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HomeMy WebLinkAbout02-12-24-RMayor: David Grant lt Councilmembers: -AEN HILLS Brenda Holden Emily Rousseau Regular City Council Tena Monson Tom Fabel Agenda February 12, 2024 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/86383624324 *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 or other materials should be handed to the City Clerk for distribution to the Council prior to or during the meeting. 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 7. APPROVAL OF MINUTES 7.A. December 18, 2023 City Council Work Session Documents: 12-18-23-WS.PDF 7.B. December 18, 2023 Special City Council Documents: 12-18-23-SR.PDF 7.C. January 3, 2024 Special Work Session Documents: 01-03-24-SWS.PDF 7.D. January 8, 2024 Special Work Session Documents: 01-08-24-SWS.PDF 7.E. January 8, 2024 Regular City Council Documents: 01-08-24-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 Joua Yang, Finance Director Pang Silseth, Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve 2023 Budget Carryovers Joua Yang, Finance Director Documents: MEMO.PDF 8.C. Motion To Approve Rice Creek Commons Alternative Urban Areawide Review (AUAR) Update Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.D. Motion To Approve 2024 Collective Bargaining Updates Dave Perrault, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 8.E. Motion To Approve Resolution 2024-007 - Variance At 1666 Oak Avenue (Planning Case 23-023) Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF 81. Motion To Approve Resolution 2024-008 Approving Plans And Specifications And Ordering Advertisement For Bids - 2024 PMP Street And Utility Improvement Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.G. Motion To Approve Ordinances 2023-013 And 2023-014 Relating To Ground - Mounted Solar Energy Systems In Residential Zoning Districts (Planning Case 23- 018) And Authorization To Publish Summary Ordinances 2023-013 And 2023-014 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 8.H. Motion To Approve Change Order Nos. 1, 2, 3, 4 And 5 And Payment Nos. 1 And 2 - County Road E And Old Snelling Avenue Improvements David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 8.1. Motion To Approve Resolution 2024-009 Appointing Elizabeth Johnson To The Parks, Trails And Recreation Committee (PTRC) Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF 8.J. Motion To Approve City Hall Parking Lot Improvements - Payment No. 4 & Final Closeout Lucas Miller, Assistant Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF 8.K. Motion To Approve Public Works 2024 Equipment Purchase David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 81. Motion To Approve Resolution 2024-010 Approving Plans And Specifications And Ordering Advertisement For Bids - 2024 CIPP Lining Project David Swearingen, Public Works Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.M. Motion To Approve Acknowledgment Of The Application Of Ducks Unlimited North Suburban Chapter 239 For An Exempt Permit To Conduct A Raffle With The Event Being April 27, 2024 With No Waiting Period Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Planning Case 23-024 - Conditional Use Permit - 3751 Lexington Avenue N (Mister Carwash) Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF ATTACHMENT K.PDF ATTACHMENT L.PDF ATTACHMENT M.PDF ATTACHMENT N.PDF ATTACHMENT O.PDF ATTACHMENT P.PDF 11. NEW BUSINESS 11.A. Resolution 2024-011 - Conditional Use Permit At 3751 Lexington Avenue N (Mister Carwash) - PC 23-024 Jessica Jagoe, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN -ARQEN_HILLS Approved: February 12, 2024 [DRAFT--, CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION DECEMBER 18, 2023 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Community Development Director Jessica Jagoe, Assistant Public Works Director Lucas Miller, Assistant to the City Administrator/City Clerk Julie Hanson and TKDA Engineer Dan Nesler 1. PUBLIC INQUIRIES/INFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. South Tower Improvements Project Discussion Assistant Public Works Director Miller explained that Dan Nesler, PE from TKDA would give a short presentation. Mr. Nesler stated that the improvements and repair to the South Tower were identified in the Capital Improvement Plan for 2024. An inspection in 2022 identified a few structural and painting items that need to be addressed. The City also completed the Risk and Resiliency study where some security improvements were recommended. He explained the structural repairs that were needed, possible materials for fencing, and types of gates they could consider. He reviewed the probable costs for repairs, security improvements, construction contingency and engineering costs with a total of $443,017. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 2 Councilmember Holden wondered how much of the engineering costs were associated with the security improvements. Mr. Nesler replied that it was probably half and half. He felt it was the right time to do this project before the coating completely fails, they can catch the spots they found now and get another ten to 15 years out of that paint. Mayor Grant asked if there were some components that staff wasn't recommending. Assistant Public Works Director Miller said there were a few items they would strongly recommend and some that were included in the resiliency study they could do without if we absolutely needed to. The primary items being recommended are perimeter fencing, pivot gate with a card reader, mechanical swing gate and an individual person gate. Secondary were bollards, card reader, an access hatch and alarms for the overhead bay doors. Councilmember Holden asked why they need three gates. Assistant Public Works Director Miller explained that one gate was a badge gate/swing gate so you could access the tower during snow events, the second gate was a pull through gate and the third was to access the area without a vehicle. The sliding gate and pedestrian gate wouldn't have to be badged, they could be chained and locked with a padlock. Mr. Nesler added there are two driveways into the site, that allow for large trucks and equipment to have an in/out. Assistant Public Works Director Miller said when they are clearing snow they can get through the primary gate with a badge, but in order to maneuver to clear the snow they need to pull through the secondary gate. Councilmember Holden asked what was on top of the eight -foot fence so people couldn't climb over it? Mr. Nesler said there isn't any razor wire so it's not going to stop anyone who really wants to climb over but it will be more secure. Councilmember Monson asked if the pivot gate cost was included the card reader. Mr. Nesler explained that you could go up to the pivot gate and push a button to make it work, but if you wanted to add a card reader that was an additional cost. Councilmember Monson stated the recommendation from staff would be $98,000 for security. Assistant Public Works Director Miller agreed and said those costs should be covered under the security grant, assuming they get it. Mr. Nesler added that in past years the grant has been very well used, there may be other communities in Ramsey County that will also apply for it. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 3 Councilmember Fabel asked what the cost for mobilization/demobilization entails. Mr. Nesler stated mobilization is the cost for the contractor to get to the site; get equipment there, get set up, insurance etc. Councilmember Fabel asked if the cost of the project would be paid from the water utility fees. City Administrator Perrault replied yes, it would. Councilmember Rousseau wondered if they go for the UASI grant would it be possible they can try for everything but if they don't get the grant or only get a portion of the money they could remove some of the more optional items? Mr. Nesler responded yes, they could set it up with a base bid and alternate add ons. Mayor Grant asked about the timing of the grant. Assistant Public Works Director Miller stated grant applications are accepted in late January/early February. Mr. Nesler added that the UASI grant is the only one coming up that would allow them to bid the project and get it ready for construction in 2024. The other funding options application dates have passed and if they waited to apply for them it would push the project out another year. Mayor Grant asked if that would be for the security or the security and repairs. Mr. Nesler said it would be for security, he thought everything could be applied for with the Small Cities grant, and the Drinking Water Revolving Loan Fund would be a low interest loan. There would be no guarantee of receiving either of those. Councilmember Holden felt they were adding a fence that really wasn't securing the water tower. Mr. Nesler said it would be more secure than it is today. Councilmember Holden said the water fund is good but they've been pushing hard for the last five years asking for State bonding for water projects so they could pay for water meters and there wasn't a significant increase in people's water bills when the million dollars came due. It's nice the water fund is good but there's a reason why they've been keeping it healthy. She asked when they would secure the second water tower — could they apply for a grant for both of them? Did they have to be doing construction on the other tower in order to put security on it? Could they ask for additional money to do the other water tower? Assistant Public Works Director Miller didn't know the timing on the other tower, he'd have to ask the Public Works Director. He thought adding the security was being done at a favorable time because they would already be working on the tower. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 4 Mr. Nesler added that he'd have to look at details on the security grant. Typically, the grants would require the money be spent within a certain amount of time, and some grants require plans to be submitted with the application. Councilmember Holden said she's always been interested in the security of the water towers because it just takes one person — and they aren't redundant in 100% of the city so they really need some security. Councilmember Monson said the memo talks about needing an additional $200,000, was that on top of the meter needs? City Administrator Perrault believed the water meters were programmed into what they were seeing, so this would be on top of the water meters. Councilmember Holden said that the Public Works Director met with water meter people and found out there was going to be a significant increase in parts costs. She didn't know if that was projected on the chart. City Administrator Perrault thought it should have been programmed into the CIP, so the water meter costs should be incorporated into what they are seeing in their packet. City Administrator Perrault asked if they pursued the grant was there any reason they couldn't include a fence for the other water tower at the same time, understanding the design hasn't been done. Assistant Public Works Director Miller thought they would have to do an inspection of the site to see if it was reasonable. Mr. Nesler added that on the face it would be doable but they would need to look into it more. Councilmember Monson liked the idea of at least assessing the other fence. She asked for an explanation of why they wanted a card reader versus a manual gate. Assistant Public Works Director Miller replied it was because being able to plow through the primary gate was an important function when they were doing snow operations; to be able to badge in at the bottom of the hill and get momentum to go into the actual site to plow the snow. The other two are for badging in like they would anywhere, like at Public Works and they are more secondary because you're out of your vehicle already. Councilmember Monson asked if why couldn't manually lift the gate and then get back into the snow plow. Assistant Public Works Director Miller stated the card reader was at the right of way and the gate is at the top of the hill. Mr. Nesler added another reason was that cell phone operators have access to the code so by adding a badge reader they can program in that for example, AT&T has access from 8:00-5:00 on a particular day, so Public Works employees don't have to meet them there. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 5 Councilmember Rousseau asked if they add the second water tower will that impact the timing, or put us at risk of not being able to get that grant request in in January. Mr. Nesler felt they could make a pretty quick assessment to say if it would be a lot of work or not, and decide if they have time. Councilmember Holden asked about the $3,500 cost for the person gate. Assistant Public Works Director Miller stated they just added a gate at the roundabout and that was just under $5,000 for a similar gate, so that price was in the same ballpark. Councilmember Monson would support the recommendation from staff and submitting a grant application for that amount. She would also agree with adding the second tower if it looks doable. Mayor Grant said they need to remember the repair costs have to go forward. Councilmember Holden wondered if they apply for all of the security items and they only get some of the money are they able to pick and choose what they want, or do they have to do a match or pay the overrun costs? Mr. Nesler said the grant would be X amount of money, he thought they would want receipts and documentation to prove what was paid for. Councilmember Holden asked if they ask for a grant that has a card reader but they don't put a card reader in will they be in trouble? If they don't give us the whole $114,000 and we ask for the card reader are we still required to put everything in? Mr. Nesler explained we would only be required to put in what they give us money for. If we ask for a fence and a card reader and they say just the card reader, we'd have to put the card reader in and the fence would be up to the City. That's why on the bid form they will list items as alternates. Mayor Grant stated he knew where Councilmembers Monson and Holden stood, and he was on board with it. Councilmember Rousseau said it sounded good to her, and it would be great to have the other water tower included. Councilmember Fabel was also on board. B. State of the City Update City Administrator Perrault explained the State of the City was planned for February 10, 2024, 10:00 a.m. at City Hall. Staff is looking for a preliminary idea of topics and who is presenting those topics. He reviewed the list of topics normally discussed and new topics that have been suggested. Staff will create a draft working with the identified presenter, the draft will come back to Council at the January work session. They may also want to discuss refreshments and Q&A. He noted that NineNorth will be there to record the meeting and it will be posted on the City website. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 6 Councilmember Rousseau asked for clarification of what would be included in Public Works Infrastructure Projects. City Administrator Perrault said they try to recap what was done in 2023 and projects coming up in the next year. Mayor Grant noted that the meeting generally lasts about an hour. They need to pick out topics that are of interest to residents, and some are topics they should cover like taxes and finance. Minor topics that wouldn't be of interest to the city as a whole and could be addressed at the meet and greet after the meeting. Councilmember Holden thought the fire department should be a separate category as it will be their biggest economic driver over the next five years. People need to understand that they can't hire enough volunteers anymore or part time people, they're hiring and going to build, and then talk about City finances as a whole. Mayor Grant thought there were some people that don't realize there is a fire station proposed. Discussion ensued regarding what items should be included in each category. Councilmember Holden thought water meters should be discussed. Councilmember Rousseau wanted to include an update about Committees and Commissions and NYFS. Councilmember Monson felt the core topics could be budget, Lake Johanna Fire, Public Works/PMP, Community Development, and Rice Creek Commons. Along with updates regarding NYFS, Committees and Commissions, cannabis. Water meters could be put under Public Works. Councilmember Holden thought they should talk about Committees and Commissions. Councilmember Rousseau said noting the Economic Development Commission was back up and running, highlighting activities of PTRC or thanking Planning Commissioners would be good additions. Councilmember Holden said people should be able to ask questions after each segment, maybe give five minutes for questions from the audience as long as they stay on that topic. Councilmember Fabel disagreed. He recommended against having any questions at the State of the City. They could be encouraged to present questions in writing, come to the next Council meeting, or approach a Councilmember after the presentations. Councilmember Rousseau would like to see how long the presentation is before making that decision. She liked the idea of people submitting questions in advance so they could try to tie some of those into the presentation. Mayor Grant stated that from the discussion it sounds like they've taken out food trucks and chickens but he thinks they are probably looking at an hour of topics. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 7 Councilmember Monson suggested they have notecards that people can write questions on and give them to staff to sort through. She would prefer to have questions at the end. Mayor Grant said they could ask for cards to be collected after each presentation so there was time to go through them. He noted that once the event is over, typically Council stays around to mingle and talk to residents. Councilmember Monson suggested 45 minutes for the presentations, and 15-20 minutes for questions. Mayor Grant said it will also depend on how long it seems when they get the first draft from staff. Councilmember Rousseau volunteered to take Community and Commercial Development. Councilmember Monson would like to take LJFD. Councilmember Holden offered to take Public Works. Councilmember Fabel thought he should take Rice Creek Commons. Mayor Grant said he would speak on Finances. Further discussion ensued regarding specific items within categories. Councilmember Holden suggested that City Administrator Perrault present on miscellaneous items such as Committees and Commissions, cannabis and NYFS. Donuts, water and coffee were agreed on for refreshments. C. Committee/Commission City Council Liaisons and Chair Appointments Discussion Mayor Grant thought he should be on the Personnel Committee. Councilmember Fabel felt they should all stick with the same assignments as they've had in the past year. Councilmember Rousseau was generally in favor of that, however she thought it would be great for Councilmember Monson to get experience as Mayor Pro-Tem. Councilmember Monson had no objections. Councilmember Holden said they didn't need to waste time talking about it then because it was already decided and would be three votes against two. She would like to serve on the Communications Committee. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 8 Mayor Grant would like to see someone else as the contact to the Ramsey County League. He had no problem being on the Twin Cities Gateway and Personnel Committee. Councilmember Fabel said he would like to continue with the Communications Committee. Councilmember Monson asked if Councilmember Holden was open to the Ramsey County League. Councilmember Holden replied that she would like to serve on the Communications Committee. She had interest in a lot of them felt they weren't open to utilizing all of the councilmembers unless someone else didn't want it. Councilmember Fabel said there was the Cable Commission, and Beyond the Yellow Ribbon that are open for councilmembers. Councilmember Holden asked why he wouldn't serve on one of those so she could serve on the Communications Committee. Mayor Grant asked Councilmember Monson how she felt about Councilmember Holden being on Communications. Councilmember Monson said she was thinking about it. She thought it made sense for her to stay on the JDA and Fire Board but she hadn't thought that much about people moving around on the other ones. Councilmember Rousseau said she previously thought Councilmember Holden wasn't interested in maintaining the Communications Committee, so she was in favor of keeping Councilmember Fabel on it. Councilmember Holden stated she thought they had all agreed to what the committee would be and what it was, so she didn't understand why any person couldn't fill that position. Councilmember Monson said they have a brand-new communications plan that they are implementing. She thought Councilmember Holden had strong comments about what goes into communications and she was heard, so she was trying to understand why Councilmember Holden wanted to be the Communications liaison. Councilmember Holden responded that she would be the filter, that's the definition of the liaison. Councilmember Monson said she wanted to see if the new plan worked. If Councilmember Holden wanted something and Councilmember Fabel wasn't responding then she would want to know and have a conversation about switching out the liaison. She would rather stay with Councilmember Fabel unless there was an issue that they can't get things on the newsletter. Councilmember Holden said she has complained about that for the last 12 months. The letter that went out used to say that the Mayor had such biased appointments, now it will say we have biased appointments and aren't willing to switch out. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 9 Mayor Grant explained what happened at the Ramsey County League; the presentations are mostly educational and once a month. The position would be more involved if there were changes to bylaws or other things like that. Councilmember Monson said she had listened to some of their meetings, and she would be willing to have her name there with everyone else as alternates. Councilmember Rousseau asked if they reappoint Mr. Scott to the Cable Commission this year, could they have an application process the next year so it would be open to other people from the public to have the opportunity to apply. Mayor Grant explained that the position is somewhat technical. They had an individual that served for about 15 years and who was highly technical in the field of communications. Mr. Scott is in the IT field and is a technical person. They should ask him if he wants to continue and if he does they should let him. Councilmember Rousseau said she was OK with that this year, but her concern was to have someone in place for 15 years without opening it up to the community. Maybe they could do a two-year term and then he could resubmit. Councilmember Holden said they just talked about the importance of having people continue on the committees, and this is the same thing. One of the reasons the person was on the committee for 15 years was because it's complicated with contracts, franchises, lawsuits, and service area. Sometimes they need a continuum like she's hearing from the other Councilmembers saying they want to stay on the same committees and not allowing her to serve on a committee of choice. She wouldn't want to open the Cable Commission up unless they had to. Councilmember Monson said she'd like Mr. Scott to present an update to them, or by email. She'd like the same with Beyond the Yellow Ribbon. Mayor Grant said they can certainly get updates. He explained some of the issues that had happened with the Cable Commission over the last year. Councilmember Fabel asked if the negotiation of the cable contract with the City would be part of that liaison's responsibility. Mayor Grant said it was. Councilmember Rousseau stated she would like an email letting them know when the contract was up and an update on what was happening this year. She wondered if they could have an update on Beyond the Yellow Ribbon for the newsletter. Councilmember Holden asked if a tax from the Karth Lake Improvement District would have to come through Council. Mayor Grant said yes, if they make a recommendation to levy a tax it goes to Council for approval. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 10 City Administrator Perrault stated that as of last year Council said if Karth Lake felt they needed a liaison they could request one, but generally they feel comfortable not having a Council liaison. Public Works Director/City Engineer Swearingen attends the meetings. Councilmember Holden asked when they start working on things they want the City to pay for versus the District, does the City Council get involved then? Mayor Grant stated that Councilmember Holden still has no committees but would like to serve on the Communications Committee. He had heard other's preferences, but thought it didn't speak well of the Council to not allow Councilmember Holden to serve. D. Preliminary Rice Creek Commons/TCAAP Commercial Zoning Discussion City Administrator Perrault explained this would be the first of a two-part discussion regarding a number of zoning changes at Rice Creek Commons. At a previous City Council meeting they discussed changes to the areas west of the spine road. This was in -light of the recent developer proposal to increase the density from 1,460 to up to 1,960 housing units. Council may want to consider modifications to the commercial zoning regardless of any density changes or as a result of anticipated zoning changes. If they allow warehousing at least 30% of the building must be office. For big box retailer in Retail Mixed -Use there is no provision barring big box. Should Council want to suggest changes, it should also provide direction on how to move those forward. He noted there are other parties that are a part of this discussion, such as the County Board, the developer, and the JDA. Mayor Grant said he wanted to see jobs in that area, not necessarily 70% warehouse. They could go into discussions about the 30% being a percent of total square footage or of the footprint, or what constitutes office. That structure could be changed. He thought as they shrink commercial they need to be careful in terms of the area's appearance and building materials, especially because 20% of the proposal is affordable housing. What should the exterior building materials be? Tip up concrete has gotten better, but they need to be sure it looks like good quality and will stand the test of time. Councilmember Holden asked who the County was negotiating with for Outlot A. City Administrator Perrault couldn't say as it has not been publicly disclosed yet. They are having a closed session in early January to discuss the purchase agreement. He didn't think the entire JDA knew, but he thought the County Board representatives did. Councilmember Holden commented that they are not partners with the County on Outlot A, then. City Administrator Perrault responded that we are not privy to the land sale. Councilmember Holden said they took the bid, they're the ones that are negotiating it and the City has no clue who they are, so they're not really partners. When the JDA had the commercial marketing experts in, what did they say about commercial? ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 11 City Administrator Perrault thought the main takeaway was to continue to offer flexibility to allow for more types of businesses to enter the space. They had a retail person come in and someone from Greater MSP and two others that were more housing related. There is less demand for office space but more demand for light manufacturing, R&D, etc. The message was the more flexibility we can have in the zoning codes to attract businesses coming in will serve the community better. Mayor Grant said the retail person and Greater MSP aren't developers, they've not built a building. Greater MSP knows about commercial but they're not a builder, they're not the people with money on the line. Councilmember Holden said they didn't have anybody like Ryan, Roberts or Opus come in. She asked if the developer (Alatus) was planning on buying some wetland credits. City Administrator Perrault didn't know the answer to that question, but he could ask. Councilmember Holden stated some developers are saying that small offices are going to be big, not large buildings, but like Saltbox is now; one building with multiple offices in it, especially in the suburbs because people don't want to go downtown. She heard that from two commercial developers. She thought it was important that if they are going to have homes that people want to buy and keep them affordable, gasoline prices are only going to go up and people will have to go to Rosedale or Mall of America on a bus to get to work, and that won't be conducive to living life if they don't have anything close by for them to work at. Mayor Grant said after the 32 acres was taken out of that section there was about 80 acres left. If they put in a big box store, they're not going to generate a lot of jobs. He thought they need to limit building size, something like 65,000 square feet maximum. Jobs per square foot become important. He thought if they get into the really large big boxes, they don't bring in a lot of jobs per square foot. Councilmember Fabel thought it was way too early to be discussing that level of detail. The indication is they need flexibility and they need to see what comes forward after they do the amendment to the Comp Plan. The developer is starting to talk to people that might be interested in coming to develop and he thought they had to give it time for that process to work out and not tie anybody's hands in advance. They want to have the availability of retail in walking distance for the people of the town center and the entire project. They want groceries available with affordability, and a big box such as Costco might fit in just fine. He said of number of residents have told him they'd like a Costco. Councilmember Rousseau asked when the information about Outlot A becomes public. City Administrator Perrault replied it would be after the County's closed session in January. Councilmember Rousseau asked what was the square footage of a grocery store like Cub, or the unnamed grocery store. Mayor Grant said Cub was 64,000 square feet. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 12 Community Development Director Jagoe thought the unnamed grocery store was 48,000. Mayor Grant wanted to leave enough flexibility to have grocery stores. He wasn't sure what the square footage of a Costco would be, but the parking lot can take up quite a bit. Councilmember Monson said the bigger trend from the retail person was to create a destination in order to be successful. A place where people want to live, walk, eat, drink and shop. Greater MSP highlighted a lot of things around a need for sustainability. They talked about having an office and a small manufacturing footprint, but not build to suit. At a Planning Commission meeting Mr. Lux said there is something like a million square feet of commercial space that is empty in the Twin Cities metro area. She thought it would be a good idea to have Mr. Lux come in to talk to the City Council about what he thinks would in demand for commercial space and the anticipated forecast. She also thought they should agree on an economic jobs plan that they recommend to the JDA. Because they have a developer, he can bring them things that they would want rather than just work within the codes. She thought zoning was just one tool to determine what goes in or to shape the city, and if they were really talking about jobs they should be doing that in an EDA meeting. They need to be an active participant in shaping the jobs, from incentives and programs. Councilmember Holden believed a lot of that was in the original JDA agreement. City Administrator Perrault said it was in the 2016 goals. They wanted 4,600 jobs that were either well or high paying jobs. Councilmember Holden said the developer was here to make money. If they have a 15 or 20 year build out she didn't want the first person who offers to pay for everything to get a prime piece just because they are willing to line the developer's pockets. She thought if they don't set expectations they're going to get what they get. Giant warehouses create giant parking lots that adds to run off and lower tax revenue. They have a master developer but they also have to take control of their own city and set expectations to protect the City's future and our resident's futures. Mayor Grant stated that's why you zone properties, to get something that the community desires. Mr. Lux builds apartment buildings, he can get someone else to build single family homes. Of course, he will say he wants more acreage to build more apartments. He didn't fault Mr. Lux for that, but he's not sure that was the City's vision. You can say let's be flexible but do you let the developers build what they want or to zone property to get something that is important to the City. Otherwise you'd just say the developer can build what they want where they want. He didn't know if they necessarily have to have a big box, he thought they didn't get the jobs. They sliced off 32 acres of jobs and they need to pay careful attention to what goes into the remaining 80 acres. You describe what you want in zoning and then you tell the developer to bring in something that matches. The developer's goals may not match up with what the City Council wants, at some point they need to be the leaders, not the followers. Councilmember Fabel said the Joint Development Authority adopted a term sheet with the developer last month. One of the specific provisions is an interest of the JDA and the developer in good paying jobs as part of the Rice Creek Commons project. It addresses exactly what the Mayor is talking about. It indicates the commitment of the JDA to pursue that along with the other ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 13 objectives set forth in the term sheet. There is no reason to suspect that the JDA will say to bring in a bunch of parking lots and warehouses. That wouldn't be consistent with the term sheet. He thought the Mayor was trying to tie the hands of the JDA, developer and County by specifically telling them what they can talk about and not see what the free market brings in. The terms of the term sheet can be fulfilled in any number of ways under the existing zoning code, or there may be some amendment to that but let's see what's out there under the concept of the overriding terms of the term sheet. Councilmember Monson thought the Council needs to set an expectation of what this City wants and what they want out of the jobs. She agreed that they don't want to fully hand over control to a developer, they need to protect the City. But instead of diving deep into the zoning today she thought they needed to have a conversation with Mr. Lux, and make sure the Council agrees to the goals that were written before. If there wasn't a dramatic departure from what was already written they can try to decide and see what they want to do for zoning around warehousing and retail. She was generally open to the warehousing adjustment, barring any market issues. She didn't love huge parking lots but she knew lots of people would love to have a Costco. Councilmember Holden said she believed that in the Joint Powers Agreement it says that the City of Arden Hills is responsible for the zoning. They are not tying the hands of the JDA, they've been given permission to do the zoning. She had history with Mr. Lux that he had made promises that didn't come true. He has great visions and great ideas but when they become expensive he can't live up to the dreams that he had. Mayor Grant added that it was stated there is a term sheet that recognizes that jobs are important, yet for some reason they've gutted 32 acres worth of commercial area which would have created jobs. If they were going to bring someone in to talk about commercial it should not be the developer, it should be someone from Opus, Ryan or similar. They are not tying the hands of the JDA, they're stating what the preferences are to the City. As the leaders of the City they should decide in consultation with residents what is important. Mayor Grant stated that when the Mayors get together and talk about businesses they feel jobs in the area are important to the surrounding cities too. Looking at retail and jobs is what makes a development important, unique and special. When you think of places that you want to frequent it's because they have the retail and the jobs. Councilmember Rousseau asked if they have an estimate of how many flex office jobs are anticipated for the area. Community Development Director Jagoe said there was no projection for jobs, but the area was projected to have 400,000 square feet of flex office. Removing the 32 acres would take about 300,000 square feet off. Councilmember Rousseau thought the 2016 goals were good in general. The big challenge is getting shovels in the ground and recognizing that markets are always changing. It sounds like in a month they will know what it happening with Outlot A. She felt they need to revitalize some of the economic development opportunities. She would be interested in meeting with the developer. She would like to see if there are any resources at the County to see if they are seeing any trends, and utilizing the EDA or EDC to try to support getting good jobs and businesses people want in ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 14 the community. She talked with people that have said it would be nice to have a bar that you could walk to, not just something like an Applebee's, she wondered how do they get those businesses to come to our community. Councilmember Fabel stated that all of those considerations are certainly valid. He told Mayor Grant that he keeps coming back to the fact that the southwest parcel has been changed; he fought that battle and lost that battle so he should get over it. The decision was made that the project was going to have more housing than the Mayor supported, even at the price of removing some commercial property. There is a lot of commercial space remaining. The JDA is a partnership between the County and the City. Certainly, the City has the legal obligation in zoning but it is done as part of a partnership. They want to develop the area to the west in a way that is constructive, will bring in employment, good paying jobs and small business opportunities as well. There is no reason to think the developer and the County are not also on board and want it to be a beautiful development that brings people in and that is going to happen. All of those items are laid out in the term sheet and he encouraged the Mayor to take a closer look at it to see what all the objectives are that are being pursued by the partnership. Part of the decision made by the partnership and now made by the City Council is that they are not to increase the amount of housing over that which had been previously agreed to by the City to a larger number. They have a decision to make in January of whether or not they will amend the Comprehensive Plan to accommodate that, and after that if it gets turned down, they're back where they were before and they can start talking about adding to commercial property again. But the votes that have been taken by the City Council are that they want additional housing and that area is needed for the additional housing they're going to have. The remaining property is for commercial development as a partnership with the City, County and developer and they're going to want to come in with constructive, creative, job producing opportunities that are in the interest of the City. Councilmember Holden said no one seemed to be concerned about the jobs that were lost until the Mayor brought it up. Secondly, she heard the Mayor saying they lost those 32 acres and they need to make accommodations so they still have jobs and what they have there is not meeting the expectations of filling the number of jobs up to 4,000 and making sure they are decent, well paying jobs. She encouraged the Mayor not to stop worrying about the number of jobs on TCAAP, they need the jobs because they are increasing the population. They want people to go there and eat at the restaurants during the day. It's hard to have a nice bar they can walk across the street to if the bar can only be open from 4:00-8:00. Mayor Grant responded that initially when he brought up the concept of jobs it was the loss of what the 32 acres could have brought. His point was they now have approximately 80 acres left and they need to make sure there are good jobs there. They have a precious asset of 80 acres and he wanted to make sure it was utilized in good fashion. He was hearing that they should just let the developer tell them what it should be, the developer is going to say what's going to be best for them, not necessarily for the City. Councilmember Fabel did not need to tell him about what the agreements are and what the committees are and say the word partnership again. He would remind Councilmember Fabel that he put those agreements into place; he knows what they are as he word-smithed them for the better course of a year. Councilmember Monson asked if there was any interest in having the developer come to discuss the goals that were set in 2016. Assuming the County signs an agreement on Outlot A, maybe that developer. She would prefer to have Mr. Lux there because he is their developer. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 15 Mayor Grant would be fine if the chosen developer for Outlot A comes, and he would be fine if that developer developed the rest of the commercial portion of TCAAP. He thought they brought together a really good plan. Mr. Lux is a housing guy, if they want to talk about commercial space they should bring in a commercial developer, someone that is independent. Councilmember Holden agreed that they should bring in two or three. They all see things a little differently. When they put the JDA and plan in the first place they had six multifamily developers come in to give them their thoughts and you could see the theme that was best for TCAAP. Councilmember Monson asked if they had a developer signed when they had the others come in. Mayor Grant said they did, and the other developers were happy to come in. Councilmember Holden added that they needed more than one person with a vision because everyone sees the future differently. Councilmember Rousseau would be interested in that, but she would like to understand what was happening with Outlot A before they have that meeting. She also wondered if there was a County Director of Economic Development that could provide input. Mayor Grant stated that he didn't know if Staff had good direction or not. City Administrator Perrault thought the conversation coalesced around having Mr. Lux and/or his commercial representatives invited to a meeting after the JDA work session and invite additional developers including the Outlot A development person to discuss commercial marketing conditions, zoning conditions that might be averse to attracting development, along with warehousing/commercial/manufacturing options that we allow or don't allow. Councilmember Holden didn't want the developer of Outlot A there because they may already have bias on what they're creating and may want to offset it so they can fill their commercial area first. She also didn't think a County representative should be there because they are biased and may want things in Arden Hills that may not be the best for Arden Hills. Councilmember Rousseau would still be interested in having the County understanding that there may be biases. City Administrator Perrault said he would start working on it and give the Council an update. Discussion ensued regarding the timing of the County approving Outlot A. E. Arden Manor Hardcourt — CDBG Discussion Assistant Public Works Director Miller stated there was a change order approved in July to remove the hard court from the Arden Manor Park improvements this past summer with the idea of pursuing future Community Development Block Grant funding. Staff recommends the first step be to hire a consultant to begin the CDBG process. Cost is anticipated to be about $5,000. There are two options the Council should consider with the CDBG program: the first is applying for CDBG to cover all engineering and construction costs resulting in a 2025 construction ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 16 timeline, or the City paying for the design engineering cost and applying for construction cost and construction admin cost resulting in a 2024 construction timeline. Staff would like direction on whether to pursue the grant and to consider direct selecting a consultant for professional services to administer and deliver the proposed project. Councilmember Holden thought they should do it. Councilmember Monson would support getting it shovel ready for construction in 2024 and was OK with direct selecting. Mayor Grant agreed, and said to go after the grant. Councilmember Rousseau supported it. Councilmember Fable said it made sense to do. F. Triangle Parcel Naming Discussion Assistant Public Works Director Miller stated that 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. Council requested that PTRC request another name. At the November 14, 2023 PTRC meeting, the commission motioned to recommend the name Checkerboard Park. Councilmember Holden was disappointed with the name even though there is a checkerboard there, but being a major gateway to the City she was hoping they would come up with a really nice park name. She contacted the person who designed the park, donated shrubbery to the park and took care of it for many years. He suggested several options: Arbor Park, because of the trees, South Point Park, because of the location and shape, Crossroads Park because of the five intersecting roads, and Pine Tree Park because it has so many pine trees that border it. She was hoping for a sophisticated name in a gateway location. If the park was an interior park Checkerboard park would fit better. Councilmember Rousseau said PTRC was considering the fact that it was a small park and has the checkerboard that makes it unique. Mayor Grant would choose any of the newly suggested names. He thought Crossroads was an interesting name, it does have some beautiful trees, it does point south and is in the south end of Arden Hills. He would go with Triangle Park before he'd go with Checkerboard. Councilmember Monson liked South Point and Arbor Park. Councilmember Holden could go with either one of those two. Mayor Grant agreed. Councilmember Rousseau preferred both of those over Crossroads. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 17 After a short discussion, South Point was agreed on as the new name of the park. G. EDA Member Discussion City Administrator Perrault said the State statute says the Commission should be made of three, five or seven members. The Arden Hills Commission is set up with five members which have traditionally been the five City Councilmembers. There is some flexibility, but there is a minimum of two Councilmembers that must be on the Commission. Would Council like to increase the number of members to seven and/or expand the opportunity. Also, would they like to change the date of the January EDA meeting as it falls on a night that the Council meeting has already been cancelled. Councilmember Rousseau explained that she wanted to see if there was any appetite to change the EDA to seven members. She would love to have one person from the Planning Commission and one person from the Economic Development Commission come to help make decisions about what their economic priorities are in this area. She felt there is a car wash coming to the Pace site and another car wash interested next door, that seems like a great location that they could have done something else with. What if they utilized the Planning Commission and Economic Development Commission knowledge to try to come up with economic development opportunities; what are they going to try to target in the area, such as do they want or not want night life. Councilmember Holden asked if she way saying the City would pay people to come in. Councilmember Rousseau responded that Rice Creek Commons might be an opportunity to reduce rent or something to get small businesses in. Councilmember Monson asked how much staff time would there be to have an active EDA? Community Development Director Jagoe replied that she didn't know that answer because it would depend on what the scope of the EDA was setting out to do. Councilmember Monson liked the idea of revitalizing the EDA. EDA's buy land and provide incentives. The Pace site is a major corner and they could have had influence by incentivizing there. She was open to seven members. Councilmember Holden said they've had a seller who has doubled the price of the Pace site above the market value and she didn't know how the City could have stepped in. The site has significant environmental concerns; are they supposed to fund the cleanup? How did they as City miss the boat on Pace? She didn't think that was a good example. Maybe they need to zone it differently but there have been opportunities for nice things there but the seller hasn't been willing to lower the price or allow them in to do a phase one. Mayor Grant said he wouldn't want the City to buy property that has environmental concerns like that one does and is overpriced. The good news is there is interest in the site. He didn't know if expanding the EDA benefits them in any way, but it doesn't hurt them in any way. Just because they can do something doesn't mean they should. He preferred to leave the EDA the way it is. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 18 Councilmember Holden said at least as a Council you know of all of the other monetary restrictions that are imposing on you as a city, where if you add two outsiders that are only thinking about economic development, money is no object. Councilmember Rousseau asked how they were going to address the development at Rice Creek Commons, were they going to go through the developers and put together a plan? Mayor Grant said the EDA can utilize the same tools with a five -member board as they can a seven -member board. Councilmember Rousseau said the key topic of conversation in the EDA over the last couple of years had been gateway signs. Councilmember Holden noted that when they were looking at TCAAP one of the environmental specialists told them never to be in the line of title on TCAAP or any polluted land because you start getting into the liability issues. Mayor Grant said he wasn't seeing any pressing need or advantage to increasing the size of the board. Councilmember Holden felt it would be nice if they got the committee going and knew how it was working before they added additional members. Mayor Grant agreed that might be a good idea. Councilmember Rousseau was willing to do that and maybe look at it again in six months. Mayor Grant thought they might want to have the next meeting on the second Monday in February. City Administrator Perrault noted they would also have a work session that night. There would be an item regarding the Primer Tracer concept plan/zoning and potentially a discussion with developers regarding Rice Creek Commons. Discussion ensued regarding the sale of the Primer Tracer land. Councilmember Rousseau suggested February 26 for an EDA meeting. Councilmember Holden wasn't available. Mayor Grant suggested the second Monday in March, as they are already scheduled for a Council meeting and work session that night. H. Rice Creek Commons/TCAAP Discussion Councilmember Rousseau commented that during the open house 1.7 people per unit was presented by the developer, she was wondering if they could get some clarification about where that number came from and what the impact was with planning. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 19 Councilmember Monson thought what he would design wouldn't be the same as how Mounds View School District would assess numbers. Mayor Grant suggested they ask the school district demographer what they think. Councilmember Holden thought they should ask the developer because if they were building affordable housing they would need to know how many three -bedroom units they were building. Councilmember Monson said he spoke on the tour about a building that had a lot of three and four -bedroom units because the city of Hopkins gave them multiple millions of dollars in order to have a strong family -oriented building. She loved the idea of having units that are family focused. Councilmember Rousseau asked if the average number in Arden Hills was at 2.1 or 2.3 units per household? Mayor Grant thought it was around 2.3. The number fluctuates but it's in that general range. Councilmember Holden said one of the things they strived for was to not have concentrations of affordable units all together. Councilmember Monson thought they were all aligned with that. City Administrator Perrault stated the 1.7 number stuck out in his mind as the developer was talking about market rate apartments but not the site as a whole. He thought the explanation was one to two people occupied per market rate unit but up to four in the affordable units. He can ask for clarification. I. Council Tracker Councilmember Holden asked if the tracker was up to date. City Administrator Perrault said to his knowledge it was. In the past Council had asked staff to not take anything off of the tracker until they were told by Council. 4. COUNCIL COMMENTS AND STAFF UPDATES Councilmember Rousseau said PTRC had a few motions that she wanted to bring Council's attention. They were asking to have some of the members attend a work session for clarity on plans to improve the roundabout at Lindey's. Some residents were disappointed with the grass and PTRC put together a few other options. Councilmember Holden said staff only has so many hours and they have raingardens that need to be cleaned. If they do this the City takes total responsibility for that area from that point on, to her they needed to know if Public Works had time for that. Also, where did PTRC separate from roadways and site lines? She would like to hear from staff to find out the financial implications and how much more work it will be before they meet with PTRC about it. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — DECEMBER 18, 2023 20 Councilmember Rousseau said the PTRC had talked about a fire pit donation from a resident. And they would like to hold an open house before spring break to highlight the parks and emphasize opportunities coming up in Arden Oaks and options for the roundabout. Mayor Grant said regarding the fire pits, comments were made at the PTRC meeting regarding the Foundation. One individual on the Foundation was aware of it. A builder built a spec home that had two firepits and the people that bought the home didn't want them. Residents suggested giving them to the City. The Foundation hasn't received them or talked about it. He didn't know why the Foundation would be intermediary to receive them. The resident that bought the spec home is not the resident who is giving the fire pit. Councilmember Holden noted the fire pits were propane. Mayor Grant mentioned the last time someone made a makeshift fire pit they burned down one of the park shelters. He thought they needed to hear from staff about it. ADJOURN Mayor Grant adjourned the City Council Work Session at 8:00 p.m. Jolene Trauba David Grant Deputy City Clerk Mayor -ARQEN_HILLS Approved: February 12, 2024 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING DECEMBER 18, 2023 IMMEDIATELY FOLLOWING CITY COUNCIL WORK SESSION ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the Special City Council meeting at 8:04 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault; Assistant Public Works Director Lucas Miller; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to approve the meeting agenda as presented. The motion carried (5-0). 2. CONSENT ITEMS A. Motion to Approve 2024 Collective Bargaining Agreement — IUOE 49 MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to approve the 2024 Collective Bargaining Agreement — IUOE 49. The motion carried 5-0. 3. PULLED CONSENT ITEMS None. 4. COUNCIL/STAFF COMMENTS ARDEN HILLS SPECIAL CITY COUNCIL — DECEMBER 18, 2023 2 Councilmember Rousseau mentioned a code of conduct and noted the upcoming meeting with Aimee from the League of Minnesota Cities on January 3. She asked if there was interest in trying to see if a code of conduct for committees and commissions could also be added to that discussion. She asked if there would be interest in having two Councilmembers work together on drafting a document with redlines, and offered to work with the Mayor on this. She thought North Oaks may have something, or other businesses as well. Mayor Grant noted the League may have something. Councilmember Monson stated she would be okay with that (two Councilmembers working on a draft). Councilmember Holden stated she was not in favor of this. Mayor Grant asked if Councilmember Holden was okay with the code of conduct, just not combining it with the January 3 meeting with Aimee. Councilmember Holden said she was not okay with adding this to the agenda to talk about on the Yd. She said she has a time issue. Mayor Grant suggested this not be added to the meeting on the 3rd but rather they would come up with a code of conduct and bring it back to the Council. Councilmember Holden agreed. Councilmember Rousseau said that sounded good. Councilmember Rousseau stated the next PTRC meeting would be on January 23 and she would like to have the PTRC item on the next meeting. Councilmember Monson asked if a resignation had been received. Administrator Perrault said the answer to that question was no and indicated the next Council meeting is January 8. Councilmember Monson asked if Councilmember Rousseau was asking Council to make a motion on removing the member if a resignation was not received by then. Councilmember Rousseau stated yes, at the January 8 meeting. Councilmember Monson indicated that that was in line with what was discussed in earlier conversations. Mayor Grant noted that he has always said if a Councilmember brings forward an agenda item, he would not turn away the agenda item nor filter those as long as it's clearly understood. He said he's received requests that weren't clear in the past. He stated if Councilmember Rousseau wanted that on the agenda, it was up to her and requested she provide the request in writing. He noted he ARDEN HILLS SPECIAL CITY COUNCIL — DECEMBER 18, 2023 would work with the Administrator to put this on the agenda. He asked the request be provided in a sentence or two. Councilmember Monson said she thought the Council had talked about this in that if there was no resignation before the December 18 meeting, there would be a special meeting to take action. She stated she was pretty sure this was where they landed. Councilmember Holden said it is going to be on the January meeting. Councilmember Monson stated it seemed like there was hesitation to do what they had agreed to do and she didn't understand that. She asked for clarity on why they wouldn't do that or if there was a reason they didn't believe that that wasn't what they should do today. Mayor Grant stated he just wanted a request, that's all, just a couple of sentences. Mayor Grant asked for additional Council comments, of which there were none. ADJOURN MOTION: Mayor Grant moved and Councilmember Rosseau seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Special City Council Meeting at 8:10 p.m. Julie Hanson David Grant City Clerk Mayor DRAFT -ARQEN_HILLS Approved: February 12, 2024 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION JANUARY 3, 2024 5:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Work Session at 5:30 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault and League of Minnesota Cities Insurance Trust (LMCIT) Collaboration Services Manager Aimee Gourlay 1. AGENDA ITEMS A. Council Discussion with LMCIT Collaboration Services Ms. Gourlay said the goal is to give them the opportunity to discuss what they might like to do or change about the Norms of Behavior/Code of Conduct, and what the process would be for moving forward. She reviewed the items they hope to achieve; productive and efficient Council meetings, improved teamwork and agreement on process. She asked if anyone wanted to add anything else. Council also requested to talk about respect and decency. Ms. Gourlay said she would add that under meeting management. She explained the agenda and said she had brought a short Code of Conduct summary from the League of Minnesota Cities. She said the League doesn't have a standard code as they are specific to each community. Some cities have very detailed codes and Duluth has one paragraph. She expanded on the items they would be discussing. The idea was to share and hear others ideas and incorporate as many considerations as they could. The goal of a Code of Conduct is to increase their ability to have positive conflict that helps get good outcomes, and decrease the likelihood of interpersonal negative conflicts that can detract from making good decisions. Ms. Gourlay explained the Norms of Behavior 2016 could be a starting point because it already exists. Discussion was probably more important than the paper at this point. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 3, 2024 2 Council discussed issues in the past related to processes and how they have or have not come to agreement on items. Ms. Gourlay said it was about perceptions and how you're feeling about the discussion. What they seem to agree on the need to balance the meeting efficiency with making sure everyone's voice is heard and making sure the conversation is appropriate to the topic. They could talk about how to move on when all opinions have been voiced. If they feel like they're hearing the same thing and want to move on for efficiency sake, how does the Mayor know? Council discussed how side comments or underhanded remarks affect decorum. Ms. Gourlay said you're probably not listening well if there are side comments, and people will shut down if they're hearing things as attacks. That is a part of meeting decorum. It can be difficult if Councilmembers are speaking for long periods of time. So how do they balance making sure everyone has a voice? Maybe everyone says their initial thoughts and has longer to speak after that. Ms. Gourlay thought there was already a divide about how they were feeling about respect. She wondered if only some people were experiencing that or if it was a council -wide consideration. Council discussed past issues or events that they have felt contributed to feelings of disrespect or mistrust. Ms. Gourlay thought getting to a point of understanding that could be another piece of the code. And whatever code they come up with everyone has to be willing to go along with. She watched a video of a meeting but she didn't see much of this dynamic. Ms. Gourlay said there may be a need to address some of the past hurt in some way however, something that can be helpful is to look at places they've been more successful and see how they can take what is working and build on that. Council discussed teamwork and their perspectives on information sharing. Ms. Gourlay stated they're talking about Code of Conduct, but it really keeps coming back to this one issue. She asked what they needed to move forward. Council discussed better communication moving forward and past issues, also discussed looking forward not at the past when making decisions. Council discussed adding agenda items to formally report back to Council, such as, Committee/Commission updates. Ms. Gourlay said one thing they were talking about was committee reports and separating that from Council Comments. They also talked about agreeing to disagree about the past and not bring it up going forward. They talked about annual committee updates and sharing City goals. Ms. Gourlay commented that one of the things she's observing is that it's hard to get to consensus because what they're talking about keeps shifting. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 3, 2024 3 Ms. Gourlay reiterated they wanted efficient meetings, to stay on appropriate topics, everyone's voice be heard, and to avoid personal comments. Some of the items they are considering would address some of that list. Ms. Gourlay said sometimes councils have struggles with how to get things on the agenda, what's the complaint process, or the process for taking something off the consent agenda. Oftentimes it has to do with how things get heard. She wondered what's the process for assigning committees, is there an assumption that everyone gets a committee and similar types of things. Council discussed adding committee/commission reports to future agendas, and about tying it into committee/commission liaison responsibilities. Ms. Gourlay recommended they have a work session item for discussion of committee updates before it be brought for a vote at a regular meeting so there is no misunderstanding of what the policy will be. She asked if this session was a useful conversation. Council discussed not bring up past issues when making decisions affecting the present and future. Ms. Gourlay said they should move forward with discussing the issues they talked about at work sessions and if they would like her to come back she could. She could also arrange for not full group discussions. Ms. Gourlay said they remind her of good people with knowledge coming together from different places but the team can't come together. Council thanked Ms. Gourlay for her time. 2. COUNCIL/STAFF COMMENTS City Administrator Perrault said he had emailed two questions to the Council. The 2024 PMP was at 80% plan and was scheduled to be an item on the upcoming work session, did they prefer to leave it on that meeting. Also, did they want to schedule a retreat, if so he will find a date. Councilmember Rousseau would rather do a special work session on January 22 for the PMP, and she would love to have a retreat in March or April. Councilmember Monson was comfortable with having the PMP discussion on either date but she could make January 22 work. Mayor Grant explained there's what they go in at and then there's the bid. So, 80% was probably close enough. Councilmember Monson said then she was fine with it being on January 8 at 80%. She would like to have city goals at a retreat but didn't think they needed the personality piece. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 3, 2024 4 Mayor Grant felt a retreat was the wrong way to approach it. He thought it would be better for the group to look at some strategic topics and discuss them. He didn't know if they needed someone else to help them do that. He thought a facilitator would make it more touchy-feely and they would probably waste time with ice breaker type stuff. Councilmember Fabel agreed. Councilmember Monson said she found Ms. Gourlay to be valuable in these discussions. Councilmember Rousseau asked if they were going to go through the list of work session topics at the next work session and prioritize them. Mayor Grant was thinking more strategic than chickens or food trucks; he was worried more about bigger things like trails and the fire station. City Administrator Perrault said he was planning to include the list of work session priorities on the next work session so Council can let staff know what they want to bring forward in what order. Councilmember Rousseau explained that things they see on the list as a priority could be what they base a strategic plan on. Councilmember Holden asked if they were going to update the Council Tracker. City Administrator Perrault said past practice was they only removed things at Council direction. Councilmember Rousseau asked how they were moving forward with a Code of Conduct for committees. Ms. Gourlay said she had examples from other cities to send to the Mayor and Councilmember Rousseau. ADJOURN Mayor Grant adjourned the Special City Council Work Session at 7:09 p.m. Jolene Trauba Deputy City Clerk David Grant Mayor DRAFT -ARQEN_HILLS Approved: February 12, 2024 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL WORK SESSION JANUARY 8, 2024 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the Special City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Finance Director Joua Yang, Community Development Director Jessica Jagoe, Public Works Director/City Engineer David Swearingen, Assistant to the City Administrator/City Clerk Julie Hanson, Senior Communications Coordinator Luke Cardona, Bolton and Menk Principal Engineer Brad Fisher, Maplewood Development President Mario Cocchiarella and Alliant Engineering Vice President Clark Wicklund 1. PUBLIC INQUIRIESANFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. 2024 PMP Update Discussion Public Works Director/City Engineer Swearingen explained that this was an update to the Council of where they are at with the PMP. This will be the last conversation with Council before it is brought forward in February for approval of final plans and specs, and to authorize bidding. Mr. Fisher stated they would be discussing the project overview — final design scope, RCWD requirements, preliminary estimated costs, preliminary assessment roll and the project schedule. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 2 He reviewed the scope of work and alternates. He explained the difference between reclamation and full depth resurfacing, and mill and overlay. Mr. Fisher discussed the maps showing the north and south halves of the project area. He reviewed the water quality improvements that will be a part of the project or alternates to the project. He noted the Council had approved applying for a storm water management grant, that has been submitted to the Rice Creek Watershed District (RCWD) and that could finance 50% of the SAFL Baffle which is estimated to be about $95,000. Mr. Fisher explained the proposed watermain replacement work on James Avenue, the parallel parking along Royal Lane at Floral Park, and the trail and retaining wall rehab included in the project. He reviewed the RCWD requirements. Mr. Fisher reviewed the summary of preliminary estimated costs that included a 10% contingency and 27% for indirect overhead costs. Final costs will be presented at the February Council meeting. He also reviewed the summary of funding sources, the special assessment process and the application of special assessments. He explained where they were on the project schedule and next steps. Mayor Grant stated that essentially Mr. Fisher was asking for approval to go ahead, and that he has the numbers close enough that Council won't be surprised. Councilmember Monson wondered what the 2023 PMP estimated cost was versus actual. Public Works Director/City Engineer Swearingen said there was a PMP in 2022 where they reconstructed Snelling Avenue North and the Arden Oaks neighborhood. Last year was the roundabout and trails. Councilmember Monson asked why not all of the houses on the James Avenue section weren't being assessed. Mr. Fisher explained that per the assessment policy each property was assessed based on the street address, so the properties not being assessed were not facing James Avenue. Public Works Director/City Engineer Swearingen added that in 2018 they reconstructed Indian Oaks Trail and Indian Oaks Court and those homes were assessed during that project. Councilmember Monson said she assumed the estimates did not include a grant being received. Mr. Fisher replied the estimates are the cost the City will be obligated to, if they get the grant, it would be deducted from one of the funding sources. Councilmember Rousseau asked what kind of feedback they got from residents about the amount of the last PMP assessment. Public Works Director/City Engineer Swearingen said everyone questions what the amount is and if it's relevant to other costs throughout the City, so they go historically back to other projects. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 3 He recalled the Snelling Avenue North and Arden Oaks neighborhood had reclaim assessments of around $4,800 per property. He felt the assessments for this project were accurate. Councilmember Rousseau asked if they had looked at a specific section of trail. Public Works Director/City Engineer Swearingen didn't think the trail section was maintained by the City, he thought there was a homeowner's association that maintained it but he could check on it. Councilmember Holden wondered if there were other pinch points in the watermain in the James Avenue area. Public Works Director/City Engineer Swearingen said the watermain was being replaced because it is undersized. Councilmember Holden asked if the price includes project management. Public Works Director/City Engineer Swearingen replied it did, it was included in the 27%. Councilmember Holden asked when they would dredge the pond if they didn't get the funding this time. Public Works Director/City Engineer Swearingen stated the pond in this area along with most of the ponds in Arden Hills haven't been dredged since they were created. They are starting a dredging program and rolling it into the PMP. There are some higher priority ponds included in the next four years. Mayor Grant thanked Mr. Fisher for presenting. B. Concept Review for Primer Tracer Property Mr. Cocchiarella introduced himself as the owner of Maplewood Development Company. They have been in business for 43 years and he has developed some 15,000 residential and commercial lots across the metro. They are familiar with remediation sites; he also owns Belair Sitework Services and they are uniquely qualified to handle a site like this. Mr. Cocchiarella felt it was important to know that the site has some natural relief to it, there are berms along the southern boundary of the site that may not stay but he thought the site was sheltered from County Road I and I35. There is also a relief of separation from the Rice Creek Commons site. He thought they could take advantage of the natural topography in addition to the landscaping they will provide on the site. Access to the site is unique, there is a 100-foot easement off of County Road I that has been granted to Ramsey County but there is a clause that demands it be subgranted to the developer of the site. He would let the engineer speak to the challenges with sewer and water connections, and if Ramsey County decided to build trails or park facilities on the site to the west. Mr. Cocchiarella said they would like to have some flexibility on the site. He explained one of the concepts they have planned so far. He would like the Council to consider rezoning the ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 4 property to I-2 in hopes of attracting a national tenant. He further explained the separation of the site to the surrounding areas. He noted there are many buildings on the site, there will be demolition, excavation or removal of the underground heating system that is wrapped in asbestos, along with other site cleaning. They plan to mass correct the site, compact it and get it ready for the buildings and parking areas. Demolition, remediation, and site preparation will take six months. Mr. Wicklund stated that both Arden Hills and Shoreview have utilities in the general area, but not to the immediate area. There is a 12-inch water main and a nine -inch sanitary sewer to the north that go into Shoreview. To the west there are utilities available from Arden Hills; an eight - inch sanitary sewer line and a 12-inch water main. He anticipated the area being serviced by the nine -inch line to the north as the County considered utility extensions from that direction. Water would potentially be connected to both locations. Mr. Cocchiarella said they were the high bidder for the property but they have not closed on it yet. There are some stumbling blocks with the Army; in the event of any discovery of contamination the Army needs to have unfettered access back into the site, and nobody will put a mortgage on that. Something needs to happen to change that but he's not sure what that could be. They are prepared to close and move ahead, but that is a big stumbling block. He explained the three key issues he saw: the source of sewer and water services, the easement that will provide access to the Ramsey County Park and to this property would have to remain a private road, and the zoning request to I-2 which would be a bit more flexible than the current zoning. Councilmember Holden asked if the County had intentions to have a road that comes to that parkland area. Mr. Cocchiarella didn't think there was any other way to get through there based on the impediments of wetlands and Rice Creek. Councilmember Holden asked how they would bring the water line through the nature preserve. Mr. Wicklund responded they would likely direction bore that line. Councilmember Holden suggested they talk with Betty McCollum's office to see if there are concerns because that is a sensitive area with Blanding's Turtles, Rusty Bumblebees and different plants. She asked if they could bring utilities from Mound Road. Mr. Wicklund said Ramsey County had communicated that the corridor easement area had been provided with the expectation that there be a private road to serve the property. Mr. Cocchiarella added the easement agreement from the Army is very specific to the site and the Ramsey County site. Councilmember Holden asked if they would participate in the MPCA Voluntary Investigation and Cleanup program as it was easier to get brownfield money. Mr. Cocchiarella stated they hadn't anticipated doing the project in any way other than as a market rate deal. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 5 Councilmember Fabel asked if the private road would preclude any commercial use of the property. Mr. Cocchiarella said it gives them their access and the easement agreement is set out specifically to provide access to that site so commercial would be included. Councilmember Fabel asked about a hold harmless agreement regarding the remediation. Mr. Cocchiarella replied that the NBCA is a governing body they deal with a lot. Once the property is cleaned up, then they want a deed that is clean too. His legal counsel is telling him that one of the problems is the CERCLA Clause which is Federal law. He hoped that once it was cleaned up the Army's access could be limited. He thought the difference between this site and the land to the south was there wasn't any PCBs on this site. It's about the pipe that provides heat and once that's removed along with the creosote they are hopeful they can find a way through it. Councilmember Rousseau asked if they have any estimates of how many jobs the two different scenarios might bring in or the average pay. Mr. Cocchiarella said across the site there is potential for 100-400 jobs. Councilmember Rousseau wondered if this property was included in the energy aspect scope of Rice Creek Commons. Councilmember Monson said at this time it is separate. Councilmember Rousseau asked if solar might be a possibility on the roofs. Mr. Cocchiarella felt that wouldn't generate enough power for what the potential needs would be inside the buildings, but it was an option. He thought the market was looking for that with users that want alternative energy sources. Mayor Grant noted they are estimating one million square feet. Mr. Cocciarella responded that was roughly what they were estimating, but the second option would be more like $750,000. Mayor Grant said they seem to think Option 2 would bring in more of a regional account. Why did they believe that? Mr. Cocciarella said they owned a 36-acre industrial site right across the freeway. They just sold it and the number of companies that contacted him for trailer storage and for transportation related distribution was off the charts. The need for that kind of distribution center is very high. There are a lot of national companies looking for that. Mayor Grant said not all warehouses are the same, some are much more automated than others. He'd like to see this generate some jobs. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 6 Mr. Cocciarella stated they won't really be in control of that as they market the site, but the hard reality is too many people want to stay home and finding labor is difficult. So, they mitigate that through the kind of workforce they think can manage the kind of operation they have. Mayor Grant said it would be nice if one of the buildings could incorporate an office/warehouse concept. Mr. Cocciarella explained they all have some office component, many in the 5,000 square foot range, some up to 10,000, and the rest is warehouse. Mr. Wicklund added the footprints they use are an office flex footprint with a 20/80 split. Councilmember Monson said they were also interested in EV charging and she assumed if their clients were also looking for EV charging they would include that. She wondered if the market was already there or if Amazon using EV was the tip of the spear. Mr. Cocciarella said EV charging has become kind of the norm, he fully expects there would be something like that here and he didn't see any problem getting the electric to service that. Councilmember Monson asked what the second type of use would be. Mr. Cocciarella felt there would be a mix of trailers for distribution; outdoor storage limited to semi -trailers. The first option did also show the potential for trailer storage. Councilmember Holden stated all jobs were important but so is tax revenue, so she wanted decent buildings, not a slapped together warehouse that would give the minimum amount of taxes. Mr. Cocciarella felt the benefit in dealing with someone like him was that they would come back for approval on each building so they would see the vertical construction. He didn't think there was junk anymore, the buildings were all pretty high quality. Councilmember Holden agreed that there was a high demand for outdoor storage, at places like International Paper they don't have enough space to put their trucks. Councilmember Monson asked for an explanation of I-1 versus I-2. Community Development Director Jagoe replied they have very similar land uses that are allowed in each district. She felt the reason why Maplewood Development was seeking I-2 was that manufacturing and processing has Class 1 and Class 2, Class 2 allows for outdoor storage and that is only permitted in I-2. Mayor Grant wouldn't want a building removed for trailer parking for a business of its own, he felt it should be an accessory amenity to a business in the building. Councilmember Holden asked if they could make a building 20% office in I-1 or I-2. Community Development Director Jagoe said she would have to look at the code specifically for that information. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 7 Councilmember Fabel asked if there was a deadline for the closing date. Mr. Cocciarella said the deadline had past. In addition to the problems with the deed restrictions, there have also been problems with the access easement not being described correctly and title issues but he thought they could get through those. Both parties want to close so they are trying to work it out. Councilmember Monson commented that she would like to see topography views or visual renderings. She wasn't particularly excited about outdoor storage right next to the nature center or Rice Creek Commons. Discussion ensued regarding which option would need which zoning district and what was allowed in those districts. Councilmember Holden said since they could control the I-2 she felt that was a good use, there was a need for it, it needs to be cleaned up and it would be nice to get some tax dollars out of it. Mayor Grant said his preference was Option 1 but Option 2 would be acceptable. Councilmember Rousseau agreed. She understood that the market would drive the possibility of Option 2. Councilmember Monson was open to either concept. The challenges on the site will be difficult and given Maplewood Development's experience with contaminated land she supports the project. C. State of the City Update Senior Communications Coordinator Cardona explained he'd like Council to review and give feedback on the presentation, determine what method they'd like to use for Q&A, and decide if the Council would like postcards mailed to residents and/or businesses. City Administrator Perrault added that this was the last official meeting they would have before State of the City. Council will get an electronic version of the entire presentation closer to the date. Councilmember Holden stated she thought they needed to add the city logo with the tree to the slides. Mayor Grant thought he should introduce the Council and Staff. Senior Communications Coordinator Cardona said that would be included in the script. Councilmember Holden felt it was hard to read white lettering on the organization chart. Senior Communications Coordinator Cardona noted that in 2022 there were 30 informational slides, so far this year there are 27. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 8 Mayor Grant said they should send postcards. He thought when they didn't send postcards they didn't have a good turnout. City Administrator Perrault said 2018 was the last year they sent actual postcards and only to businesses. Councilmember Rousseau would like to do note cards for Q&A and put them together if there are multiple questions on a topic. She wondered if Community Members were ever put above the Council on the org chart. Mayor Grant said to also include Businesses at the top of the chart. Councilmember Rousseau asked what the game plan for THC, Committees and Commissions and NYFS. City Administrator Perrault replied that he would be crafting those, they would be simple overviews. Discussion ensued with comments for changes to the presentation slides. Senior Communications Coordinator Cardona clarified that the Q&A would be on note cards handed out to attendees. He asked if they were sending postcards to businesses only or also to residents. After discussion is was decided to send postcards to businesses only. Senior Communications Coordinator Cardona stated that if they had other changes to work directly with the staff person for that department. He would have the final version of the presentation and scripts for everyone the week before the event. D. Public Works Maintenance Flexible Schedule Discussion Public Works Director/City Engineer Swearingen explained that at a previous Council meeting Staff was directed to request a proposal from the Public Works Maintenance Workers regarding a flexible schedule. The proposal would be to define the winter months as the first full week of November to the last full week of March, and summer hours defined as any days outside of winter hours. Proposed summer hour times: 6:30 am to 3:30 pm Monday — Thursday, Friday 6:30 am — 10:30 am. Winter hours proposed: 7:00 am to 3:00 pm Monday — Friday. He approved this schedule, there was no loss of working hours, but downtime in the middle of the day would be shortened. There would be longer work days during summer hours Monday — Thursday and Friday would be utilized as a short maintenance day and regrouping/setting up for the next week. Councilmember Rousseau was fine with the changes. Councilmember Holden reminded them that the City doesn't allow workers until 7:00 am, and they need to make sure staff follows the same rules. She wondered if they could do this as a trial. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 9 City Administrator Perrault said ultimately this wouldn't require Council approval as Superintendent Frid and Director Swearingen would be allowed to set the maintenance employee schedule, but it may require a Personnel Policy change. If Council is comfortable with this, it could be done with a trial period and if it works out it could be made permanent or adjusted. It isn't intended to be a union negotiated contract item. Mayor Grant thought the contract said management sets the hours so they're not giving that up. Councilmember Fabel agreed with the proposal. Councilmember Monson also agreed. Mayor Grant said as long as they could assess it and put it out as a trial he was OK with it. E. Ground Mounted Solar Energy Systems in Residential Districts Discussion Community Development Director Jagoe said that in November, 2023, the City Council reviewed Planning Case 23-018 from Mr. Wahlberg for a request to amend city ordinances to allow for ground -mounted solar energy systems in residential zoning districts. Based on discussions with Councilmember Monson, there are two draft ordinances for Council review. Attachment A removes screening requirements entirely and Attachment B is a modified version of screening requirements. Both revisions have been amended to allow for ground -mounted solar energy systems to be located in the side yard and remove language for glare and nonfunctioning systems. Councilmember Monson added that her preference is the no screening option but she believed the Council would want to go with some language for screening in case there was a problem. Overall, they are extremely difficult to screen, and screening could create problems for the facility. Councilmember Holden you could have someone with a large yard so it wouldn't be visible from their house but the neighbor would look at it. If it doesn't reduce the efficiency, she thought they should be able to say there should be some screening. Councilmember Rousseau said the Planning Commission has concerns around this issue such as screening impacting the overall effectiveness, and additional costs. She was OK with removing the screening. Councilmember Fabel asked if the no screening option gave more discretion to the department to review each application? Community Development Director Jagoe replied that with the no screening option they wouldn't require or look for that, so the applicant wouldn't need to produce anything that said where they had fencing or trees. Councilmember Monson said in her experience of doing this for the last ten years you can't hide the systems, so she wouldn't ask people to spend more money to try to hide them. Councilmember Fabel said he would go along with that. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 10 Mayor Grant asked if they choose the option for some screening, could they waive the screening. Community Development Director Jagoe said yes, if the applicant can show that the screening reduced the efficiency of the system or the cost of the system was increased as a result, they could say it wouldn't be required; the language in Draft Ordinance #2 would allow that review. Mayor Grant said due to the many different kinds of lots in Arden Hills, he would rather have the screening and waive it than not have the screening and someone proposes something they felt required screening. Councilmember Holden asked if there was a number of units allowed. Community Development Director Jagoe said this would be considered a detached accessory structure so two would be the maximum. They would be limited to the lot coverage requirements just like any other accessory structure. They would evaluate it with whatever the zoning district requirements are to make sure they don't exceed the coverage requirements. Mayor Grant could go either way. As a practical matter they're mounted so high they are difficult to screen. He directed staff to move forward with one option and if they find the need to change it they can change it later. F. Work Session Priorities Mayor Grant asked for comments. Councilmember Rousseau said she was hoping to have the PTRC items on the February or March work session. She was also wondering about the accessory dwelling unit discussion. City Administrator Perrault said an application had come in so they have to discuss it. Community Development Director Jagoe added a resident had submitted a land use application so they are working with her. The language would be for the concept review to see if there was a willingness to allow for accessory dwelling units. Councilmember Holden asked to add infill, and discussion of a single person issue such as one person asking for ducks and it gets on the list. She would also like a building materials update. She also asked to have the list arranged in groups like committee things, management etc. Mayor Grant asked if they really need to talk about the Coon Rapids JPA. Public Works Director/City Engineer Swearingen said they normally do this time of year, but if Council was trusting of staff to handle the process he was OK dismissing the item. He did want to have discussion regarding Red Fox and Gray Fox, he would write a memo and if Council wanted to discuss they could bring it back. Councilmember Rousseau would like to talk about doing a community survey as well as the economic development vision for the City outside of Rice Creek Commons. ARDEN HILLS SPECIAL CITY COUNCIL WORKSESSION — JANUARY 8, 2024 11 City Administrator Perrault clarified that there were some items they were going to have to get to, and he would like Council to affirm the next work session items so they can agree to what is coming forward. Councilmember Monson asked if they could just give him a list of their own priorities and see if any of them happen to line up? Councilmember Rousseau thought that was a good idea. G. Monthly Committee/Commission Reports Not discussed. H. Rice Creek Commons/TCAAP Discussion Not discussed. I. Council Tracker Not discussed. 4. COUNCIL COMMENTS AND STAFF UPDATES None I_\ laLei I] nei Mayor Grant adjourned the City Council Work Session at 6:50 p.m. Jolene Trauba Deputy City Clerk David Grant Mayor ,-`ik�EN HILLS Approved: February 12, 2024 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 8, 2024 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 Dave Swearingen; Community Development Director Jessica Jagoe; City Attorney Amy Schmidt; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Rousseau requested Items I IB be discussed prior to I IA. Councilmember Rousseau requested items pulled from the Consent Calendar be addressed after Item I IA and 1113. Councilmember Holden stated she disagreed with this recommendation. Mayor Grant recommended pulled Consent Calendar items be addressed under Item 9. Councilmember Fabel explained he supported Councilmember Rousseau's recommendation to have pulled Consent Calendar items discussed after Item I IA and I IB. Councilmember Monson questioned what items would like to pull from the Consent Calendar. Councilmember Holden requested Items C, D, G, H, I and J be pulled from the Consent Calendar for further discussion under Item 9. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 2 Councilmember Monson indicated she did not object to pulling these items from the Consent Calendar. However, she did support the pulled items being discussed after Items 1 IA and I IB. Councilmember Holden explained she disagreed with this recommendation and questioned why the Council would push items to the end of the agenda. She did not believe this action was transparent in nature. She believed the pulled Consent Calendar items should be discussed under Item 9 like they always were. Councilmember Fabel indicated he concurred with the recommendations of Councilmember Rousseau and Councilmember Monson. MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to approve the meeting agenda as amended moving Item 1113 before 11A and discussing all pulled Consent Calendar items prior to Item 12. Councilmember Holden suggested Item 10 be discussed after Item 11. Mayor Grant supported this suggestion. City Administrator Perrault reported the Public Hearings had to be held prior to discussing Items I IA and 1113. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Perrault stated since the last City Council meeting, the JDA had their first meeting of the year on January 2nd, at that meeting they approved their 2024 schedule and received updates on the infrastructure work at RCC, the traffic study, the energy advisory committee and reviewed the 2024 roadmap and development agreement schedule. At tonight's meeting, Council will be reviewing the TRC changes and as part of the discussion the preliminary traffic study results will be highlighted. For the infrastructure update, the County is going to be seeking a consultant to complete the design of the spine road and associated trunk utilities. Under their current plan, they estimate the spine road and associated infrastructure won't be complete until the end of 2027; however, this will depend on a variety of factors. That said, the developer is also researching what aspects could be done privately. The County is still working on selecting an energy consultant, and is expected to approve a contract sometime in January. For future advisory meetings, the advisory committee will be meeting likely once a month, while Staff will meet more often to discuss the details that will make up the development agreement. The energy committee will likely meet soon after the consultant is selected. Regarding Outlot A, the County Board is meeting tomorrow in closed session to discuss the sale of that property, it is expected details of the potential buyer will be released sometime in January. Lastly, the Council at its worksession earlier today discussed a concept plan by Maplewood Development Companies, the winner of the GSA auction. They are looking to prepare the Primer Tracer site for a future industrial use, but would be subject to Council's consideration of rezoning. Councilmember Monson noted for those interested in TCAAP, at the recent JDA meeting a traffic presentation was given by the County. She was pleased to report the traffic impacts have been improved. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 3 Councilmember Fabel stated the traffic study that was completed by the County Engineer was a revision on the previous studies that had been done, taking into consideration the recommendations the Council would be considering this evening, which would rezone the commercial/office space on the southern corner into residential. He indicated the conclusion from the traffic study was that the proposed zoning change would reduce the total number of trips that occur in the area by 3% meaning there will be less traffic on Highway 96. Councilmember Holden asked if a consultant completed the traffic study. She stated it was her understanding the County had intersections that currently had a rating of D and F. City Administrator Perrault explained this was mostly correct noting the County Engineer presented the information from the traffic study. He reported the traffic study was completed by an outside consultant. He noted the F intersection grades were not for the intersections overall score, but rather would be for a specific movement or turn within the intersection. Councilmember Holden questioned how long the County has had the data from the traffic study. City Administrator Perrault explained he was uncertain. He reported it was his understanding all data had been collected but the traffic study was still not finalized. Mayor Grant indicated the traffic study was proposing to change half of the spine road from two lanes in each direction to one lane in each direction. City Administrator Perrault stated this was being contemplated based on the initial findings within the traffic study. Mayor Grant questioned if the same amount of right-of-way would be maintained, should the spine road need expansion in the future. City Administrator Perrault reported the footprint should remain the same for the spine road. 3. PUBLIC INQUIRIES/INFORMATIONAL Donna Wiemann, 1406 Arden View Drive, encouraged all Arden Hills residents to watch the January 3 Planning Commission meeting. She urged all residents to listen to the resignation speech made by the Planning Commission Chair. She noted he was a long-standing, smart volunteer. She explained Chair Vijums relished his time on the Planning Commission and worked to help Arden Hills make the best decisions possible for the community. She indicated Chair Vijums pointed out the Commission's job was to evaluate each proposal, ask well -constructed questions and balance the needs of the applicant with what is best for the community. She stated Arden Hills was losing a dedicated volunteer that speaks for the Arden Hills community and not only the applicant. She encouraged the community to watch the meeting to see what caused the resignation of Chair Vijums because this affects all of us. George Winiecke, 4175 Old Highway 10, explained he has been before the Council several times. He wished the Council would go back to the original plan and not move forward with the new plan. He stated he did not trust the traffic count studies. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 4 Mayor Grant asked that the residents wishing to speak regarding TCAAP to speak under Item 10B. Mark Kelliher, 3712 Chatham Court, read a prepared statement regarding his experience and concerns with individual Councilmembers. Ann Hall, 4276 Norma Avenue, wondered if the City should examine how many women have served on the PTRC over the years, or how diverse this Commission has been. She indicated she was thrilled to see Councilmember Rousseau running for Council and she believed it was important to have women serving on the City Council. She thanked Councilmembers Rousseau, Monson and Holden for their service. She explained she has found Councilmember Rousseau to be respectful. A number of public comments were made and deemed inappropriate and not relevant to the City. On the advice of the City Attorney, Public Inquiries was ended early. Mayor Grant noted these comments do not represent Arden Hills. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS None. 7. APPROVAL OF MINUTES A. November 27, 2023, Special City Council Work Session B. November 27, 2023, Regular City Council MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the November 27, 2023, Special City Council Work Session meeting minutes as presented and the November 27, 2023, Regular City Council meeting minutes as amended. The motion carried 4-0-1 (Councilmember Rousseau abstained). C. December 11, 2023, Regular City Council D. December 11, 2023, Special City Council Executive Session MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the December 11, 2023, Regular City Council meeting minutes as amended and the December 11, 2023, Special City Council Executive Session meeting minutes aspresented. The motion carried (5-0). ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 5 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion To Approve Resolution 2024-001 Relating To The 2023 Organization Of The City Of Arden Hills G. Metien Te Appr-eve Resolution 2024 002 Appointing 2024 G4y Cetmeil Liais For- Commissions A -ad Committees And Mayor- Pro Tem And Chairs Of The Commissions And r,,,...,,...,;ttees Of The r;t y E. Motion To Approve Updated Personnel Policy Adding Juneteenth To Holiday Schedule F. Motion To Approve Compensation And Classification Study Proposal G. Motion To Aeeept Resigna4ion Of P fks, Tr -ails And D eer-ea4ion Committee Membe14. Motion To Aeeept Resignation Of Planning Commiss i. MetionTo Approve Resolution 2024 004 Designating Coy Owned D,-.,pei4-. As South Point Pafk Tanker- T,-, ek D K. Motion To Approve Invoice From Valley -Rich Co., Inc — Old Highway 10 Watermain Break Repair L. Motion To Approve Professional Services Agreement With Bolton & Menk — Arden Manor Hardcourt Improvements Project M. Motion To Approve Met Council 2024 Private Property Inflow/Infiltration (I/I) Grant Agreement N. Motion To Approve Ramsey County Cooperative Agreement For Construction And Maintenance Of Old Snelling Avenue And County Road E/Lake Johanna Boulevard And Design, Construction And Maintenance Of Mounds View High School Trail O. Motion To Approve Ramsey County 2024 Shared Service Agreement — Erosion Inspection Services P. Motion To Approve Estoppel Certificate For Development Agreement (PC 17- 012) - 4255 Lexington Avenue N 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). 10. PUBLIC HEARINGS A. Planning Case 23-020 — Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit And Site Plan Review — 3737 Lexington Avenue And 1133 Grey Fox Road — Crew Carwash Community Development Director Jagoe stated the Applicant has submitted a land use application for Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 2.48-acre ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 6 site located at 3737 Lexington Avenue N and 1133 Grey Fox Road. The Subject Property is currently owned by STORE Master Funding III, LLC. The site is currently developed with a vacant industrial building and associated parking lot. The Applicant is proposing to demolish the existing building and redevelop the site. The Subject Property would be combined and function as a single entity with shared site operations as part of the Planned Unit Development (PUD) with the phased development of the buildings. The Applicant is proposing two separate one-story carwash tunnel buildings. The first building would be an approximate 5,800 square foot exterior drive -through carwash to be constructed upon approval. The second building is an approximate 5,300 square foot interior drive -through carwash that the Applicant plans to construct three (3) to five (5) years after their customer base is established. This area includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. Community Development Director Jagoe reported this area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. Staff reviewed the Plan Evaluation in further detail and recommended the Council hold a public hearing. Councilmember Holden asked that staff provide further information regarding the flexibility that has been requested. Community Development Director Jagoe explained the applicant was requesting setback, external material, transparency, lighting, landscaping with trees, monument signs, the number of signs, illumination of signs and wall sign flexibility. Councilmember Monson questioned if the applicant was available for questions. She asked what the hours of the business would be and inquired if all four lanes within the car wash would always be open. Community Development Director Jagoe deferred this question to the applicant, noting these questions could be addressed under Item I IB. Mayor Grant indicated this was a PUD, but noted it was his understanding not all of the buildings would be constructed at the same time. Community Development Director Jagoe stated this was correct. She explained the applicant was seeking a phased development. She reported the m=Master PUD would show the Council the full development plan, but the applicant was only seeking Final PUD approval on Stage 1 (exterior wash building). She indicated the applicant would have to come back for Final PUD approval on Stage 2 (interior wash building). Councilmember Holden asked what the tower adds to the project. Community Development Director Jagoe stated the Planning Commission had comments regarding how this project looked from Lexington Avenue. She commented further on how the applicant modified the building design in order to add a tower design to the interior wash building for consistency purposes. