAY OF OCTOBER, 2023. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. PUBLIC HEARING — I OA ,-i DEN HILLS MEMORANDUM DATE: October 23, 2023 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk City Attorney Jack Brooksbank, Campbell Knutson, P.A. SUBJECT: Arden Hills Tobacco, 3673 Lexington Avenue NE — Public Hearing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Conducting a public hearing as requested by Arden Hills Tobacco. Background/Discussion This is an appeal hearing requested by Arden Hills Tobacco. On September 25, the City conducted a compliance check and purchased products in violation of Arden Hills Tobacco's license. Arden Hills Tobacco also failed a compliance check in December 2022 (sale of tobacco to an underage person). Arden Hills Tobacco did not contest that violation and paid the requisite fine. That makes this compliance check the second license violation within a 36-month period. City staff identified several violations of the store's tobacco license during the September 25 compliance check. First, the store was selling THC products without the CUP required by Arden Hills zoning code. Second, the store was selling a flavored vape, as forbidden by the Arden Hills Tobacco Products code. Third, the store was selling several THC products that were illegal under State statute. Please see attachment A. City staff sent the licensee a letter informing it of the violations. The letter also directed the licensee to pay an administrative fine for the violations as set by the Arden Hills fee schedule. The licensee then requested that the matter be scheduled for a hearing before City Council. At the hearing, the City Council will hear from the licensee and the City Attorney's office. The Council will then have to decide whether to sustain or overturn the finding of a license violation, and determine the appropriate penalty. Under the City's schedule of fees, the presumptive penalty for a second license violation within a 36-month period is a $600.00 administrative fine. 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O U — V 4J r N U C U (n Q C C +J A 0 U 4-Jte-+ Q Ln U U Z3 r6 rB Q C6 J OR V J ) T U O L- r C6 J OR an c v V) v CL U 2 Can E O rl N 0 4—j m 0 0 lO 1 �J i E v / 0 C) D 0 � o 0 � � O M O O O y d 0 ,, o0 00 bq u O ti Ln Ul 0 0 o •-�" 47, O U a O _� ro w r O cd a� v O c O 6 a, a � r-� Y .a 0Q.7 14 x o o is ti is w" V q rVi� LW4 ro r .? cUtl � "� �y 60 P, [ f- � P U 70A 'It -fi` DEN HILLS MEMORANDUM DATE: October 23, 2023 PUBLIC HEARING —10B TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 23-017 — Public Hearing Required Applicant: Brian Densmore Property Location: 4504 Hamline Avenue N. Request: Conditional Use Permit Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required public hearing for Planning Case 23-017, an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North ("Subject Property"). The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 A. Background 1. Existing Site Conditions: 4504 Hamline Avenue N. ("Subject Property") is zoned R-1, Single Family Residential District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Mr. Densmore. All adjacent properties to the north, east, and south are also zoned R-1, Single Family Residential District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcels to the west across the street on Hamline Avenue are zoned R-3, Townhouse and Low Density Multiple Dwelling District, and designated for Medium Density Residential Uses in the 2040 Comprehensive Land Use Plan. City of Arden Hills City Council Meeting for October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 1 of 5 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-1 Single Family Residential Dwelling District Lot Size: 0.35 acres Proposed Use: The Applicant submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of Brian Densmore Tax Service, Inc. The company's business activities are related to the preparation of tax returns. Clients are seen at a scheduled appointment either in -person or virtually. From February I" to April 15th, client appointments would be Monday through Saturday between 9 a.m. to 6 p.m. For the remainder of the calendar year, appointments are scheduled as needed. Most of the client communications and business activity is conducted by phone or email. The Applicant indicates he has a regular client base and is not accepting any new clients so the home occupation is not anticipated to grow beyond the scope as described in this application. As part of this application, the Applicant is requesting to be allowed one part-time employee that does not reside in the residence. No advertisement shall be placed on the property. Approvals: 1. Conditional Use Permit A Conditional Use Permit is required for Class II Accessory Home Occupations. A home occupation is allowed in residential zoning districts as an accessory use, but it becomes a Class II Home Occupation when there are patrons visiting the premises and/or an employee who does not reside in the residence. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Under state law, a conditional use is a use that is generally allowed in a designated district upon the applicant showing that the standards and criteria stated in the ordinance will be satisfied. City of Arden Hills City Council Meeting for October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 2 of 5 Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City's discretion is more limited in these matters than in a comprehensive plan or rezoning application. Plan Evaluation 1. Chapter 43, Zoning Code Review Section 1325 — General Regulations, 1325.02 Accessory Uses, Subd. 3 Home Occupations A. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. All home occupations shall comply with the following conditions: It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. The Applicant has indicated the proposed home occupation will not result in increased traffic or a need for additional parking. Each customer appointment will be limited to one vehicle and an off-street parking space will be provided on the Subject Property. The Applicant states that most of the tax preparation work is done over email or phone. Outside of the tax season (i.e. February 1st to April 15t"), the Applicant will prepare tax extensions as needed. Most of the client information is delivered through email or fax, but there are a small number of clients that prefer to drop off their materials. 2. It shall be conducted entirely within the dwelling. All of the business activity will be conducted entirely within the dwelling. The Applicant has an approximate 400 square foot office space dedicated to perform the business operations. A floor plan is included below. Building Floor Plan — Office Location City of Arden Hills City Council Meeting for October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 3 of 5 3. There is no exterior evidence of the home occupation. All business operations will take place inside the dwelling. The Applicant is not accepting new clients and does not intend to advertise for services. No advertisement (i.e. signage) shall be placed on the property noting that there is a business being operated on the property. 4. It does not require any special entrances to the dwelling. The proposed home occupation will not require any additional entrances to the dwelling. B. Class II Conditional Accessory Home Occupations. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3.C.1 if they meet the conditions stipulated above for all Home Occupations and the following conditions: The primary business activity shall be conducted by an occupant of the residence; The Applicant is an occupant of the Subject Property and owner of Brian Densmore Tax Services, Inc. 2. One person not residing in the residence maybe employed to assist in the business activity; The Applicant is requesting as part of the CUP to be allowed one part-time employee that does not reside in the residence. 3. It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; The total floor area of the dwelling is 2,148 square feet. The proposed home occupation will occupy 409 square feet of the dwelling, or 19%. The Applicant will perform the business operations in a dedicated office within the dwelling. 4. It has a limited number of patrons visiting the premises; The Applicant has stated during the tax season from February 1st to April 15t" that customers will be seen daily by schedule appointments Monday through Saturday between 9 a.m. to 6 p.m. Appointments will be conducted in -person or virtually. For the remainder of the calendar year, the proposed home occupation is primarily preparing extensions for clients on an as needed basis. It was noted in the narrative that a small number of clients will drop off their tax information at the premises. 5. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, The proposed home occupation will not result in the need for any off-street parking. All business is conducted by appointment. Clients will be informed that they are limited to one vehicle per appointment. City of Arden Hills City Council Meeting for October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 4 of 5 6. It requires delivery of products to the premises no more than once per day. The proposed home occupation does not include a request for deliveries. The Applicant has stated that most of the client information is received via email or fax. C. Class II Conditional Accessory Home Occupations. Applications for a Class II Home Occupation as stipulated by Section 1355.04 Subd 3.C.2 shall be accompanied by the following information: 1. A photograph of the residence. Included in submission 2. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation. Included in submission 3. A statement describing the home occupation and the compliance with the required conditions. Included in submission 4. A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. N/A 2. Sign Code — Chapter 12 This approval does not include signs. Staff drafted a condition that prohibits signage as part of the approval. Public Notice and Comments Notice was published in the Pioneer Press on October 12, 2023. Notice was prepared by the City and mailed to property owners within 1000 feet of the subject property. As of October 17, 2023, staff has received one public comment that was opposed to the use of on -street parking along Hamline Avenue for purposes of the home occupation. Attachments A. Land Use Application B. Location Map C. Application Narrative and Floor Plans D. Planning Commission Memo E. Draft Planning Commission Minutes F. Presentation City of Arden Hills City Council Meeting for October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 5 of 5 Attachment A No -S. EN HILLS Planning Case No. 23- Submittal Date 1245 West Highway 96 Application Completed Date Arden Hills, Minnesota 55112 Accepted by j Telephone (651) 792-7800 Receipt Number Fax (651) 634-5137 Council Decision _ www.cityofardenhills.org I Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant:BRIAN