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 7 Mayor Grant opened the public hearing at 8:10 p.m. Jake Steen, Larkin Hoffman, explained he represented Crew Carwash. He reported Crew was a family -owned business that has been in operation since 1948 and has 45 locations in the Midwest. He stated Crew prides itself on being a well -designed, clean and efficient car washing experience. He estimated it took three to five minutes to clean the exterior of a vehicle. He indicated it would take another five to ten minutes if patrons would like to have the interior of their vehicles cleaned. He stated Crew was very excited to be coming to Arden Hills and stated this site would work well for this use. He commented on the proposed changes that were made to the plans, based on the feedback received at the Planning Commission meeting. He discussed how the buildings would now both have towers and explained the towers would be constructed out of metal. However, he noted he would be happy to construct these out of brick, if this was the desire of the Council. In addition, he indicated he would be willing to increase the level of glazing. He stated he understood another car wash was being proposed to the site just north of this property. He indicated he was fully confident in this site and what Crew Carwash could offer the community. He asked for the Council's support of his request. Lynn Diaz, 1143 Ingerson Road, commented she did not want the towers to be metal on the car wash. In addition, she was concerned with the proposed signage and lighting because it appeared to be excessive. Mayor Grant closed the public hearing at 8:15 p.m. B. Planning Case 2023-021 — Chapter 13, Section 1380 — Residential Land Uses And Density For TCAAP Regulating Plan, Rezoning, And Comprehensive Plan Amendments Community Development Director Jagoe stated on September 27, 2023, the JDA held a Special Work Session which included a presentation from Alatus ("Developer"), on proposed land use changes that would increase the total number of residential housing units from 1,460 units up to 1,960 units. The Developer identified two areas where they are proposing to increase the overall density of the Subject Property by an additional 500 residential housing units. The first location in Town Center South which currently allows for residential uses would shift the types of housing infrastructure offered to include multi -family. Then the second location in the southwest corner of the Subject Property is currently guided towards commercial flex office uses. Of which, approximately 32 acres of this area would be rezoned to residential uses to provide for a full range of residential housing infrastructure. Community Development Director Jagoe explained within these two areas, the Developer provided examples of a variety of housing infrastructure that would be represented in these locations. At their subsequent October 2, 2023 meeting, the JDA discussed increasing density from 1,460 units to 1,960 units as presented by Alatus and requested both the City and County proceed with consideration of the necessary TRC and Comprehensive Plan Amendments. Community Development Director Jagoe further reviewed the Plan Evaluation and requested the Council hold a public hearing. Mayor Grant asked if it was a requirement for a minimum of 20% of the units to be affordable at 60% AMI. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 Community Development Director Jagoe reported this was correct. She stated the language within State Statute requires at least 20% of the development has to have units that meet affordability at 60% AMI or below. Mayor Grant discussed the Met Council goals for Arden Hills, noting these were strictly goals and not requirements. Community Development Director Jagoe stated this was what the City was asked to achieve. Councilmember Holden recommended the AM language be amended to ensure that the units could be at 60% AMI or less. Community Development Director Jagoe indicated she could make this language change. Councilmember Holden questioned if Ramsey County completed the traffic study in October. Community Development Director Jagoe reported the traffic study was conducted (cars were counted) in October. She stated the City does not have the final report yet. Councilmember Monson thanked Community Development Director Jagoe for her detailed presentation. Councilmember Fabel commented on how AMI (Area Median Income) was defined and noted 60% AMI would be a family income of $74,520 in the metro area. Mayor Grant discussed how AMI fluctuated based on interest rates. Councilmember Holden reported the Met Council sets AMI rates on a yearly basis. She asked if AMI was based on the seven county metro area or the ten county metro area. City Administrator Perrault stated AMI was based on the Twin Cities Metropolitan Region. He indicated it was his understanding this was based on the seven county metro area. Mayor Grant opened the public hearing at 8:47 p.m. George Winiecke, 4175 Old State Highway 10, explained he has spoken to the Council in the past. He expressed concern with the fact the Council was moving forward with a development with such a high level of residential units in such a small area. He commented on how the large number of residential units would be a burden to Arden Hills residents. He implored the Council to reevaluate and reconsider this development and to go back to the original plan. While he understood there was a need for housing, he suggested the density be reduced. Kristine Poelzer, 1870 Indian Place, addressed the Council regarding TCAAP stating she has attended many meetings over the years. She explained she was once opposed to this development. She discussed how a trail was proposed in her rear yard and she vehemently opposed this trail. She indicated the Council, in their wisdom, approved this trail and she was delighted with how the trail turned out. She stated she had full belief in what the JDA was doing. She explained she appreciated all of the work Arden Hills staff and Councilmembers were putting into TCAAP. She encouraged the Council to approve the proposed land use changes and rezoning. She stated she ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 9 has been pleased with the information the City has been providing to residents in the City newsletter. In addition, she thanked Councilmember Monson for sending emails to residents with information on this project. Lyle Salmela, 1480 Arden Vista Court, stated he supported the increase of residential density on Rice Creek Commons from 1,460 to 1,960 units. He explained this increase will expand regulatory technology and economic needs by allowing the developer to build more affordable units. He commented on how this development was working to reduce greenhouse gases. In order to achieve this, a clean all electric energy grid was being pursued for this development. He discussed how Xcel Energy was ready to support this project. He indicated the proposed designs for this project would make it the most energy efficient community in the State, noting the increased density would help to make the project cost effective. Nicole Hayden, 5152 163rd Lane in Andover, shared her support for the increased housing density in TCAAP. She reported she was a local realtor and she sold homes in Shoreview, Arden Hills, New Brighton, Columbia Heights, Mounds View, Blaine, Ham Lake and Anoka. She commented on how there was a massive need for more housing in the metro area. She explained the Federal Reserve of Minneapolis estimates the metro area was 85,000 units short on housing. She explained she understood the concerns that have been voiced regarding traffic, but stated her humanity led her to be more concerned with the need for more affordable housing units. She discussed how her clients were being impacted by high interest rates and home prices. She stated if the number of houses in the metro area continues to increase, the prices will go down, but if the number continues to decrease, housing prices will only continue to go up. She understood as a realtor that more people would love to move to Arden Hills and asked that the Council support the proposed zoning and land use changes in order to provide more housing units to the community. Donna Wiemann, 1406 Arden View Drive, commented on how 20% of the units would be affordable at a minimum of 60% AMI. She believed that the agreement that was signed with Ramsey County and the developer states that 22% of the 1,960 units will be affordable at 60% AMI or less. She requested staff or the JDA Councilmembers provide her clarification on this. City Administrator Perrault explained the agreed upon term sheet that was signed by the JDA stated 20% of the units would be affordable at 60% or less AMI. He noted the 22% recommendation addressed that 10% of the units should be affordable for first time home buyers. Ms. Wiemann requested a copy of the term sheet. City Administrator Perrault reported this document was available on the City's website. Ms. Wiemann stated when requiring 20% of the units to be affordable, she asked who would be deciding what the AMI percentage would be. She asked that the public be made aware of the percentage of affordability within the units going forward. Chris Hughes, 3515 Snelling Avenue North, commented this was an exciting time for the community. He stated the TCAAP property was a property that comes around once in a lifetime. He appreciated the fact the City was talking about development details. He explained he supported the 1,960 units because this would create additional affordable housing options for seniors in the community who want to downsize but remain in Arden Hills. In addition, the additional housing units would create more affordable housing options for folks that want to live ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 10 in Arden Hills and work in the community. He supported the 1,960 units because it will create additional affordable housing options for families that want to take advantage of the great schools in the community. He also supported the additional housing because it will create housing options for folks that need a leg up. He encouraged the Council to support the comprehensive changes that were necessary in order to allow for the 1,960 housing units. Rita Lamatsch, 1535 Royal Hills Drive, stated she agreed with one part of the amendments and disagreed with the others. She supported the flex office space being rezoned to residential because the community had too much office space. However, she indicated she opposed the large multi- family housing units. She believed it would be better to keep with the character of Arden Hills to have more single family homes, townhomes or duplexes as opposed to the 175 unit apartment building. She asked if the proposed 125 unit apartment building on the North Heights Church property was being factored into the traffic study. She suggested the mixed retail north of Highway 96 be rezoned to allow for more townhouse or duplex style housing that was more in keeping with the neighborhood. She stated she was concerned with how TCAAP traffic could be coming down the spine road, through the North Heights Church and into her neighborhood. Nancy Jacobson, 3188 Asbury Avenue, stated after the dust settles tonight, she hopes the Rice Creek Commons project moves forward. She looked forward to seeing more detailed park and trail plans for RCC. In addition, she wanted to see more about how the surrounding area connects to RCC. She urged the Council to consider how important it would be for this development to be connected to the remainder of the City. Mary Henry, 3521 Ridgewood Court, explained she fully supported the proposed zoning changes for Rice Creek Commons. She indicated some people may feel changing the flex office to housing may impact employment. She discussed how more housing improves the economy for a community, given the fact more and more people were working from home. She stated it was important to understand how housing, post -pandemic, was employment. She reported there was not a strong need for additional office space given the fact the community already had excess retail and office space. Ann Hall, 4276 Norma Avenue, stated she was happy to see the proposal tonight and noted she supported the flexibility in zoning along with the higher density housing. She reported there was a clear for high quality affordable housing in the metro area. She was confident the City could provide this in a smart and effective manner. She reported safe housing was a basic human right. She expressed concern with the fact her children would not be able to purchase a home in the community once they are grown young professionals. Gregg Larson, 3377 North Snelling Avenue, stated was the culmination of a year's worth of work to bring new life to a project that has been stalled for the past six years. He stated it was encouraging to see the City ready to formally consider a compromise on 1,960 housing units for Rice Creek Commons. He indicated this was a density that was endorsed by the developer and Ramsey County. He reported a vote of approval would adopt changes that remove the roadblocks on a project that has held so much promise for so long. He explained the years of delay and litigation left the City with frustrations and lost opportunity costs. He stated now the City was close to realizing the benefits of more housing, more commercial development and more employment opportunities. He thanked staff for all of their efforts over the past year and for their renewed collaboration with Ramsey County. He acknowledged the work of the Planning Commission, who carefully reviewed these recommendations before recommending approval. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 11 Lastly, he commended Councilmembers Monson, Fabel and Rousseau for their leadership and for seeking a compromise with the County that has brought the City to this point. He stated after many years of observing City governance he would not hold his breath that these proposals will be unanimously adopted. But doing so would send a tremendously positive message to Ramsey County and the developer that this Council was united in moving this project forward. Christy Jacob, 1492 Arden Place, thanked the Council and staff for all of their efforts. She stated she was hopeful and excited to see the Council supporting a vote for increased density. Lynn Diaz, 1143 Ingerson Road, explained she supported the increased density of 1,960 housing units. She indicated this increased density would provide for a wider variety of housing units, increase the City's tax base and help attract additional amenities to the community. She appreciated how the proposed rezoning would decrease the number of traffic trips to and from the development. She recommended that smaller units be pursued given the fact a growing number of people live alone. She suggested detached homes be considered for lots that were less than .25 acre in size. She understood the Twin Cities has one of the largest housing shortages in the nation and she hoped the City would do its part to help in alleviating this problem. She wanted to see Arden Hills being a welcoming place for its workers, families and seniors by allowing the 1,960 units. Mayor Grant closed the public hearing at 9:20 p.m. 11. NEW BUSINESS B. Planning Case 23-021— Chapter 13, Section 1380 — TCAAP Redevelopment Code, Rezoning And Comprehensive Plan Amendments • Ordinance 2024-001 Amending Chapter 13, Section 1380 Concerning the Residential Land Uses and Density for TCAAP Regulating Plan and Rezoning Properties to Neighborhood (NR-3 and NR-4) • Publication of Summary Ordinance 2024-001 • Resolution 2024-006 Approving 2040 Comprehensive Plan Amendments to Chapter 6, Land Use and Appendix G (TCAAP Outlot C) — Planning Case 2023-021 Community Development Director Jagoe stated the proposed Comprehensive Plan Amendments are within Chapter 6, Land Use and Appendix G specific to the Neighborhood Residential (NR) and Flex Office (FO) future land use designations. The proposed comp plan amendments would separate the NR-3 and NR-4 subcategories in order to delineate the acreage and development intensity of future development that is guided towards medium to high density residential land uses specific to the two areas in Town Center South and the proposed Southwest Neighborhood. Community Development Director Jagoe reported for this review, the City is proposing to amend language within the 2040 Future Land Use Classifications and Future Land Use Map that would be necessary to facilitate the future development of the Subject Property with a density of up to 1,960 units. In addition, language within the comprehensive plan is being added within Chapter 6, Section 6.4.10 to ensure that up to 20% of the housing units in TCAAP are affordable at 60% of Area Median Income or less. An amendment to the comprehensive plan must be ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 12 approved by two-thirds vote of all of the City Council. However, amendments providing for affordable housing may be approved by a simple majority of all members of the City Council. Planning staff has reviewed and confirmed with Met Council that the proposed comprehensive plan amendments would meet the requirements of State Statute 462.355, Subd. 3 requiring a simple majority for approval. Community Development Director Jagoe reviewed the request in further detail and explained the Planning Commission offered the following Findings of Fact: 1. The Arden Hills 2040 Comprehensive Plan designates the future land uses for the Subject Property. 2. The City has requested a Comprehensive Plan Map Amendment to change the future land use designation of approximately 32.4 acres in the southwest corner of the Subject Property to Neighborhood Residential, NR-3 and NR-4. 3. The City has requested a Comprehensive Plan Text Amendment to separate the NR-3 and NR-4 subcategories under the Neighborhood Residential classification to further clarify areas for multi -family residential uses. 4. The City has requested a Comprehensive Plan Map Amendment to designate specific areas for the subcategories of NR-3 and NR-4 from the Neighborhood Residential classification. 5. The City has requested a Comprehensive Plan Text Amendment to modify the density ranges allowed in the NR-4 subcategory of the Neighborhood Residential classification to be consistent with the Suburban designation to maintain future development at a minimum of five (5) units per acre on the Subject Property. 6. The proposed Comprehensive Plan Text Amendment to Section 6.4.10 Development Capacity and Net Residential Density further supports the goal and policies of Chapter 7 - Housing by incorporating language for housing that is suitable for a mix of ages, incomes and household types. 7. The City has requested a Comprehensive Plan Text and Map Amendment to areas currently designated as Town Center North and Town Center South which would modify existing boundaries. 8. The purpose of the Comprehensive Plan is to establish the policies that guide the future physical and community development of Arden Hills. 9. The Metropolitan Council has previously approved similar amendments adding language supporting increasing the densities above the maximum permitted in a specific land use district. 10. The proposed Comprehensive Map and Text Amendments have been discussed with the Metropolitan Council. 11. The City of Arden Hills is proposing to amend ordinance language consistent with the Comprehensive Plan Amendments as required by State Law within the Neighborhood Residential and Flex Office Zoning Districts. 12. The TRC ordinance amendments would allow for medium and large multi -family residential land uses outlined in the TRC land use chart as Permitted with Criteria with the Neighborhood Residential, NR-4 Zoning District. 13. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code. 14. The City is proposing to rezone approximately 32.4 acres in the southwest corner of the Subject Property for consistency and implementation of future land uses as set out in the goals of the City's Comprehensive Plan. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 13 15. The proposed amendment in the City's TCAAP Redevelopment Code advances adopted 2040 Comprehensive Plan the goals and policies as set forth in Chapter 6 — Land Use and Chapter 7 — Housing by broadening the housing types in the Neighborhood Residential Zoning District. 16. Amendments to the Comprehensive Plan and Zoning Code regulations require a public hearing prior to action by the City Council. 17. If the zoning amendments were approved, the Developer would be required to submit a land use application that would be subject to the formal review process. 18. The Planning Commission conducted a public hearing for the Comprehensive Plan Amendments, Rezoning and TRC Ordinance Amendments on December 6, 2023. Community Development Director Jagoe explained the Planning Commission reviewed this application at their December 6, 2023 meeting. At that time, they recommended approval of Planning Case 23-021 for Comprehensive Plan Amendments, Rezoning, and TRC Code Amendments to Chapter 13 by a 4-2 vote (Commissioner Wicklund abstained). The following are motion language options for the City Council to consider. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to adopt Ordinance 2024-001 for Planning Case 23-021 for Zoning Code Amendments to Chapter 13, Section 1380 - TCAAP Redevelopment Code and Rezoning to add and amend language for residential land uses and increase residential density up to 1,960 units within the regulating plan for TCAAP. Councilmember Monson explained she served on the JDA and she supported the proposed land use and rezoning recommendations. She reported the previous Council's did a lot of work, which included Councilmember Holden and Mayor Grant. She believed the City Council was now being asked to carry the water the last mile because of the work that had already been done. She thanked Councilmember Holden and Mayor Grant for all of the work they had done. She stated it was her hope this motion would have the support of five votes. Councilmember Rousseau indicated this project has been going on for a long time. She noted in 1941 the Army used eminent domain to take over this land. She recognized that this development would be something new for Arden Hills. However, she believed it was a very exciting opportunity for the City. Councilmember Holden stated 1,960 units was a great number. She indicated her only concern was with the fact there has been no negotiations between the City and the County. Rather there has only been a concession to the County and the developer. She indicated 1,960 may be the best number, but nothing has been vetted. She reported when 1,460 chosen by the previous Council, this number was vetted, discussions were held with public safety and traffic studies were completed. The City was told to not put 1,000 units in a three block area. She expressed concern with the fact no vetting has occurred on the 1,960 number. She discussed how the previous Council had park, trail and stormwater plans in place. She questioned what the rush was to move this project forward given the fact the County didn't have enough money to build the spine road at this time. Councilmember Holden commented on how Arden Hills had nothing to do with affordable housing or zoning for affordable housing, rather affordable housing was brought forward by ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 14 developers. She understood it will be great to have affordable housing on TCAAP, but she questioned if 1,960 was the right number for this development. She stated the financials for this project show it will take 30 years to develop. She feared how the current residents of Arden Hills would be impacted by the increased tax burden that would be brought on as this project begins to develop. She questioned why the financials for this project were unknown. She questioned what the rate of return would be for the developer. She commented on how she did not want Arden Hills residents to get stuck with a bill from this development, if it were not to be fully completed. She stated she was here to project the residents of Arden Hills and she feared no one was doing this at this time. She recommended that additional time be spent vetting this project before moving it forward. She indicated her vision for this development was for it to be inclusive with housing varieties inter -mixed throughout the neighborhoods. Councilmember Holden discussed how Minneapolis and St. Paul would not survive without businesses recalling their employees back into their communities. She explained there was a need for improved transit in Arden Hills, and especially in TCAAP given the proposed density. She noted the City does not have any commitments from Met Council on any new bus lines. She feared how people living on TCAAP would get to work downtown. She indicated there were discussions about bringing a Costco to TCAAP. She reported Costco would bring one million trips to the site and asked if this had been taken into consideration within the traffic study. She indicated the North Heights potential housing project had also not been taken into consideration. Councilmember Holden stated when Bob Lux and Alatus was brought on, it was the hope to create something unique and wonderful. She indicated the proposed development would now look like every other development in the metro area. She commented on Building 118 and how the JDA needed to work with the Army to maintain access. She explained she would like to have more information on the TCAAP financials and how the City would pay for this project. She wanted to know if TIF would be required for this development. She questioned how the businesses on TCAAP would survive given the surrounding traffic issues. She indicated she was concerned about the existing residents of Arden Hills and how they would be impacted by this project. Councilmember Holden commented on the amount of affordable housing that was already present in Arden Hills, which included a manufactured home community. She indicated the City previously moved this project forward through open and efforts of the City Council. She stated the continued to hold JDA meetings for 23 months, leaving the door open for the County to participate. She questioned again where the transparency was with the process that has been followed in the past year. She noted questions from the bench were not being answered. She inquired how this project would be funded and how would it flow. She expressed concern with the fact the Council has held no discussions regarding TCAAP. She noted an open house was being held, but instead of taking feedback, the project was presented as this is how it is. She believed there had been a total lack of transparency on this TCAAP project and there has been no tolerance for the people who do not agree with the three slate candidates. She expressed concern with the fact there was no information available on how the infrastructure would be funded. While she stated she had no problem with the 1,960 number, she recommended that vetting and data be provided to show that this was the right number. She commented on how the Planning Commission Chair had paid dearly by raising questions about the 1,960 number as he was no longer the Chair. She stated she would not be offering her support to the 1,960 number until it was properly vetted. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 15 Mayor Grant stated as this project started out this past year, it was put out there that the Council needed to compromise. He was of the opinion the City did not compromise, but rather the City capitulated. He understood the County supported the proposal, which was a good thing. He did not believe the County was asked to compromise, but he wouldn't know any of this because all of the meetings were held behind closed doors and he wasn't allowed to attend. He was told at one point that he could attend and upon trying to attend, he was told he could not attend. Mayor Grant commented on how 2024 would be the year when people are asked to go back to work. He understood that the pandemic led to many people working from home, but noted the pendulum was going to swing back the other direction. He discussed the parks plan that was previously completed. He understood the Council was being asked to consider zoning changes, but noted there were other aspects of this project that were not working, such as the financials. He reported one of the plans was to ask the State to chip in $25 million for this project. He stated this may happen, but this may not. He explained at this time, the financials for this project were not good. Mayor Grant stated he understood the 1,960 units was a rallying cry and people wanted to see this project done. He noted there was some value in this. However, he supported the City looking before leaping, or properly vetting this project before moving it forward. He indicated it was hard to visualize 1,960 units on this piece of property. He stated this was a lot of units on 190 acres. He noted this would lead to approximately 10 units per acre throughout the development. He explained this project would not resemble Arden Hills, but rather would look like a small version of St. Paul. He believed the residents of Arden Hills moved to this community because they wanted to have some space. Mayor Grant indicated 1,960 may be the right number, but he did not have this information. He commented on how other uses or zoning changes could have been considered in order to protect jobs within the development. He discussed how this project was not slated to begin until 2026, at which time grading and infrastructure would be completed. Mayor Grant explained a comp plan amendment was being proposed and generally these amendments required four votes, except if 20% affordable housing was within the proposed changes. He noted the matter before the Council only required three votes. He stated after speaking with public safety individuals he had concerns with the amount of high density housing being proposed within this development. He was pleased to see the AMI would be at least 60%. He reiterated that he did not believe this project was properly vetted and he wanted to protect the City from a poorly designed, poorly planned project from a risk perspective. Mayor Grant noted Bob Lux from Alatus was selected for this project and he believed Mr. Lux had innovative and creative ideas. He was of the opinion it was a mistake to remove the businesses in the southwest corner. He commented on how the project needed to be a vibrant mix of retail, housing, shopping and restaurants. He indicated the development does not get made special by adding more housing. He stated again that his biggest concern was with the financials, but this was not being addressed because this was a rezoning. He explained he wanted the project to move forward, but he questioned if this should be done without proper vetting. Mayor Grant reported he does not have an answer on if an agreement was in place on the Civic Center or if the proper utilities were in place. He stated if the rezonings were approved at this meeting, the decisions down the road get increasingly difficult. He indicated remediation work ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 16 has to be redone on the wells and none of this information was available at this time. He wished that the entire Council could be included in the planning process for this project. Councilmember Monson explained a lot of the comments that have been made would be addressed in the development agreement and were not part of the zoning code. She reported she would never put the City in financial harm for a development. She indicated she would make sure the financial statements were sound. She encouraged the residents to watch and listen to the JDA meetings, along with the worksession meeting where the economics of this project were discussed. She reported there was opportunity for residents to comment on TCAAP at all City Council and worksession meetings. In addition, she encouraged residents to contact her if there was any information they would like to know about the TCAAP project. Councilmember Monson called the question. MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to call the question. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to adopt Resolution 2024-006 for Planning Case 23-021 for Comprehensive Plan Amendments to Chapter 6 and Appendix G to allow for an increase in residential density up to 1,960 units within the regulating plan for TCAAP based on the Findings of Fact and as presented in the January 8, 2024 report to the City Council. Community Development Director Jagoe asked if the Council's motion included the amended language for the 60% AMI language. Mayor Grant reported the question has been called and the language could no longer be amended. Councilmember Monson requested clarification from the City Attorney on this matter. City Attorney Schmidt stated it was her understanding that when Councilmember Fabel made the motion he included it at that point, but when he reread the motion, it was not. Councilmember Fabel explained he read the motion straight from Community Development Director Jagoe's recommendation within the staff report. Mayor Grant asked if staff could clarify what the motion was. Community Development Director Jagoe reported the recommended motion from staff includes reference to the adoption of a Resolution, which is the Comprehensive Plan language. She stated she was confirming if the Council was approving the language as presented, or as amended, noting suggested language that 20% of the units would be at 60% AMI or less. City Administrator Perrault explained the motion could be withdrawn and restated. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 17 Councilmember Fabel asked if he should withdraw his motion. Mayor Grant asked if the Council needed to make a motion to reconsider. City Attorney Schmidt clarified that a motion to reconsider was not in order because this would have the Council reconsidering the motion that was previously on the floor, which was to call the question. Mayor Grant requested staff call the question. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). Mayor Grant reported the prevailing side could now make a motion to reconsider the approval if an amendment was needed. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to reconsider the adoption of Resolution 2024-006 for Planning Case 23-021 for Comprehensive Plan Amendments to Chapter 6 and Appendix G to allow for an increase in residential density up to 1,960 units within the regulating plan for TCAAP. City Attorney Schmidt clarified if the motion to reconsider was for both items, the Council would have to reconsider both and both items would have to be voted on again. She suggested Councilmember Monson withdraw her motion. Councilmember Monson withdrew her motion. Councilmember Rousseau withdrew her second. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to reconsider the adoption of Ordinance 2024-001 Amending Chapter 13, Section 1380 Concerning the Residential Land Uses and Density for TCAAP Regulating Plan and Rezoning Properties to Neighborhood (NR-3 and NR-4) and Resolution 2024-006 for Planning Case 23-021. The motion carried 4-1 (Mayor Grant opposed). MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion for the adoption of Ordinance 2024-001 Amending Chapter 13, Section 1380 Concerning the Residential Land Uses and Density for TCAAP Regulating Plan and Rezoning Properties to Neighborhood (NR-3 and NR-4) and adoption of Resolution 2024-006 for Planning Case 23-021 for the Comprehensive Plan Amendments to Chapter 6, Land Use Appendix G (TCAAP Outlot C) as amended clarifying the AMI language was for 60% or less. Councilmember Holden commented on the insults that were directed at her and the Mayor based on the length of their comments. She stated she would not have had to speak this long if the Council had been allowed to address this topic at another meeting. However, this did not occur and noted she was not allowed to attend the meetings that were held behind closed doors. She ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 18 stated now she was the bad guy because she dared to talk about stuff that should have been addressed a year ago. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to approve Authorization to publish a Summary Ordinance of 2024-001 for Planning Case 23-021. The motion carried (5-0). Mayor Grant recessed the City Council meeting at 10:24 p.m. Mayor Grant reconvened the City Council meeting at 10:32 p.m. A. Resolution 2024-005 Approving Conditional Use Permit — 373 Lexington Avenue And 1133 Grey Fox Road — Crew Carwash — Planning Case 23-020 Community Development Director Jagoe stated the Applicant has submitted a land use application for Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 2.48-acre site located at 3737 Lexington Avenue N. and 1133 Grey Fox Road. The Subject Property is currently owned by STORE Master Funding III, LLC. The site is currently developed with a vacant industrial building and associated parking lot. The Applicant is proposing to demolish the existing building and redevelop the site. The Subject Property would be combined and function as a single entity with shared site operations as part of the Planned Unit Development (PUD) with the phased development of the buildings. The Applicant is proposing two separate one-story carwash tunnel buildings. The first building would be an approximate 5,800 square foot exterior drive -through carwash to be constructed upon approval. The second building is an approximate 5,300 square foot interior drive -through carwash that the Applicant plans to construct three (3) to five (5) years after their customer base is established. Community Development Director Jagoe explained the Planning Commission offered the following Findings of Fact: 1. The property located at 3737 Lexington Avenue N. and 1133 Grey Fox Road is designated for Commercial uses on the 2040 Comprehensive Plan. 2. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 3. For proposals for new construction, redevelopment of a site, and significant modifications to existing sites a PUD is required. 4. The PUD process allows for flexibility within the City's regulations through a negotiated process with a Developer. 5. The Applicant has proposed a Master and Final Planned Unit Development for a phased development consisting of two separate one-story carwash tunnel buildings, one approximate 5,800 square foot exterior drive -through carwash and one approximate 5,300 square foot interior drive -through carwash that will function as a single entity on the Subject Property. 6. The Applicant has proposed a phased development plan with Phase I referred to as the Exterior Carwash to be constructed following the land use approvals herein and Phase II ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 19 referred to as the Interior Carwash to be constructed approximately three (3) to (5) years later. 7. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 8. Where the plan is not in conformance with the City Code, flexibility has been requested by the Applicant. 9. Flexibility through the PUD process has been requested in the following areas: landscaping, setbacks, building materials, transparency, lighting, pedestrian and bicycle circulation, drive -through facilities, and signage. 10. A public hearing for a Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Permit request is required before the request can be brought before the City Council. 11. The Planning Commission conducted a public hearing on December 6, 2023. Community Development Director Jagoe reported the Planning Commission reviewed this application at their December 6, 2023 meeting. At that time, they recommended approval with conditions of the Crew Carwash application for a Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review by a 6-1 vote. The Planning Commission added a condition that the Applicant confirm adequate egress per city code based on discussion at the December 6, 2023 meeting. The following are their recommended conditions and motion language options for the City Council to consider. 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master and Final Planned Unit Development approval for Phase I shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for Phase I of the Development for the exterior carwash. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. The Applicant will be required to submit for PUD Final Plan approval of Phase II at the time of future development prior to the issuance of permits associated to construction of the interior carwash building. 6. The Applicant shall apply to the City for Final Plat review and approval within three (3) months of City Council approval of Preliminary Plat. 7. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 20 8. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County prior to the start of any site activities. 9. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 10. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 11. Upon completion of grading and utility work on the site, a grading as -built and utility as - built shall be provided to the City for review. 12. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 13. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 14. A right-of-way permit shall be required for work performed within the City right-of-way. 15. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 16. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 17. A separate sign permit shall be required for all signs on the site. 18. Any future trash enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 19. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 20. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 21. The proposed structures shall conform to all other regulations in the City Code. 22. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. 23. The Applicant must work with City staff to confirm adequate egress. 24. A zoning permit sign permit shall be required for fencing to be installed on the site. 25. Prior to the issuance of a grading permit, all items identified in the January 3, 2024 Engineering Division memo and review comments made within the attached plan sheets to this memo shall be addressed. All comments shall be adopted herein by reference. 26. Applicant shall be responsible for addressing Ramsey County review comments as noted in the January 3, 2024 report to the City Council. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 21 Councilmember Monson requested the applicant speak to what the hours of operation would be and if all four lanes would be open at all times. Sally Grant, Crew Carwash representative, explained she was a third generation employee of Crew Carwash. She reported she was excited to be a part of the Arden Hills community. She indicated the hours of operation would be 7AM to 9PM during the spring and summer and 7AM to 8PM in the fall and winter. She stated all of the lanes would remain open during business hours. Councilmember Holden requested staff speak to the differences between a CUP and PUD. She reported there appears to be a significant amount of flexibility being requested within this Planning Case. She indicated she did not see anything within this project that was so appealing that she should vote for every single flexibility that was being requested. She understood the applicant may be willing to be flexible on the plans, but she also understood the applicant was aware of the City's standards when they submitted their plans. Community Development Director Jagoe explained the CUP was required for the land use, car wash component. She indicated the PUD was an overlay district that is required in this zoning district for redevelopment and where the applicant could seek flexibility from the City's standards. Through the PUD process, there might be some offsetting enhancements to the project that without those variations, this project might not be as good as it is. She reported the applicant was seeking a PUD with flexibilities in order to achieve an overall better design. She reported staff had reviewed the City's ordinance criteria, district standards, building materials and CUP requirements for the code with the applicant prior to their submittal. Councilmember Holden asked if the proposed building materials were an enhancement for the City. Community Development Director Jagoe indicated she believed this was a decision for the City Council. She stated the Council would have to determine if the applicant had made enhancements through the PUD in other areas. She reported as far as the building materials, there were no other materials that were introduced that are an enhancement. Councilmember Holden commented on the transparency and look of the project from Lexington Avenue. She asked if the only change that was made to the plans was the addition of a tower. Community Development Director Jagoe reported this was the case. She indicated the applicant did add some additional glazing. Councilmember Monson requested comment from the applicant regarding the contamination on this property. Jake Steen, Larkin Hoffman, explained he had a Phase 1 on this site. He noted he was fully committed to cleaning up this site. Travis Smith, Crew Carwash representative, discussed how the Wayzata Crew Carwash property was contaminated and properly cleaned. He noted he worked with the State on this project. He indicated he would be working with a local engineer who was familiar with the site. He ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 22 commented further on the cleanup work that would be required on the Arden Hills property noting the groundwater on this site would not be used. Councilmember Rousseau asked if a study should be done on the B-3 District to determine if motor vehicle land uses and services stations were sustainable. She understood a second car wash would be considered by the Council in February. She indicated the study may assist with determining if any language should be considered to limit proximity of these uses. She noted a study would require the Council to put a moratorium in place. Councilmember Holden questioned when the Council had to take action on this item. Community Development Director Jagoe reported the Council had to take action by January 14, 2024. Councilmember Holden wondered if the current owners of the property knew what this building was previously utilized for. Mr. Smith stated he was uncertain. Councilmember Holden questioned if Crew Carwash would be responsible for all of the cleanup. Mr. Smith reported this was the case. He noted once he became the title owner of the property, he would complete a Phase 2 and would file with the State of Minnesota regarding the previous contamination found onsite. Councilmember Holden stated if the cleanup became more expensive than previously anticipated, would the second building be pushed out further than three to five years. Mr. Smith commented on the process that was followed for cleaning up brownfield sites. He did not anticipate the cleanup would push back the phased plans for this property. Councilmember Fabel questioned why there would be a three to five year delay before the interior building was constructed. Mr. Smith explained he does not have an interior cleaning operation in Minnesota. He stated this was a very new and unique operation. He reported the desire would be to have the exterior clean open first and brought up to a level of operational excellence and the interior clean would be brought on later. Ms. Grant indicated it takes three to four years to build a superior customer base for car washes. She discussed how this phased approach has been successful in another market. Mayor Grant questioned why only two sites had the interior/exterior model and the rest were only exterior cleaning car washes. Ms. Grant explained the interior/exterior model was much more labor intensive. She noted the roots were to provide full service, but in 1985 the focus shifted to exterior only because it was less labor extensive. She reported over time the interior cleaning model has been investigated and the ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 23 first site opened in Indiana three years ago. She noted three more sites in Indiana would be opening later this year. Mayor Grant asked if a phased PUD required an applicant to build the second phase. Community Development Director Jagoe stated this would not be required. Councilmember Holden indicated she believed there were a lot of issues with the proposal. She requested further information regarding the proposed exterior building materials. Ms. Grant explained she spent $6.5 million on the exterior of buildings. She indicated Crew Carwash would be investing over $10 million on this property. She commented on how Crew Carwash built things to last, using brick, limestone and steel in order to stand the test of time. She then provided the Council with a materials board. Councilmember Holden asked if the brick would be veneer. Ms. Grant stated she would be using real limestone on this building and not veneer. Councilmember Holden requested further information on the lighting and asked why Crew could not meet the City's requirements. Ms. Grant discussed how important safety was to Crew Carwash. She reported she would have 16, 17 and 18 year old team members working onsite. She explained having the property well -lit during business hours was important for both the employees and visitors. Mr. Smith noted the only area that required lighting flexibility was at the entrance of the property. Councilmember Fabel questioned if the vacuum stations would be installed in Phase 1. Ms. Grant explained these would be installed with Phase 1. Councilmember Monson reported the applicant does have a lot of variance requests. She indicated this was a really busy looking site with additional lighting and signage. She stated this was cause for concern for her. She explained the City had restrictions in place and noted all other businesses have had to follow these restrictions. Councilmember Holden indicated she would like to go through each of the variances in further detail. However, she did not believe this was her purpose. She believed the flexibility asks were not offset by any enhancements. She noted the site was short on landscaping. Mr. Smith explained he could not plant additional trees along Lexington Avenue due to the location of the utility right of way. Councilmember Holden reported the applicant was still asking for setback and other flexibilities. She stated at this time she could not support this project moving forward. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 24 Ms. Grant stated Crew Carwash was one of the top brands in Indiana. She encouraged the Council to visit the Crew Carwash in West St. Paul. She commented she would be happy to work with the City to better understand how this business would work in Arden Hills. Mr. Steen reported the City Council had the authority to extend the approval timeline by 60 days. He stated he would be willing to take the Council's feedback and could amend the plans. Councilmember Holden reported the applicant would have to readdress the entire site plan given the number of flexibilities that have been requested and she did not believe this could be worked through at this meeting. Councilmember Fabel asked if the Planning Commission recommended approval of this Planning Case. Community Development Director Jagoe indicated the Planning Commission had recommended approval but had many of the same concerns regarding the building materials, landscaping and design. Councilmember Fabel questioned what kind of risk the City Council would be running if the project were denied. City Attorney Schmidt explained the fact that the Planning Commission recommended approval was a net neutral stating the City Council makes all final determinations on applications. She reported as far as assessing risk, it was difficult for her to say, noting this would be a quasi- judicial decision that would be determined by the findings approved by the Council. Councilmember Fabel inquired if the approval period could be extended 60 days. City Attorney Schmidt advised the City Council has unilateral authority to request 60 additional days before taking action on the qualifying application. Councilmember Fabel supported pursuing a 60-day extension for this Planning Case. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to deny Planning Case 23-020 and Resolution 2024-005 for a Preliminary Plat, Master Planned Unit Development, Final Planned Unit Development Phase I, Conditional Use Permit, and Site Plan Review at 3737 Lexington Avenue N and 1133 Grey Fox Road, based on the fact the flexibility request was too extensive, does not include enhancements within the project and does not lead to a better overall project. Mayor Grant reported if the motion was adopted the applicant could return with another proposal in 180 days. Councilmember Fabel explained he opposed the motion. He recommended the applicant be allowed 60 days to revise the plans for consideration by the Council at a future meeting. The motion carried 4-1 (Councilmember Fabel opposed). 9. PULLED CONSENT ITEMS ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 25 C. Motion To Approve Resolution 2024-002 Appointing 2024 City Council Liaisons For Commissions And Committees And Mayor Pro-Tem Councilmember Holden clarified an item on the Resolution, noting Councilmember Monson would be appointed Mayor Pro-Tem. She requested further information regarding the duties of the Mayor Pro-Tem. Mayor Grant stated in the absence of the Mayor, the Mayor Pro-Tem would serve as the public facing City Council representative. Councilmember Holden asked if Councilmember Monson understood the responsibilities of serving as the Mayor Pro-Tem. Councilmember Monson stated she understood these responsibilities. MOTION: Councilmember Fabel moved and Councilmember Monson seconded a motion to Approve Resolution 2024-002 Appointing 2024 City Council Liaisons For Commissions And Committees And Mayor Pro-Tem. The motion carried 4-1 (Councilmember Holden opposed). D. Motion To Approve Resolution 2024-003 Relating To The 2024 Appointments And Chairs Of The Commissions And Committees Of The City Councilmember Holden stated since the City had no policies for their Commissions and Committees, she wanted further information on how Chair appointments were being brought forward. City Administrator Perrault explained at the December 18 Council Worksession, the Council was asked to discuss the Council liaison appointments. He noted the liaisons were asked to make a recommendation for the Commission/Committee Chair appointments. Councilmember Holden asked if the Council would be discussing the dismissed Chairs. City Administrator Perrault indicated the Council was being asked to make the Chair appointments. MOTION: Councilmember Monson moved and Councilmember Fabel seconded a motion to Approve Resolution 2024-003 Relating To The 2024 Appointments And Chairs Of The Commissions And Committees Of The City. The motion carried 4-1 (Councilmember Holden opposed). G. Motion To Accept Resignation Of Parks, Trails And Recreation Committee Member Councilmember Holden noted during the Public Inquiries portion of the meeting Mark Kelliher gave his resignation from the PTRC. She explained Mark has done an outstanding job eliminating buckthorn from the community. She thanked Mr. Kelliher for his dedicated service to the community and for how diligently he worked to eliminate buckthorn in the community. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 26 Councilmember Fabel noted Mr. Kelliher had received thanks from the City Council before based on his contributions to the community. He stated Mr. Kelliher made accusations this evening against Councilmember Rousseau that were offensive and inaccurate. He believed these actions were reasons why he was not able to be a good Commission member. He explained he wanted to affirm the respect he has for Councilmember Rousseau and commented on the wonderful work she has done as the liaison with the PTRC and Planning Commission, working positively with members from both genders. Mayor Grant thanked Mark Kelliher for all of the great work he has done. He stated it was his understanding Mr. Kelliher obtained $130,000 in funding to remove buckthorn from the City. Public Works Director/City Engineer Swearingen reported the funding was part of the bonding bill and the City would find out more about this in April. Mayor Grant commented on the time Mark Kelliher and other residents have spent removing buckthorn from City property. Councilmember Holden explained based on Councilmember Fabel's comments, he must know everything that happens and he has read every email. She stated she was uncertain as to the communication between Councilmember Rousseau and Mr. Kelliher. She believed Mr. Kelliher deserved a thank you based on his years of service and noted no one has had a problem with him in years past. She hoped Mr. Kelliher would keep up the great work in removing buckthorn in the community. MOTION: Councilmember Fabel moved and Councilmember Rousseau seconded a motion to Accept Resignation Of Parks, Trails And Recreation Committee Member. The motion carried (5-0). H. Motion To Accept Resignation Of Planning Commissioner Councilmember Holden read Planning Commission Chair Paul Vijums' letter of resignation in full for the record. Mayor Grant requested Councilmember Holden provide staff with a copy of this letter. Councilmember Rousseau thanked Paul Vijums for his service. She noted there were a couple of challenging meetings and the last one ended up being a request from some of the Commissioners that a new facilitator should come in. She indicated Vice Chair Wicklund would have done a great job, but he serves as the JDA Chair and noted Commissioner Weber would be willing to help going forward. Councilmember Monson thanked Paul Vijums for his service. She stated she was disappointed in his resignation noting he was requested to step aside as Chair to allow for somebody else, but she understood he had other opportunities. Councilmember Holden indicated Paul Vijums has been the Chair for several years and with one complaint he was now replaced. She explained the entire Planning Commission recommended he serve as the Chair for three more years in November and now he has resigned. She believed Mr. Vijums has always been very attentive to the Planning Cases. She noted the trouble did not arise ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 27 until after the TCAAP vote. She indicated his vote to not move forward with TCAAP at this time without addressing the significant questions was the source of his dismissal. She stated this action was pointing to the fact that leaders had to toe the line or pay the price. She explained this message has also been sent to staff. She thanked Paul Vijums for his years of dedicated service to the City and apologized for the fact he had to lose his position on the Planning Commission because he asked hard questions and offered challenging ideas when it came to doing what was best for the City. She stated the emotional abuse from leadership was really sad to see. She commented on how Commissioners were addressed in the past when they were found to be dishonest. She believed that the manner in which this was handled was wrong and was a loss that should have never happened. She reported the members of the Planning Commission represented the City and not the Council liaison. Mayor Grant thanked Paul Vijums for his contributions to the City. He believed Mr. Vijums was an outstanding Chair of the Planning Commission. He noted this was an important position and if this matter would have been handled properly it would not have led to his resignation. He stated the City lost a really good Planning Commissioner. He indicated it was apparent that Mr. Vijums took this very personally and this was difficult to see, especially when someone has contributed so much to the community. Councilmember Fabel commented he has not met Mr. Vijums and he has no doubt that he has contributed significantly to the community over the years. However, he was approached by several people who advised him that they witnessed that Mr. Vijums was not simply opposed to moving forward with the TCAAP item, but rather he tried to prevent the Planning Commission from having a vote. He stated people felt this was exercising a degree of authority that was inappropriate as the Chair. He stated it was his understanding Mr. Vijums was not asked to step down from the Planning Commission altogether, but rather to step down from serving as the Chair. He reported it was Mr. Vijums decision to step down from the Planning Commission after being approached on how he handled this matter. MOTION: Councilmember Fabel moved and Councilmember Rousseau seconded a motion to Accept Resignation Of Planning Commissioner. Councilmember Holden asked if Councilmember Fabel had watched any of the other Planning Commission meetings where Mr. Vijums was the Chair. She stated she was surprised criticisms were being made about tabling a motion given the fact the Council has taken this same action instead of bringing things forward. She noted Paul has run meetings for the past five years, perhaps he was having a bad day and to remove him based on one meeting seemed unfair and irresponsible. She commented further on the emotional abuse that was being placed on the volunteers of the City. Mayor Grant stated there will always be difficult topics at meetings. He noted Mr. Vijums was voted to be the Chair in November for the next three years. He explained after one tough meeting he was removed from the Commission. Councilmember Rousseau clarified that Mr. Vijums was not removed from the Commission, he was encouraged to stay but was asked to step down as Chair given the feedback she received. Mayor Grant stated he believed this matter was mishandled. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 28 Councilmember Monson reported the comments stating Councilmember Rousseau was emotionally abusing people were out of line. She stated the allegations were not compatible with her personality and who she was. She explained Councilmember Rousseau was a fantastic person and she believed it was unfair for another Councilmember to attack her in this way. Councilmember Holden stated she would like to talk about offensive comments. She explained she was not allowed to serve on a committee or commission because she will not throw people off a committee because they don't toe the line. She indicated she has received more votes when there are five people running than Councilmember Monson or Councilmember Rousseau. She stated she has institutional knowledge, but the slate has determined she cannot serve on a committee. She described how she takes a leadership approach when serving, she talks with people in order to bring out the best in people. She understood that Mr. Vijums did not have to resign, but he was demoted to nothing and he chose not to stay. She indicated he was humiliated. The motion carried 3-2 (Councilmember Holden and Mayor Grant opposed). I. Motion To Approve Resolution 2024-004 Designating City -Owned Property As South Point Park Councilmember Holden stated the Council had agreed to this park name. However, she stated she did not have enough information regarding the park signage and how it would be laid out. Public Works Director/City Engineer Swearingen explained he would be bringing this item back to the PTRC to get their recommendation on the type of signage and signage location for this park. MOTION: Councilmember Fabel moved and Mayor Grant seconded a motion to Approve Resolution 2024-004 Designating City -Owned Property As South Point Park. The motion carried (5-0). J. Motion To Approve Invoice From Emergency Apparatus Maintenance, Inc. — Tanker Truck Repairs Councilmember Holden stated she spoke with Director Swearingen earlier regarding this matter. She explained the City was looking to spend $10,000 on repairs on a vehicle that would be replaced next year. She questioned why this matter was not being investigated by a fleet manager. She questioned what could be done to take care of City vehicles to ensure this type of costly repair was not needed in the future. Public Works Director/City Engineer Swearingen indicated this vehicle was purchased in 2009 and noted materials are replaced over time with stainless steel to assist with preventing rust. He explained the City does not have a way to spray the underside of its vehicles at the Public Works facility. Councilmember Holden asked if the City would be trading this vehicle in after one year. Public Works Director/City Engineer Swearingen reported this was the case. He commented further on how the fleet manager was evaluating the City's vehicle purchase for 2025. ARDEN HILLS CITY COUNCIL — JANUARY 8, 2024 29 MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Approve Invoice From Emergency Apparatus Maintenance, Inc. — Tanker Truck Repairs. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Holden asked if staff or the Council had any updates on if the Fire Department had received any federal funding. Councilmember Monson explained Brad Martens was working with Amy Klobuchar's office to fill out the paperwork. Councilmember Holden stated she would like to know more about the wetland credits on TCAAP. City Administrator Perrault reported he was still unsure if they would be pursuing wetland credits. Councilmember Holden suggested all future agendas be designed in a manner to have resident items addressed first. City Administrator Perrault commented he could work to do this in the future. Councilmember Rousseau thanked Community Development Director Jagoe for her detailed presentation on TCAAP. Mayor Grant encouraged the Council to be careful when calling the question at future meetings because this makes it difficult to go back and make amendments on motions. Mayor Grant commented on great work that was being done by the Energy Resiliency Team and thanked Councilmember Monson for her efforts. ADJOURN MOTION: Mayor Grant moved and Councilmember Monson seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 11:42 p.m. Julie Hanson City Clerk David Grant Mayor ARZEEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Joua Yang, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majorityfor action unless otherwise noted. CONSENT ITEM 8A Funding Source: N/A Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2024 Payroll #02 2024 Payroll #03 Paid Claims - 01/01/2024-02/02/2024 (Check Nos. 52351-52425 and ACH Checks) Total Payroll $107,937.91 $146,269.75 $254,207.66 $1,636,938.40 Total Accounts Payable $1,636,938.40 Total Claims $1,891,146.06 CITY OF ARDEN HILLS PAYROLL#2 CHECKS DATED: 01/19/24 Biweekly: 12/30/23 9,104.59 Oasdi 5,608.44 Medicare 1,311.63 AL TAXES ealth Premium 1,805.50 rental Premium 158.11 SA Health Care Reimb. 133.33 SA Dependent Care Reimb. 208.33 OTAL FLEXIBLE SPENDING 2,305.27 - 01/12/24 EFT 5,608.44 EFT 1,311.63 EFT EFT 0.00 A/P Check* 0.00 A/P Check* A/P Check* A/P Check* 0.00 HSA Health Saving 1 1,172.031 0.00 TOTAL HEALTH SAVINGS 1 1,172.031 0.00 Pension Fund -Union to Retirement Svsten ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Unic EFT 5,702.97 6,580.33 EFT EFT A/P Check* EFT 1,757.88 467.42 1,536.00 1.123.23 22.76 42.49 11.50 32.00 140.00 0.00 Total Employee Deductions 33,779.38 Net Payroll 0.00 Direct Deposit 60,190.71 Gross Payroll Tie -Out 93,970.09 Plus City Paid Benefit 13,967.82 TOTAL PAYROLL COST 107,937.91 FICA TIE -OUT Gross Payroll 93,970.09 Less Total FSA 2,305.27 Less Total H.SA 1,172.03 Less Voluntary Ins 34.26 Net P/R Subject to FICA 90,458.53 FICA Oasdi @ 6.20% 5,608.44 FICA Medicare @ 1.45% 1,311.63 EFT 0.00 A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* 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. CITY OF ARDEN HILLS PAYROLL # 3 CHECKS DATED: 02/02/24 Biweekly: Ol /l 3/24 - Ol /26/24 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT 9,664.03 EFT k Oasdi 6,069.12 6,069.12 EFT k Medicare 1,419.35 1,419.35 EFT 4,064.18 EFT FAL TAXES 1 21.216.681 7.488.47 .h Premium al Premium Health Care Reimb. Dependent Care Reimb. AL FLEXIBLE SPENDING ent Method 1,805.501 27,664.11 A/P Check* 158.11 842.56 A/P Check* 133.33 A/P Check* 208.33 A/P Check* 2.305.271 28.506.67 HSA Health Saving 1 1,172.031 1,500.00 TOTAL HEALTH SAVINGS 1 1,172.031 1,500.00 ral Pension Fund -Union State Retirement System CAL RETIREMENT ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Unic OTAL VOLUNTA .FT 5,503.14 6,349.77 EFT EFT A/P Check* EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* 1,743.17 467.42 1,536.00 1,123.23 9,905.54 F 6,817.19 22.76 42.49 107.50 11.50 1,483.53 48.00 140.00 Total Employee Deductions 36,347.80 Net Payroll 268.04 Direct Deposit 65,234.08 Gross Payroll Tie -Out 101,849.92 Plus City Paid Benefit 44,419.83 TOTAL PAYROLL COST 146,269.75 FICA TIE -OUT Gross Payroll 101,849.92 Less Total FSA 2,305.27 Less Total H.SA 1,172.03 Less Voluntary Ins 34.26 Less Non Taxable Tech Reimb 450.00 Net P/R Subject to FICA 97,888.36 FICA Oasdi @ 6.20% 6,069.12 FICA Medicare@ 1.45% 1,419.35 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: 2/8/2024 10:00 AM r` ----Aj� EN HiiLLs Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0192 GRAINGER INC 01/05/2024 9942577546 Supplies 64.36 9945036862 Battery Racks/Tool Station 205.93 Total for this ACH Check for Vendor 0192: 270.29 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 01/05/2024 0001165543 Wastewater January 2024 75,140.22 Total for this ACH Check for Vendor 0243: 75,140.22 ACH 0327 STAPLES INC 01/05/2024 3554589094 Supplies 190.12 3554589095 Supplies 22.40 3554659660 Supplies 33.19 Total for this ACH Check for Vendor 0327: 245.71 ACH 0382 MISSIONSQUARE #106944 01/05/2024 PR 24-01 PR Batch 00100.01.2024 ICMA Employer Perce PR Batch 00100.01.2024 ICk 453.98 PR 24-01 PR Batch 00100.01.2024 ICMA Employee Perce PR Batch 00 100.0 1.2024 ICN 393.45 Total for this ACH Check for Vendor 0382: 847.43 ACH 0387 MISSIONSQUARE #302482 01/05/2024 PR 24-01 PR Batch 00100.01.2024 ICMA Employee Perce PR Batch 00100.01.2024 ICN 257.17 PR 24-01 PR Batch 00100.01.2024 ICMA Employee Dedu PR Batch 00100.01.2024 ICN 1,500.00 Total for this ACH Check for Vendor 0387: 1,757.17 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 01/05/2024 12231090 Janitorial Services -December 1,554.58 Total for this ACH Check for Vendor 10476: 1,554.58 ACH 10497 CINTAS CORP 01/05/2024 5189918847 December First Aid 88.15 5189918847 December First Aid 87.81 Total for this ACH Check for Vendor 10497: 175.96 ACH 10551 EPTURA INC 01/05/2024 INV-18911 2024 Fleet Mgmt Software 2,619.60 Total for this ACH Check for Vendor 10551: 2,619.60 ACH 1115 WSB & ASSOCIATES INC 01/05/2024 R-023969-000-1 AGOL Task Tracking 983.50 Total for this ACH Check for Vendor 1115: 983.50 ACH 1125 BOLTON & MENK INC 01/05/2024 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 0326999 2024 PMP 25,530.50 0327000 LS 5 Forcemain 3,472.50 Total for this ACH Check for Vendor 1125: 29,003.00 ACH 1223 ADAM'S PEST CONTROL - MAIN 01/05/2024 3760791 December Pest Control 85.83 Total for this ACH Check for Vendor 1223: 85.83 ACH 2654 GOODPOINTE TECHNOLOGY INC 01/05/2024 4445 2024 ICON Pavement Mgmt Software 2,845.00 Total for this ACH Check for Vendor 2654: 2,845.00 ACH 5173 BADGER METER 01/05/2024 80148274 Beacon & LTE Sery Units 638.91 Total for this ACH Check for Vendor 5173: 638.91 ACH 6129 FAST SIGNS INC 01/05/2024 204-61893 Name Tag 18.00 Total for this ACH Check for Vendor 6129: 18.00 ACH 7025 ON SITE COMPANIES -OSSTC INC 01/05/2024 0001654419 Restrooms 12/23-1/19 341.00 Total for this ACH Check for Vendor 7025: 341.00 ACH 7084 OMNISITE 01/05/2024 91830 2024 Support Agreement 7,445.00 Total for this ACH Check for Vendor 7084: 7,445.00 ACH 8032 PACE ANALYTICAL FIELD SVC INC 01/05/2024 1223-7940 November Drinking Water Survey 1,213.50 1223-7941 December Drinking Water Survey 1,171.00 Total for this ACH Check for Vendor 8032: 2,384.50 ACH BOND BOND TRUST SERVICES CORP 01/05/2024 83294 GO Utility Revenue Bonds 2018A Interest 3,825.00 83294 GO Utility Revenue Bonds 2018A Principal 205,000.00 83294 GO Utility Revenue Bonds 2018A Principal 30,000.00 83294 GO Utility Revenue Bonds 2018A Interest 24,575.00 84769 Paying Agent Fee Bonds 2018A 64.00 84769 Paying Agent Fee Bonds 2018A 411.00 Total for this ACH Check for Vendor BOND: 263,875.00 ACH TCCC TWIN CITIES NORTH CHAMBER OF C1 01/05/2024 2022080 2024 Membership 475.00 Total for this ACH Check for Vendor TCCC: 475.00 ACH TOII TOKLE INSPECTIONS INC 01/05/2024 123123 December Electrical Inspections 2,555.20 Total for this ACH Check for Vendor TOII: 2,555.20 52351 0131 BEISSWENGERS DO IT BEST 01/05/2024 814467 Misc Supplies 30.97 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 814973 M sc Supplies 49.51 Total for Check Number 52351: 80.48 52352 10483 CENTRAL PENSION FUND O1/05/2024 401333.1223 Apprenticeship -December 320.00 Total for Check Number 52352: 320.00 52353 CPF1 CENTRAL PENSION FUND SOURCE A O1/05/2024 184503.1223 December Pension 3,072.00 Total for Check Number 52353: 3,072.00 52354 10276 CITY OF COON RAPIDS O1/05/2024 14196 2023 Sealcoating 1,294.57 Total for Check Number 52354: 1,294.57 52355 DVS1 DVS RENEWAL O1/05/2024 01042024 DVS Renewal-2024 486.00 Total for Check Number 52355: 486.00 52356 10542 EMC CLEANING OF MINNESOTA LLC O1/05/2024 25189 Floor Cleaning 4,757.75 Total for Check Number 52356: 4,757.75 52357 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSl 01/05/2024 BP3.0224 February Insurance 11,360.00 N134.0224 February Insurance 1,602.00 Total for Check Number 52357: 12,962.00 52358 10362 M RCO TECHNOLOGIES LLC O1/05/2024 INV11985487 Service 12/25-1/24 and Q4 Usage 113.28 INV11985487 Service 12/25-1/24 and Q4 Usage 641.89 Total for Check Number 52358: 755.17 52359 0240 M TROPOLITAN AREA MGMT ASSN O1/05/2024 1683 2024 Membership 45.00 Total for Check Number 52359: 45.00 52360 0422 M NNESOTA POLLUTION CONTROL A O1/05/2024 012024 Wastewater Certificate Renewal #SD-59257674 23.00 Total for Check Number 52360: 23.00 52361 10533 M C INC O1/05/2024 2023-12 CDBG-December 975.00 Total for Check Number 52361: 975.00 52362 NWFS NORTHEAST YOUTH & FAMILY SERVI 01/05/2024 1002 2024 Agreement 23,303.54 Total for Check Number 52362: 23,303.54 52363 10563 PLAN IT SOFTWARE LLC O1/05/2024 23Plan-It-1168 2024 Planning Software Renewal 900.00 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52363: 900.00 52364 1074 PRECISION LANDSCAPE & TREE INC 01/05/2024 87880 EAB Tree Removal -Red Fox Road 2,400.00 Total for Check Number 52364: 2,400.00 52365 0282 REPUBLIC SERVICES #899 01/05/2024 0899-004359289 Recycling -December 8,847.15 0899-004363299 PW Waste -December 2,591.31 Total for Check Number 52365: 11,438.46 52366 10341 SUSA TREASURER 01/05/2024 2024 Frid 2024 Membership 62.50 2024 Frid 2024 Membership 62.50 Total for Check Number 52366: 125.00 52367 3099 TRI STATE BOBCAT INC-LITTLE CANT 01/05/2024 A30537 Bar Oil 51.99 Total for Check Number 52367: 51.99 Total for 1/5/2024: 456,250.86 ACH 0189 GOPHER STATE ONE CALL 01/12/2024 3120190 December Locates 18.90 3120190 December Locates 18.90 3120190 December Locates 18.90 Total for this ACH Check for Vendor 0189: 56.70 ACH 0192 GRAINGER INC 01/12/2024 9946552677 Supplies 54.87 9953164168 Misc Supplies 58.57 Total for this ACH Check for Vendor 0192: 113.44 ACH 0285 XCEL ENERGY 01/12/2024 858842768 Service 11/14-12/17 252.42 858842768 Service 11/14-12/17 2,008.78 858842768 Service 11/14-12/17 1,584.00 858842768 Service 11/14-12/17 2,316.12 858842768 Service 11/14-12/17 1,836.25 858842768 Service 11/14-12/17 1,186.87 858842768 Service 11/14-12/17 58.98 Total for this ACH Check for Vendor 0285: 9,243.42 ACH 0292 OXYGEN SERVICE COMPANY INC 01/12/2024 0003574020 December Rental 35.32 Total for this ACH Check for Vendor 0292: 35.32 ACH 1363 WATER CONSERVATION SERVICES INI 01/12/2024 13709 Leak Locates -December 1,582.36 Total for this ACH Check for Vendor 1363: 1,582.36 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 1785 ECOTHYNK 01/12/2024 2126 January UB Statements 781.49 2126 January UB Statements 781.48 2126 January UB Statements 781.49 Total for this ACH Check for Vendor 1785: 2,344.46 ACH 4889 COMMUNITY FOOTWORKS 01/12/2024 01032024 January Foot Care Clinic 355.20 Total for this ACH Check for Vendor 4889: 355.20 ACH 6555 TKDAINC 01/12/2024 002023006363 2024 CIPP Lining 10/29-11/25 567.07 Total for this ACH Check for Vendor 6555: 567.07 ACH 7501 KELLY & LEMMONS PA 01/12/2024 62193 December Prosecution 4,199.33 Total for this ACH Check for Vendor 7501: 4,199.33 ACH 7804 MARTIN MARIETTA MATERIALS INC 01/12/2024 41401219 Recycled Aggregate 396.72 41401219 Recycled Aggregate 396.72 41401219 Recycled Aggregate 396.72 Total for this ACH Check for Vendor 7804: 1,190.16 ACH 8614 MINNEAPOLIS SAW COMPANY INC 01/12/2024 175281 supplies 49.34 Total for this ACH Check for Vendor 8614: 49.34 ACH 8870 CHET'S SHOES INC 01/12/2024 RW500911 Boots Allowance 600.00 Total for this ACH Check for Vendor 8870: 600.00 ACH JOHC JOHNSON CONTROLS INC 01/12/2024 1-131660669249 2024 Agreement-HVAC & FMS PSA 7,649.00 1-131686636380 Boiler Ignition Failures 11/13 & 12/14 1,622.67 Total for this ACH Check for Vendor JOHC: 9,271.67 52368 0131 BEISSWENGERS DO IT BEST 01/12/2024 818155 Deburring Tool & Mini Cutter 34.48 Total for Check Number 52368: 34.48 52369 AR -BRAT BRATT TREE COMPANY 01/12/2024 ROW 2023-00128 Escrow Refund ROW 2023-00128; 3319 Dulap ! 1,000.00 Total for Check Number 52369: 1,000.00 52370 1033 COMCAST 01/12/2024 101030.0124 Service 1/3-2/2 108.35 98681.0124 Service 1/5-2/4 111.52 Total for Check Number 52370: 219.87 52371 AR-COML COMLINK SOLUTIONS, LLC 01/12/2024 ROW 2022-01038 Escrow Refund ROW 2022-01038; 3787 Lexing 1,000.00 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52371: 1,000.00 52372 0546 DAKOTA COUNTY TECH COLLEGE 01/12/2024 00194859 Defensive Driving Snow Plow 800.00 Total for Check Number 52372: 800.00 52373 6954 EMERGENCY APPARATUS MAINTENA 01/12/2024 130122 Tanker 85431 10,657.88 Total for Check Number 52373: 10,657.88 52374 AR -HERO HERO HOME SERVICES 01/12/2024 ROW 2023-00094 Escrow Refund ROW 2023-00094; 3132 Shorem 4,000.00 Total for Check Number 52374: 4,000.00 52375 0390 INT'L UNION OPERATING ENGINEERS 01/12/2024 1200.0124 January Dues 280.00 Total for Check Number 52375: 280.00 52376 0222 LEAGUE OF MINNESOTA CITIES 01/12/2024 397498 2024 Stormwater Coalition 870.00 Total for Check Number 52376: 870.00 52377 AR-M&B 3 M&B SERVICES LLC 01/12/2024 ROW 2022-00573 Escrow Refund ROW 2022-00573; 1401 Indian 5,000.00 Total for Check Number 52377: 5,000.00 52378 10448 MARCO TECHNOLOGIES LLC 01/12/2024 519209845 Copier 1/25-2/25 200.35 519209845 Copier 1/25-2/25 35.36 Total for Check Number 52378: 235.71 52379 10523 METRO-INET 01/12/2024 1663 IT Support -January 9,526.00 Total for Check Number 52379: 9,526.00 52380 10486 MINNESOTA METRO NORTH TOURISI\ 01/12/2024 010924 SpringHill Suites November Lodging Tax 5,934.64 010924 Quality Inn November Lodging Tax 1,683.04 Total for Check Number 52380: 7,617.68 52381 10559 MINNESOTA ROOFING COMPANY 01/12/2024 23-2515-1 Perry Park Pavilion Roof down payment 10,000.00 Total for Check Number 52381: 10,000.00 52382 0811 RAMSEY COUNTY 01/12/2024 EMCOM-011362 Fleet Support -December 24.96 EMCOM-011398 CAD Services -December 800.84 EMCOM-011414 911 Dispatch -December 4,927.26 PRK-002299 Q4 2023 Inspections 995.31 Total for Check Number 52382: 6,748.37 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52383 3099 TRI STATE BOBCAT INC-LITTLE CANT 01/12/2024 A30791 18" LMNTD Bar 48.99 Total for Check Number 52383: 48.99 52384 AR-UNIV3 UNIVERSAL SERVICES INC 01/12/2024 ROW 2022-00563 Escrow Refund ROW 2022-00563; 1125 Red Fo 2,000.00 Total for Check Number 52384: 2,000.00 52385 1161 VALLEY -RICH CO INC 01/12/2024 32833 Watennian Repair-1675 Wedgewood Cir 34,897.71 Total for Check Number 52385: 34,897.71 52386 9755 VERIZON CONNECT NWF INC 01/12/2024 OSV000003177718 October Service 339.99 Total for Check Number 52386: 339.99 Total for 1/12/2024: 124,885.15 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 01/19/2024 0001166753 February Wastewater 75,140.22 Total for this ACH Check for Vendor 0243: 75,140.22 ACH 0319 CITY OF ROSEVILLE 01/19/2024 0242010 Q4 2023 Water Purchase 261,799.21 Total for this ACH Check for Vendor 0319: 261,799.21 ACH 0320 HEALTH PARTNERS INC 01/19/2024 009593257795 February Insurance 1,211.47 009593257795 February Insurance 18,312.11 Total for this ACH Check for Vendor 0320: 19,523.58 ACH 0327 STAPLES INC 01/19/2024 3555068615 Supplies 8.59 3555068616 Supplies 43.49 3555068617 Supplies 16.49 3555377307 Supplies 30.49 3555377307 Supplies 15.79 3556254629 Supplies 16.49 3556319491 Supplies 74.99 Total for this ACH Check for Vendor 0327: 206.33 ACH 0382 MISSIONSQUARE #106944 01/19/2024 PR 24-02 PR Batch 00200.01.2024 ICMA Employer Perce PR Batch 00200.01.2024 ICN 467.42 PR 24-02 PR Batch 00200.01.2024 ICMA Employee Perce PR Batch 00200.01.2024 ICN 405.10 Total for this ACH Check for Vendor 0382: 872.52 ACH 0387 MISSIONSQUARE #302482 01/19/2024 PR 24-02 PR Batch 00200.01.2024 ICMA Employee Perce PR Batch 00200.01.2024 ICN 14.63 PR 24-02 PR Batch 00200.01.2024 ICMA Employee Dedu PR Batch 00200.01.2024 ICN 1,100.00 PR 24-02 PR Batch 00200.01.2024 ICMA Employee Perce PR Batch 00200.01.2024 ICN 238.15 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0387: 1,352.78 ACH 10474 RECYCLE TECHNOLOGIES 01/19/2024 242034 Electronic Recycling 206.95 Total for this ACH Check for Vendor 10474: 206.95 ACH 1115 WSB & ASSOCIATES INC 01/19/2024 R-024300-000-1 2024 Datafi Subscription 3,600.00 Total for this ACH Check for Vendor 1115: 3,600.00 ACH 5587 CES IMAGING INC 01/19/2024 INV 158692 January Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 6555 TKDA INC 01/19/2024 002023006982 2024 CIPP Lining 11/26-12/30 4,885.56 002023007120 South Tower 11/26-12/30 7,229.55 002023007335 Arden Oaks St Improv 11/26-12/30 158.58 Total for this ACH Check for Vendor 6555: 12,273.69 ACH ALPI ALLEGRA PRINT & IMAGING INC 01/19/2024 011624 Postage: State of the City Mailing 92.31 170964 December Newsletter 1,902.39 170964 Postage: December Newsletter 3.20 Total for this ACH Check for Vendor ALPL• 1,997.90 52387 10507 ANIMAL HUMANE SOCIETY 01/19/2024 38498 Animial Control Q4 2023 558.00 Total for Check Number 52387: 558.00 52388 10244 COMCAST BUSINESS INC 01/19/2024 191363765 January Service 506.00 Total for Check Number 52388: 506.00 52389 0841 EHLERS & ASSOCIATES INC. 01/19/2024 96415 TCAAP Services -December 1,950.00 Total for Check Number 52389: 1,950.00 52390 10219 HR GREEN INC 01/19/2024 170840 Crew Car Wash Plan Review 9726 PC 23-020 6,266.25 Total for Check Number 52390: 6,266.25 52391 10556 INNOVATIVE OFFICE SOLUTIONS LLC 01/19/2024 IN4428682 Supplies 280.36 Total for Check Number 52391: 280.36 52392 0495 LAKE JOHANNA FIRE DEPARTMENT I 01/19/2024 904 1 st Half 2024 Fire Contract 416,966.00 907 Reimburse: 2023 Cap Equip: gas monitors 658.80 Total for Check Number 52392: 417,624.80 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52393 SRFC SRF CONSULTING GROUP INC 01/19/2024 16750.00-7 Old Highway 10 