LYNN DENSMORE Address HAMLINE AVE N: Telephone No.: 651-303-4726 Fax No.: 651-644-8058 Email Address: bdensmore2004Ca7msn.com Property Information Property Owner:BRIAN AND CAROL DENSMORE Owner Address: Owner Telephone No. Address of Property Involved: Legal Description: KARTH LAKES ESTATES LOT 23BLK 1 Property ID No. Type of Use: 510 SINGLE FAMILY DWELLING, PLATTED Zone:2517 4504 HAMLINE AVE N 651-303-4726 4504 HAMLINE AVE N 223023120029 Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) Other:- 651-647-6184 Other- 651-587-3107 Property Acreage: 3489 ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow- $1,500) Pagel of 4 ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) Brief Description of Request (please also include a typed, detailed letter explaining the proiect); HOME TAX PREPERATION OFFICE WITH VISITING CLIENTS *IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills.org/landuseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and Page 2 of 4 mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Meetinq Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6.30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE DEADLINE FOR CITY COUNCIL LAND USE MEETING APPLICATION DATE* SUBMISSION (Generally held on the (1" day of the fourth Monday at 7:00 p.m.) preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 Aril 24 March 1 May 3 M2v 22 April 3 June 7 June 26 May 1 Jul 12** July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 Janua 8 2024 November 1 u �� �—v g date. Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Owner Signature (Required) Applicant Signature (If different than the property owner) f z3 Date Date Page 3 of 4 Location Map Attachment B low 1185 1' w A. �� T 1.40 r _.` 3 l.i.ir) J,320 M Imo" 9/14/2023, 2:54:40 PM 1:2,400 0 0.02 0.04 0.08 mi Tax Parcels _Query result L••-' Cities 0 0.03 0.07 0.13 km Personal Property County Offices Tax Parcels Ramsey County Ramsey County MN Attachment C Brian Densmore 4504 Hamline ave n Arden hills, MN 55112 Use Explanation. Office use is for preparing Personal and small business Tax Returns. I've been in business for 32 years and have returning clients every year. The returns are being prepared for a face-to-face meeting for some Google meet, E-mails, mail ins and drop offs. There will be trips to the post office for outgoing mail. The measurements for the office total 341 square ft. BRIAN DENSMORE 4504 HAMLINE AVE. N. ARDEN HILLS, MN 55112 Ph.651-303-4726 PROPERTY ID NUMBER 223023120029 1. The primary business activity shall be conducted by an occupant of the Residence: The primary business activity is Preparing Individual tax returns. These Tax returns are prepared by Brian Densmore Tax Service Inc. Brian Densmore is the main tax preparer, along with one part-time Tax Preparer. All Tax returns being prepared are individual 1040 tax returns, along with state returns. 2, One person not residing in the residence may be employed to assist in the business activity: I'm currently in the process of training an individual to prepare taxes on a part- time basis. He does not reside at this address. 3. It does not occupy more than thirty-three (33) percent of the floor area of the Dwelling: Per property tax information from Ramsey County, there is 2148 sq ft finished. The measurements for the office are 409.3 sq ft. See the drawing attached. 4. It has a limited number of patrons visiting the premises: During the tax season (February 1 through April 15th, I schedule appointments Monday through Saturday, 9 am to 6 pm. This includes both face to face and google meet appointments. The remainder of the year I prepare extensions as needed. The majority of that work is done over the Phone. I have a regular client base and I'm not accepting new clients. 5. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted, On -street parking shall not be used to satisfy required parking: I do not require on- street parking. There is only one car per appointment. 6. It requires delivery of products to the premises no more than once per day: Most of my clients bring their information with them or send it by email or fax. A small number of clients drop off their information. •��'N ywrr•�'���1'`It'4.'•i �4'yry'�i r:�' e,4i���y'%'��t �i 'tom �rr��' ' 'k.N 'i.S i�iA'...-.�"''j SSr^�f1. 3f �'I x�5�`tr rl .aL �`r'<a•�q,�� B .k• 6 S�;It-1T. f;t, �_� �L;�'v:l',� V'irY Y I�Ta .!i•. N]�!� � (;,may }p� J � } q w s'� Y' "ii{� .. l: - ii :f f �N 4 t` •w3yi **rrFrj•�' ,4}' '�'{ ^ij .+�y + �.i t �w�4I r.:Z}�i. i' ^i 1 •.'rY . �-i'' r °f �r-� �!' fF�w 3}r,`� , �7! "`- •t1%, l , ry'V t �a.! � - � •-'•., �'' �'P �'�r• �4 ieL �t:,`*S %}4� y. K,s9A,.,tlty .�i, §. `r � '), .�."l♦' "L _ I•:' '��. �'l1y{{�1 Y'.4v :�iY��. 1���•a: r1 ;'Y•. _ I{IJ At. :`/^ a,:• Ilt �l i'^-'h.. `�S "�iC S.• ''>a'...'�R�,:�1.1�.�' �' ,.l L7¢ f !• �.1 1',� i r� .r S•: t ��-,"•'Zi, ..}-',., y c r V rt•rr%: YL •Y.E• !-° ..�{_ ay,'.!'S, , Y'A T'• r 7; :�� ii L.�:�.�Jy~ .P, ~'{•%i•,t� V4• F, ti ;{•'•'r. .x fi:�•J_ .',i rty •;, '•~If - ^� }i:' 2,'� •ii I•-, .y `4;. I'.,. 5:'Y.q.c,, r .� , , • ' . r i . r r . , 1 . N • N , P Y ° - 0 i0 .Jr , Y I�u'ivkL 61 r1 Itl{h II , y it r 1 W W � t P N ' I • I'l l l I n' Uf � � , n a ' > N � P � u P ! I MIA ' V� I, I W� It w n'�j '169., 3 5er _ _ {� t A44. 4- Attachment D ,`iRZEN HILLS MEMORANDUM DATE: October 4, 2023 TO: Planning Commission Chair and Commissioners FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 23-017 — Public Hearing Required Applicant: Brian Densmore Property Location: 4504 Hamline Avenue N. Request: Conditional Use Permit Requested Action Brian Densmore ("Applicant") has submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. The Applicant is the owner of Brian Densmore Tax Service, Inc., a business related to the preparation of tax returns. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence or an employee that does not reside in the residence. The Applicant is proposing to meet with customers in -person and virtually by appointment only as well as have one part time employee that does not reside in the residence which triggered the Class 11 designation requiring a Conditional Use Permit. Background 1. Existing Site Conditions: 4504 Hamline Avenue N. ("Subject Property") is zoned R-1, Single Family Residential District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Mr. Densmore. All adjacent properties to the north, east, and south are also zoned R-1, Single Family Residential District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcels to the west across the street on Hamline Avenue are zoned R-3, Townhouse and Low Density Multiple Dwelling District, and designated for Medium Density Residential Uses in the 2040 Comprehensive Land Use Plan. 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-1 Single Family Residential Dwelling District Lot Size: 0.35 acres City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 1 of 6 Proposed Use: The Applicant submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of Brian Densmore Tax Service, Inc. The company's business activities are related to the preparation of tax returns. Clients are seen at a scheduled appointment either in -person or virtually. From February 1st to April 15tf, client appointments would be Monday through Saturday between 9 a.m. to 6 p.m. For the remainder of the calendar year, appointments are scheduled as needed. Most of the client communications and business activity is conducted by phone or email. The Applicant indicates he has a regular client base and is not accepting any new clients so the home occupation is not anticipated to grow beyond the scope as described in this application. As part of this application, the Applicant is requesting to be allowed one part-time employee that does not reside in the residence. No advertisement shall be placed on the property. Approvals: 1. Conditional Use Permit A Conditional Use Permit is required for Class II Accessory Home Occupations. A home occupation is allowed in residential zoning districts as an accessory use, but it becomes a Class II Home Occupation when there are patrons visiting the premises and/or an employee who does not reside in the residence. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission and City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Under state law, a conditional use is a use that is generally allowed in a designated district upon the applicant showing that the standards and criteria stated in the ordinance will be satisfied. Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City's discretion is more limited in these matters than in a comprehensive plan or rezoning application. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 2 of 6 Plan Evaluation 1. Chapter 13, Zoning Code Review Section 1325 — General Regulations, 1325.02 Accessory Uses, Subd. 3 Home Occupations A. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. The Applicant has indicated the proposed home occupation will not result in increased traffic or a need for additional parking. Each customer appointment will be limited to one vehicle and an off-street parking space will be provided on the Subject Property. The Applicant states that most of the tax preparation work is done over email or phone. Outside of the tax season (i.e. February V to April 15th), the Applicant will prepare tax extensions as needed. Most of the client information is delivered through email or fax, but there are a small number of clients that prefer to drop off their materials. 2. It shall be conducted entirely within the dwelling. All of the business activity will be conducted entirely within the dwelling. The Applicant has an approximate 400 square foot office space dedicated to perform the business operations. A floor plan is included below. Building Floor Plan — Office Location -- 3. There is no exterior evidence of the home occupation. All business operations will take place inside the dwelling. The Applicant is not accepting new clients and does not intend to advertise for services. No advertisement (i.e. signage) shall be placed on the property noting that there is a business being operated on the property. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 3 of 6 4. It does not require any special entrances to the dwelling. The proposed home occupation will not require any additional entrances to the dwelling. B. Class II Conditional Accessory Home Occupations. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3.C.1 if they meet the conditions stipulated above for all Home Occupations and the following conditions: The primary business activity shall be conducted by an occupant of the residence; The Applicant is an occupant of the Subject Property and owner of Brian Densmore Tax Services, Inc. 2. One person not residing in the residence maybe employed to assist in the business activity; The Applicant is requesting as part of the CUP to be allowed one part-time employee that does not reside in the residence. 3. It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; The total floor area of the dwelling is 2,148 square feet. The proposed home occupation will occupy 409 square feet of the dwelling, or 19%. The Applicant will perform the business operations in a dedicated office within the dwelling. 4. It has a limited number of patrons visiting the premises; The Applicant has stated during the tax season from February 1st to April 15t" that customers will be seen daily by schedule appointments Monday through Saturday between 9 a.m. to 6 p.m. Appointments will be conducted in -person or virtually. For the remainder of the calendar year, the proposed home occupation is primarily preparing extensions for clients on an as needed basis. It was noted in the narrative that a small number of clients will drop off their tax information at the premises. S. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, The proposed home occupation will not result in the need for any off-street parking. All business is conducted by appointment. Clients will be informed that they are limited to one vehicle per appointment. 6. It requires delivery of products to the premises no more than once per day. The proposed home occupation does not include a request for deliveries. The Applicant has stated that most of the client information is received via email or fax. C. Class II Conditional Accessory Home Occupations. Applications for a Class II Home Occupation as stipulated by Section 1355.04 Subd 3.C.2 shall be accompanied by the following information: 1. A photograph of the residence. Included in submission City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 4 of 6 2. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation. Included in submission 3. A statement describing the home occupation and the compliance with the required conditions. Included in submission 4. A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. N/A 2. Sign Code — Chapter 12 This approval does not include signs. Staff recommends adding a condition that prohibits signage as part of the approval. Suggested Findings of Fact Staff offers the following findings of fact for consideration: 1. The subject property located at 4504 Hamline Avenue N. is zoned R-1, Single Family Residential District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 2. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises or an employee that does not reside in the residence. 3. The Applicant is the sole owner of Brian Densmore Tax Service, Inc., a business related to preparation of tax returns. 4. The home occupation is conducted entirely within the dwelling. 5. The proposed home occupation would have a limited number of patrons visiting the home, as the Applicant would only be seeing one client at a time, by appointment. 6. There will be no exterior evidence of the home occupation. 7. The Applicant will be limited to one additional part-time employee that does not reside in the residence to facilitate the home occupation. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23- 017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 5 of 6 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans in the October 4, 2023, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. based on the following findings of fact: the Planning Commission should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. for the following reasons: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Notice and Public Comments Notice was published in the Pioneer Press on September 22, 2023. Notice was prepared by the City and mailed to property owners within 1000 feet of the subject property. As of September 27, 2023, staff has not received any public comments. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 24, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 22, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to December 21, 2023 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the October meeting cycle. Attachments A. Land Use Application B. Location Map C. Application Narrative and Floor Plans City of Arden Hills Planning Commission Meeting for October 4, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 6 of 6 'It Attachment E -fiR.,DEN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, OCTOBER 4, 2023 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Paul Vijums called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Paul Vijums, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins, Kurtis Weber, and Jonathan Wicklund. Absent: Commissioner Arlene Mitchell. Also present were: Community Development Director Jessica Jagoe, Senior Planner Elena Fransen and Councilmember Emily Rousseau. APPROVAL OF AGENDA — OCTOBER 4, 2023 Chair Vijums moved, seconded by Commissioner Wicklund, to approve the October 4, 2023, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES September 6, 2023 —Planning Commission Regular Meeting Commissioner Weber moved, seconded by Commissioner Wicklund, to approve the September 6, 2023, Planning Commission Regular Meeting as presented. The motion carried 4-0-2 (Commissioner Bjorklund and Chair Vijums abstained). PLANNING CASES A. Planning Case 23-017; 4504 Hamline Avenue North — Conditional Use Permit —Public Hearing Community Development Director Jagoe stated Brian Densmore ("Applicant") has submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. The Applicant is the owner of Brian Densmore Tax Service, Inc., a business related to the preparation of tax returns. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the ARDEN HILLS PLANNING COMMISSION — October 4, 2023 2 residence or an employee that does not reside in the residence. The Applicant is proposing to meet with customers in -person and virtually by appointment only as well as have one part time employee that does not reside in the residence which triggered the Class II designation requiring a Conditional Use Permit. Community Development Director Jagoe reported 4504 Hamline Avenue N. ("Subject Property") is zoned R-1, Single Family Residential District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Mr. Densmore. All adjacent properties to the north, east, and south are also zoned R-1, Single Family Residential District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcels to the west across the street on Hamline Avenue are zoned R-3, Townhouse and Low Density Multiple Dwelling District, and designated for Medium Density Residential Uses in the 2040 Comprehensive Land Use Plan. Community Development Director Jagoe reviewed the site data, the Plan Evaluation and provided the Findings of Fact for review: 1. The subject property located at 4504 Hamline Avenue N is zoned R-1, Single Family Residential District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 2. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises or an employee that does not reside in the residence. 3. The Applicant is the sole owner of Brian Densmore Tax Service, Inc., a business related to preparation of tax returns. 4. The home occupation is conducted entirely within the dwelling. 5. The proposed home occupation would have a limited number of patrons visiting the home, as the Applicant would only be seeing one client at a time, by appointment. 6. There will be no exterior evidence of the home occupation. 7. The Applicant will be limited to one additional part-time employee that does not reside in the residence to facilitate the home occupation. Community Development Director Jagoe reviewed the motion options available to the Planning Commission for Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N.: 1. Recommend Approval with Conditions 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active.2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Vijums opened the floor to Commissioner comments. ARDEN HILLS PLANNING COMMISSION — October 4, 2023 Commissioner Bjorklund asked what type of signage would be allowed in a residential zoning district for a home occupation. Community Development Director Jagoe discussed the language included within the sign ordinance that addresses residential properties and home occupations. She recalled that there was to be no exterior evidence of the home occupation and this includes signage. Commissioner Wicklund asked if parking was allowed on the east side of Hamline Avenue. Community Development Director Jagoe stated she did not believe this was allowed. She explained that city codes states that on street parking shall not be used to satisfy the home occupation needs. Chair Vijums opened the public hearing at 6:46 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. Brian Densmore, 4504 Hamline Avenue, explained he was not worried about any business signage. He reported he has no intention of parking on Hamline Avenue, noting his driveway was long enough to handle parking. Commissioner Blilie asked how many visitors he would have each week during the tax season. Mr. Densmore commented this number would vary from week to week noting he had many clients that visit with him virtually and some visit with him in person. There being no additional comment Chair Vijums closed the public hearing at 6:48 p.m. Commissioner Wicklund moved and Commissioner Weber seconded a motion to recommend approval of Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue North based on the findings of fact and the submitted plans, as amended by the five conditions in the October 4, 2023, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 23-018; Zoning Code Amendment to Chapter 13 to Allow Solar Energy Systems in Residential Districts — Public Hearing Senior Planner Fransen stated Donald Wahlberg, "Applicant," is proposing an amendment to the language of Chapter 13 — Zoning Code of the Arden Hills City Code to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 residential districts in City Code Sections 1320.05 — Land Use Chart and 1325.02 — Accessory Uses. Senior Planner Fransen reported in February 2023, Alatus LLC proposed an amendment to allow for the conditional use of solar energy systems within the Conservation District. Alatus's proposal established a definition for Solar Energy Systems and added Solar Energy Systems as a Land Use Category in the Land Use Chart for the Conservation District as well as outlined special provisions for Solar Energy Systems in the Conservation District. 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Request: Conditional Use Permit Budgeted Amount: Actual Amount: N/A N/A Council Should Consider NEW BUSINESS —11A Funding Source: N/A Motions to approve, table, or deny the following: • Adoption of Resolution 2023-052 for Planning Case 23-017 for a Conditional Use Permit at 4504 Hamline Avenue North. Background Brian Densmore ("Applicant") submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. The Applicant is the owner of Brian Densmore Tax Service, Inc., a business related to the preparation of tax returns. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence or an employee that does not reside in the residence. The Applicant is proposing to meet with customers in -person and virtually by appointment only as well as have one part time employee that does not reside in the residence which triggered the Class II designation requiring a Conditional Use Permit. Suggested Findings of Fact The Planning Commission reviewed this application at their October 4, 2023, meeting and have offered the following findings of fact for your consideration: City of Arden Hills City Council Meeting October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamlin Avenue N. - CUP Page 1 of 3 1. The subject property located at 4504 Hamline Avenue N. is zoned R-1, Single Family Residential District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 2. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises or an employee that does not reside in the residence. 3. The Applicant is the sole owner of Brian Densmore Tax Service, Inc., a business related to preparation of tax returns. 4. The home occupation is conducted entirely within the dwelling. 5. The proposed home occupation would have a limited number of patrons visiting the home, as the Applicant would only be seeing one client at a time, by appointment. 6. There will be no exterior evidence of the home occupation. 7. The Applicant will be limited to one additional part-time employee that does not reside in the residence to facilitate the home occupation. 8. A public hearing is required for a Conditional Use Permit request before the request can be brought before City Council. 9. The Planning Commission conducted a public hearing on October 4, 2023 Options and Motion Language The Planning Commission reviewed this application at their October 4, 2023, meeting. At that time, they recommended approval with five conditions of the application from Brian Densmore for a Conditional Use Permit by a 6-0 vote. The following are motion language options for the City Council to consider. Approval with Conditions: Motion to approve Resolution 2023-052, approving Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Approval without Conditions: Motion to approve Resolution 2023-052, approving Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N., based on the findings of fact and submitted plans in the October 4, 2023, Report to the City Council. 3. Denial: Motion to deny Planning Case 23-017 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 4504 Hamline Avenue N. based on the following findings City of Arden Hills City Council Meeting October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 2 of 3 of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 23-017 for a Conditional Use Permit to allow a Class I1 Accessory Home Occupation at 4504 Hamline Avenue N. for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on August 24, 2023. Pursuant to Minnesota State Statute, the City must act on this request by October 22, 2023 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to December 21, 2023 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the October meeting cycle. Budget Impact N/A Attachments A. Resolution 2023-052 B. Presentation City of Arden Hills City Council Meeting October 23, 2023 P:\Planning\Planning Cases\2023\PC 23-017, 4504 Hamline Avenue N. - CUP Page 3 of 3 Attachment A it �ENHILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2023-052 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE SUBJECT PROPERTY 4504 HAMLINE AVENUE NORTH WHEREAS, City Staff received a land use application for 4504 Hamline Avenue N ("Subject Property") for a Conditional Use Permit on August 24, 2023; WHEREAS, the Subject Property is located in the R-I — Single Family Residential District and is guided as Low Density Residential uses in the Land Use plan; WHEREAS, a Conditional Use Permit is required for a Class II Accessory Home Occupation in this zoning district; WHEREAS, the Applicant is proposing a home occupation of a business related to the preparation of tax returns; WHEREAS, a home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence or an employee that does not reside in the residence; WHEREAS, Subject Property meets the conditions as regulated in Section 1325.02 Accessory Uses, Subd.3 for Home Occupations; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that requires a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission did hold a public hearing on October 4, 2023. All persons present at said meeting were given an opportunity to be heard and present written statements; and WHEREAS the Planning Commission considered the Applicant's request for a Conditional Use Permit and, as such voted 6-0 in favor of the recommending approval with conditions. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. I NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2023-052 approving Planning Case 23-017 for a Conditional Use Permit at the Subject Property 4504 Hamline Avenue N to allow a Class II Accessory Home Occupation. BE IT FURTHER RESOLVED that City Council approves Planning Case 23-017 for a Conditional Use Permit at the Subject Property 4504 Hamline Avenue N, based on the findings of fact and the submitted plans and October 23, 2023 Report to the City Council, as amended by the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall be limited to one employee that does not reside in the residence. 4. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 5. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 23rd DAY OF OCTOBER, 2023. 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