Trail Improv-December 27,216.90 Total for Check Number 52393: 27,216.90 52394 10354 ST. PAUL PIONEER PRESS 01/19/2024 1223572589 Legal Notice 12/21-12/27 #730 PC 23-024 55.86 1223572589 Legal Notice 12/21-12/27 #728 PC 23-023 54.88 1223572589 December Legal Notices: CC Mtgs/Tobacco/202 143.08 1223572589 December Legal Notices: Ch 13 85.26 1223572589 Legal Notice 12/21-12/27 #726 PC 23-020 59.78 Total for Check Number 52394: 398.86 52395 9755 VERIZON CONNECT NWF INC 01/19/2024 OSV000003217784 December Service 339.99 Total for Check Number 52395: 339.99 Total for 1/19/2024: 832,174.34 ACH 0192 GRAINGER INC 01/26/2024 9957910616 Mounting Plate 175.55 9964897228 Medium Screws 86.26 Total for this ACH Check for Vendor 0192: 261.81 ACH 0327 STAPLES INC 01/26/2024 3556634291 Supplies 38.56 3556634291 Supplies 90.98 3556634292 Supplies 37.15 Total for this ACH Check for Vendor 0327: 166.69 ACH 0922 NINENORTH 01/26/2024 2023-243 Audio/Visual-December 917.83 2023-243 Audio/Visual-December 180.00 Total for this ACH Check for Vendor 0922: 1,097.83 ACH 10363 MINUTE MAKER SECRETARIAL 01/26/2024 M1813 Janaury JDA Meeting Minutes 206.50 M1813 Janaury CC Meeting Minutes 672.00 M1813 Janaury PC Meeting Minutes 246.00 Total for this ACH Check for Vendor 10363: 1,124.50 ACH 10497 CINTAS CORP 01/26/2024 4180436892 January Mats 105.39 Total for this ACH Check for Vendor 10497: 105.39 ACH 1252 CAMPBELL KNUTSON -ATTORNEYS) 01/26/2024 3231G-1223 December Legal 3,744.93 3231G-1223 December Legal 246.50 Total for this ACH Check for Vendor 1252: 3,991.43 ACH 5593 AMERICAN LEGAL PUBLISHING COR 01/26/2024 30661 Ordinance 2023-015 31.50 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 5593: 31.50 ACH JOHC JOHNSON CONTROLS INC 01/26/2024 1-131798144914 CVM VAV Controller and NS8000 4,521.00 Total for this ACH Check for Vendor JOHC: 4,521.00 52396 UB*00705 BRADLEY & JULIE ALDRICH 01/26/2024 Refund Check 011926-000, 1256 Wyncrest Cou 339.45 Total for Check Number 52396: 339.45 52398 0131 BEISSWENGERS DO IT BEST 01/26/2024 819172 Saw Chain 110.69 Total for Check Number 52398: 110.69 52399 UB*00712 THOMAS BRAMA 01/26/2024 Refund Check 013128-000, 4355 Arden View C 30.05 Total for Check Number 52399: 30.05 52400 CWBL CITY OF WHITE BEAR LAKE 01/26/2024 13720 Ramsey County GIS Fees 2024 1,000.86 Total for Check Number 52400: 1,000.86 52401 1033 COMCAST 01/26/2024 44271.0224 Service 1/21-2/20 6.51 Total for Check Number 52401: 6.51 52402 UB*00713 DAVID EHLERS 01/26/2024 Refund Check 001753-000, 3256 New Brighton 80.72 Total for Check Number 52402: 80.72 52403 1193 FURTHER INC 01/26/2024 16770656 Participation Fees --January 60.35 Total for Check Number 52403: 60.35 52404 GFOA GOVERNMENT FINANCE OFFICERS A 01/26/2024 0254001-2024 2024 Membership 170.00 Total for Check Number 52404: 170.00 52405 UB*00709 LAURIE HEXUM 01/26/2024 Refund Check 002523-000, 1257 Ingerson Roa( 65.82 Total for Check Number 52405: 65.82 52406 UB*00706 JACQULYN MARIER 01/26/2024 Refund Check 002364-000, 1106 Carlton Drive 126.01 Total for Check Number 52406: 126.01 52407 ASSM METRO CITIES 01/26/2024 1701 2024 Membership Dues 4,134.00 Total for Check Number 52407: 4,134.00 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52408 0261 MN GOVERNMENT FINANCE OFFICEI O1/26/2024 16827 2024 Membership 70.00 Total for Check Number 52408: 52409 UB*00708 DONALD MOLENAAR O1/26/2024 Refund Check 000146-000, 1550 Highway 96 V Total for Check Number 52409: 52410 0600 NCPERS GROUP LIFE INS O1/26/2024 315800012024 Add'1 January Insurance 315800022024 February Insurance Total for Check Number 52410: 52411 0155 OFFICE OF MN IT SERVICES O1/26/2024 W23120562 December Phones Total for Check Number 52411: 52412 UB*00710 MIKE PUTNAM O1/26/2024 Refund Check 001565-000, 1698 Brueberry Lar Total for Check Number 52412: 52413 0811 RAMSEY COUNTY O1/26/2024 FLEET-000871 Fuel Purchase -December FLEET-00876 Equipment Repair Parts -December FLEET-00876 Equipment Repair -December Total for Check Number 52413: 52414 UB*00707 MATTHEW READ O1/26/2024 Refund Check 008790-000, 3275 Lake Johanna Total for Check Number 52414: 52415 6748 RELIANCE STANDARD O1/26/2024 GL154938.0224 February Insurance Total for Check Number 52415: 52416 UB*00711 SARA SIEBOLD O1/26/2024 Refund Check 007733-000, 1419 Arden View E Total for Check Number 52416: 52417 1161 VALLEY -RICH CO INC O1/26/2024 32933 Watermain Repair -Harriet Ave Total for Check Number 52417: 52418 UB*00704 JOCELYN WILSON O1/26/2024 Refund Check 001953-000, 1120 Ingerson Rom Total for Check Number 52418: Total for 1/26/2024: ACH ACH001 US BANK O1/31/2024 16.00 750.62 750.62 2,092.66 2,938.40 5,052.00 10,083.06 4,864.25 4,864.25 207.32 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ARVIM12024 THE HOME DEPOT #2828-2023 Clothing 56.16 ARVIM12024 CHETS SHOES - 2023 Clothing 20.99 FRIDJ12024 AMZN MKTP US*X95FZ4FR3-wireless access 149.00 FRIDJ12024 2023 Jeff Clothing 69.98 FRIDJ12024 U OF M CONTLEARNING Training -AR 45.00 FRIDJ12024 FULL SOURCE LLC 89.99 FRIDJ12024 AMZN MKTP US*J90Q774R3-Spark Plugs 21.56 FRIDJ12024 AMAZON.COM*U62505V93-supplies 8.00 FRIDJ12024 AMAZON.COM*3L72Q0313 sweatshirts PW si 32.37 FRIDJ12024 AMZN MKTP US*3T3M25X03-Traction Cleat, 41.69 FRIDJ12024 FLEET FARM 3100-Jeff 2023 Clothing 97.95 FRIDJ12024 AMAZON.COM*TK2A94A92-supply 39.94 FRIDJ12024 DEPT OF AGRICULTURE -Pesticides App Lice 20.45 FRIDJ12024 U OF M CONTLEARNING-training 35.00 FRIDJ12024 AMZN MKTP US -Safety Shirts PW 112.80 FRIDJ12024 AMAZON.COM*J12Y89IU3 sweatshirts PW Si 32.39 HANSJ12024 DAVANNIS #10 - CC WS Food 103.31 HANSJ12024 SP SCHWAAB INC- notary stamp JH 41.11 HANSJ12024 JIMMY JOHNS - CC WS Food 182.50 HANSJ12024 SECRETARY OF STATE -notary renewal JH 120.00 HANSJ12024 SP SCHWAAB INC - notary stamp JT 41.11 HANSJ12024 KOWALSKI'S - stamps 39.60 JAGOJ12024 PAYPAL *EHLERSTraining-JJ 330.00 JAGOJ12024 U OF M CONTLEARNING Training -AR 450.00 JAGOJ12024 EB COPY OF 10000 LAKE 2024 Dues 130.00 JAGOJ12024 U OF M CONTLEARNING -Training ST 300.00 JAGOJ12024 PAYPAL *EHLERSTraining-JY 330.00 JOHNMI2024 BEISSWENGERS HARDWARE -Ice Rink Keys 17.94 JOHNMI2024 BCS*Mounds View Public Schools -Youth Progr 113.50 MIKAT12024 MENARDS BLAINE MN -supplies 101.92 MIKAT12024 LOWES #02465*-supplies 102.65 MIKAT12024 METAL SUPERMARKETS ROSEVI 32.51 MIKAT12024 MENARDS BLAINE MN -supplies 61.42 MIKAT12024 APPLE.COM/BILL-Icloud 0.99 MOONJI2024 METAL SUPERMARKETS ROSEVI 37.93 MOONJI2024 METAL SUPERMARKETS ROSEVI 15.00 PERRD12024 FUSION LEARNING PARTNERS-RCLLG Mei 550.00 PERRD12024 LEAGUE OF MN CITIES 2024 Workshop 125.00 PERRD12024 WILLSCOT MOBILE MINI -Warming House 1: 992.20 REBATE12024 US BANK REBATE -183.66 SWEAD12024 MN STATE COLLEGES -Training 500.00 SWEAD12024 MN EROSION CTRLASSN-Training 645.00 Total for this ACH Check for Vendor ACH001: 6,053.30 ACH ACH002 AFLAC 01/31/2024 609529 Insurance Premiums- January 2024 45.52 Total for this ACH Check for Vendor ACH002: 45.52 ACH ACH006 MINNESOTA DEPT OF LABOR-BLDG P 01/31/2024 123123 Q4 Building Surcharge -161.07 123123 Q4 Building Surcharge 4,026.84 Total for this ACH Check for Vendor ACH006: 3,865.77 ACH ACH007 QUADIENT FINANCE USA INC 01/31/2024 6418.1223 Postage 12/2023 1,000.00 Total for this ACH Check for Vendor ACH007: 1,000.00 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for 1/31/2024: 10,964.59 ACH 0381 MISSIONSQUARE RETIREMENT 02/02/2024 20231231 Q1 2024 Plan Fee 250.00 Total for this ACH Check for Vendor 0381: 250.00 ACH 0382 MISSIONSQUARE #106944 02/02/2024 PR 24-03 PR Batch 00100.02.2024 ICMA Employer Perce PR Batch 00100.02.2024 ICN 467.42 PR 24-03 PR Batch 00100.02.2024 ICMA Employee Perce PR Batch 00100.02.2024 ICN 405.10 Total for this ACH Check for Vendor 0382: 872.52 ACH 0387 MISSIONSQUARE #302482 02/02/2024 PR 24-03 PR Batch 00100.02.2024 ICMA Employee Perce PR Batch 00100.02.2024 ICN 238.07 PR 24-03 PR Batch 00100.02.2024 ICMA Employee Dedu PR Batch 00100.02.2024 ICN 1,100.00 Total for this ACH Check for Vendor 0387: 1,338.07 ACH 0750 VERIZON WIRELESS 02/02/2024 9953911803 Service 01/11-02/10 1,052.15 Total for this ACH Check for Vendor 0750: 1,052.15 ACH 10497 CINTAS CORP 02/02/2024 5193884995 First Aid -January CH 25.87 5193884995 First Aid -January PW 126.87 Total for this ACH Check for Vendor 10497: 152.74 ACH 7025 ON SITE COMPANIES -OSSTC INC 02/02/2024 0001665596 Restroom 01/20-02/16 341.00 Total for this ACH Check for Vendor 7025: 341.00 ACH JOHC JOHNSON CONTROLS INC 02/02/2024 1-131816924272 Cummings Pavilion Furnance 1,096.00 Total for this ACH Check for Vendor JOHC: 1,096.00 52419 2597 AARP 02/02/2024 012423 01/23 AARP Driver Safety Course 110.00 Total for Check Number 52419: 110.00 52420 AMFI AMERICAN FIRE & SAFETY 02/02/2024 22811 2024 Fire Extinquisher Annual Maintenance -CH 130.90 22812 2024 Fire Extinquisher Maintenance 565.15 Total for Check Number 52420: 696.05 52421 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSI 02/02/2024 BP3.0324 March Insurance 11,800.00 N134.0324 March Insurance 1,682.00 Total for Check Number 52421: 13,482.00 52422 5138 LEAGUE OF MN CITIES INS TRUST 02/02/2024 40002626-2024 2024 Work Comp Insurance 66,083.00 40002726-2024 2024 Property Insurance 87,195.00 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52422: 153,278.00 52423 10362 MARCO TECHNOLOGIES LLC 02/02/2024 INVI2082576 Copier Service 01/25-01/24 13.62 INVI2082576 Copier Service 01/25-01/24 77.18 Total for Check Number 52423: 90.80 52424 1143 OFFICE OF THE SECRETARY OF STATI 02/02/2024 011724 Notary Application -SD 120.00 Total for Check Number 52424: 120.00 52425 0811 RAMSEY COUNTY 02/02/2024 PUBW-020774 Road Salt-Nov/Dec 2023 3,975.28 PUBW-020783 Brine Solution-Nov/Dec 2023 288.10 Total for Check Number 52425: 4,263.38 Total for 2/2/2024: 177,142.71 Report Total (137 checks): 1,636,938.40 AP Checks by Date - Detail by Check Date (2/8/2024 10:00 AM) Page 14 CONSENT ITEM — 8B ,-AI�EN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Joua Yang, Finance Director SUBJECT: 2023 Budget Carryovers Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion(s) to approve, table or deny the following: • Carryover budget funds from 2023 to 2024 for equipment purchases delayed due to supply chain issues and infrastructure projects yet to be completed. Discussion Car rovers It has been past practice to permit the carryover from one year to the next of unspent monies for specific purposes so budget amounts are better matched with revenues and expenditures. • An equipment purchase approved by Council in 2023 has not yet been received mainly due to supply chain issues. • A final invoice for tree planting has not yet been received. • Several Lake Johanna Fire Department capital items have been delayed. • Infrastructure projects normally take more than one year to finalize. Staff is asking for a reduction in the 2023 budget and a corresponding increase to the 2024 budget for the following items: Fund Account No. Amount Description Equipment Fund 408-48100-45500 $120,000 Park Fund 409-45200-44050 $32,000 PIR Fund 411-48539-45900 $20,000 PIR Fund 411-48536-45900 $422,600 PIR Fund 411-48537-45900 $151,120 PIR Fund 411-48321-45900 $193,000 PIR Fund 411-48321-33422 $450,000 LJFD Capital 412-48120-45500 $5,100 LJFD Capital 412-48120-45800 $13,000 Water Fund 601-48537-33422 $500,000 Replacement of Int'l Plow Wing Truck #115 Tree Planting 2022 PMP — Arden Oaks Old Snelling / CR E — Ramsey County project Lexington Avenue — Ramsey County project Mounds View High School Trail SRTS Grant - Mounds View High School Trail Computer and Radio Optimization Gutters and Ext LED lighting State Grant — Lexington Ave Watermain Page 1 of 2 Budget Impact No impact from carryovers as the request is for budget funds to be moved from 2023 to 2024 so they match up better with corresponding costs. Attachments None Page 2 of 2 CONSENT ITEM — 8C 'It EN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: Rice Creek Commons Alternative Urban Areawide Review Update Budgeted Amount: Actual Amount: Funding Source: $50,000 $39,500 General Fund Council Should Consider Motion to approve, table or deny the following: • Rice Creek Commons (TCAAP) Alternative Urban Areawide Review (AUAR) Update Background As part of preparing for the Rice Creek Commons development, the City conducted an AUAR in 2014 for the project. AUAR's are required to be updated every five years until the development has been given final approval, an update was completed in 2019 and the project is due for an update in 2024. The Council did direct Staff to bring a proposal forward for approval in 2023; however, that was delayed as the City considered changes to the regulating plan. Links to the original AUAR and update can be found below: 2014 AUAR https://www.cityofardenhills.org/DocumentCenterNiew/971 /TCAAP-Final-AUAR-and- Mitigation-Plan-07-03-14?bidId= 2019 AUAR Update https:Hcityofardenhills. org/DocumentCenter/View/3285/2019-08-27-TCAAP-AUAR-Update- Adopted-PDF?bidId= The AUAR process is a hybrid of the environmental assessment worksheet and environmental impact statement review processes. responsible governmental units can use an AUAR as a planning tool to understand how different development scenarios will affect the environment of their community before the development occurs. The process is designed to look at the cumulative impacts of anticipated development scenarios within a given geographic area. The updated proposal for Council to approve can be found under Attachment A. The biggest differences between the 2019 update and the update being proposed is the addition of a traffic study. Kimley Horn believes the traffic study is necessary as it has not been updated since 2014, and traffic data is generally good for three to five years. Page 1 of 2 If approved, Staff will begin the update with Kimley Horn. We anticipate a meeting with Kimley Horn and the City Council as they begin to make their way through the update and a meeting to discuss the results of the update. Budget Impact This was included in the 2024 budget and will not adversely affect the budget. Attachments Attachment A: Kimley Horn AUAR Proposal Page 2 of 2 DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Attachment A Kimley»>Horn January 19, 2024 Dave Perrault City Administrator City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Re: Letter Agreement for Professional Services for TCAAP AUAR Update Arden Hills, MN Dear Mr. Perrault: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant') is pleased to submit this Letter Agreement (the "Agreement') to the City of Arden Hills ("Client') for completing an Alternative Urban Areawide Review (AUAR) Update for the Twin Cities Army Ammunition Plant (TCAAP). PROJECT UNDERSTANDING The City of Arden Hills adopted the TCAAP Final AUAR and Mitigation Plan in July 2014 and adopted an AUAR Update in August 2019. According to Minnesota Rules, part 4410.3610, subpart 7, to remain valid AUARs must be revised every five years until all the development within the area has been given final approval. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1: Project Management and Meetings • Prepare for and attend up to 3 meetings with City staff to discuss the AUAR Update. Includes attendance of up to 2 Kimley-Horn staff. Prepare presentation materials for and attend up to 2 meetings with City Council. Attend up to 1 meeting with Ramsey County staff to discuss traffic coordination. • Prepare monthly invoices. Task 2: AUAR Update The AUAR Update will reference the 2014 Final AUAR and 2019 AUAR Update. It does not require new analysis for each item addressed in the 2014 AUAR; rather, the AUAR Update documents the development and mitigation that has been completed to date, and any changes in the development that have occurred or are planned to occur, which may affect future phases of implementation or mitigation measures. The format of the AUAR Update will include an introduction, description of what has been done on -site since 2019, description of changes in scenarios (if any), results of impact analysis (including a list of areas with no change), updated mitigation plan with notations for what has been accomplished and any new mitigation measures, and an AUAR process description/conclusion. DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kim ey>>> Horn Page 2 Task 2.1: Define the development scenarios Kimley-Horn will coordinate with the City to understand any planned development changes which are different from the scenarios studied in the 2014 AUAR and 2019 AUAR Update. We have assumed that the scenarios will remain the same. Task 2.2: Determine and document what has been completed within the study area Kimley-Horn will coordinate with the City to understand and quantify what has been completed since 2019 and which mitigation measures identified in the mitigation plan have been implemented. Based on this, Kimley-Horn will prepare a list of completed development and mitigation for the AUAR Update. Task 2.3: Review/update impact assessment The information presented in the 2014 AUAR and 2019 AUAR Update will be updated as described below. The following are areas of no anticipated change. These will be listed in the AUAR Update and no updated analysis will be completed. Geology, soils, and topography/landforms Historic properties • Air • Noise • Cumulative potential effects • Other potential environmental effects Updates will be completed for the following areas: • Cover types ■ Kimley-Horn will create an updated existing cover types exhibit. • Land use ■ Kimley-Horn will update the future land use discussion to reflect the adopted 2040 Comprehensive Plan and the building heights allowed under the current city code. • Water resources ■ Kimley-Horn will update the surface water discussion to reflect current regulatory status. • Contamination/hazardous materials/solid wastes ■ Kimley-Horn will update the description of environmental covenants on site. The site being removed from the Superfund list will also be described. DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kim ey>>> Horn Page 3 Fish, plant communities, and sensitive ecological resources ■ Kimley-Horn will update the description of fish and wildlife resources and potential habitat in relation to the cover types identified as needed. Any potential impacts will be addressed. ■ Kimley-Horn will complete a review of the Natural Heritage Information System database to identify state- listed threatened, endangered, and special concern species within one mile of the study area. Any identified species will be described and the potential for impacts as a result of the proposed development scenarios will be evaluated. The findings will be sent to the Minnesota Department of Natural Resources for concurrence. • Visual Kimley-Horn will update the discussion of potential visual effects to reflect the building heights allowed under the current city code. • Transportation ■ Kimley-Horn will summarize the updated traffic study (see Task 3), describe transit routes currently serving the study area, and describe any updated bike and pedestrian infrastructure serving the study area. Task 2.4: Review/update mitigation plan Kimley-Horn will update the list of permits and approvals that would be required for the development scenarios. Input from the City on the status of permits and approvals will be needed. Kimley-Horn will describe the mitigation measures that have been implemented to date and which are ongoing. Any additional mitigation measures identified through the updated impact assessment will be incorporated. Task 2.5: AUAR Update process Kimley-Horn will prepare the AUAR Update including updating the mitigation plan. Kimley-Horn will respond to one round of comments from the City. Kimley-Horn will complete the following in accordance with the process dictated in Minnesota Rules to notice and distribute the AUAR Update: Submit the notice of availability for publication in the EQB Monitor. Distribute a copy of the AUAR Update via email to the agencies and organizations included on the Minnesota Environmental Quality Board (EQB) environmental review distribution list. Publish a legal notice in the St. Paul Pioneer Press, the City's official newspaper of record. Draft a press release for the City to provide to at least one newspaper of general circulation in the project area. Kimley-Horn will draft responses to substantive comments received during the comment period. If no objections are received, Kimley-Horn will provide the AUAR Update with comment responses to the City for approval by resolution. Kimley-Horn will draft the resolution for adoption of the AUAR Update. DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kim ey>>> Horn Page 4 After adoption of the AUAR Update, Kimley-Horn will: Submit the signed resolution and request to publish a notice of adoption to the EQB Monitor. Distribute the signed resolution to all agencies that have stated that they wish to be informed of any future projects within the area as part of their comments on the AUAR and mitigation plan update. Deliverables: AUAR Update for distribution Notice of availability in the EQB Monitor Email distribution of the AUAR Update Legal notice in the St. Paul Pioneer Press • Draft press release • AUAR Update for adoption, including responses to substantive comments • Resolution for adoption of AUAR Update • Notice of adoption in the EQB Monitor • Email distribution of signed resolution Task 3: Traffic Study Update • Study Area/Data Collection: Kimley-Horn will conduct weekday turning movement counts at four (4) intersections and a 24-hour count at one (1) intersection. Finalized intersection analysis will be determined based on discussion with review agency staff. It is anticipated that only key intersections from the original AUAR Traffic Study will be included; with improvements that have been built in the area since 2014, it is not anticipated that all the study intersections in the original AUAR traffic analysis will be needed. The proposed study area intersections are: ■ County Road H & NB 1-35W Ramps ■ County Road H & SB 1-35W Ramp ■ County Road H & Mounds View Boulevard ■ Hwy 96 & SB Hwy 10 Ramp ■ Hwy 96 & Church/Future Site Access (24-hour count) • Transportation System: Summarize information for the existing transportation system, including existing roadway and intersection characteristics, existing daily traffic volume information, and compare to previously analyzed study area intersections. • Trip Generation, Distribution, and Assignment: Trip generation estimates will be prepared for the development based on the trip generation rates found in the ITE Trip Generation Manual, IIt" Edition. Trip generation will be completed for two scenarios. Site traffic distribution and assignment for the development from the 2014 TCAAP traffic analysis will be utilized. • Volume Development: The traffic counts will then be adjusted to reflect the amount of non - site traffic that can be expected to exist on the area roadway system at the Horizon Year of the development. Kimley-Horn will provide a total traffic assignment that includes site and DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kim ey>>> Horn Page 5 non -site generated traffic volumes for the weekday AM and PM peak periods for the horizon year for the two proposed scenarios. • Intersection Capacity Analysis: Intersection capacity analysis for the weekday AM and PM peak periods will be performed at the study intersections. The analysis scenarios are: ■ Existing Conditions ■ Horizon Year background conditions ■ Horizon Year Scenario 1 build conditions ■ Horizon Year Scenario 2 build conditions • Mitigation: Kimley-Horn will review the current AUAR mitigation plan and if the results of the analysis indicate that changes to the plan are needed, Kimley-Horn will identify the types of improvements required to support the proposed development. • Document Study Results and Project Coordination: An electronic (.pdf) draft report that documents the study methodology, traffic volumes, analysis results, and mitigation recommendations will be prepared and submitted for review and comment. Kimley-Horn will then incorporate internal review comments and submit an electronic copy of the traffic study report and analysis output to the local agencies for review. Kimley-Horn will attend up to two (2) meetings with the review agencies to discuss the results and recommendations of the traffic study. SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement: • Analysis of new or modified development scenarios • • Activities in response to any formal agency objections to the AUAR Update ADDITIONAL SERVICES Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. INFORMATION PROVIDED BY CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: Status of any development approvals within the study area • Status of infrastructure improvements within the study area SCHEDULE We will provide our services as expeditiously as practicable with the goal of having the AUAR Update adopted by City Council by August 2024. DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kimley»>Horn FEE AND EXPENSES Page 6 Kimley-Horn will perform the services in Tasks 1 — 3 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client. Task No. Task Description Fee 1 Project Management and Meetings $9,500 2 AUAR Update $12,000 3 Traffic Study Update $18,000 Total Lump Sum Fee $39,500 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of Arden Hills. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: Please email all invoices to Please copy To proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on this project. We appreciate the opportunity to provide these services. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Kimley»>Horn By: DocuSigned by: E�f Vaan,hvu bbuYkv, 613533EIFBD5477... Brandon Bourdon Vice President CITY OF ARDEN HILLS SIGNED: PRINTED NAME: TITLE: DATE: Attachment — Standard Provisions By: DocuSigned by: ra&d hm(, DD2369E890B2419... Rachel Haase Associate Page 7 DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS 1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley-Horn's then - current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within a reasonable time so as not to delay Kimley-Horn. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more than six months, Kimley-Horn's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Kimley-Horn as follows: a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after Kimley-Horn's transmittal of its invoice, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley- Horn's invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. d. If Kimley-Horn initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition. Kimley-Horn may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by Kimley-Horn are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of Kimley-Horn's documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Kimley-Horn's electronic files and source code remain the property of Kimley-Horn and shall be provided to the Rev 12/2022 DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by Kimley-Horn, the hardcopy shall govern. 6) Intellectual Property. Kimley-Horn may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Kimley-Horn or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Kimley-Horn maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Kimley-Horn and its affiliates. If Kimley-Horn's services include providing Client with access to or a license for Kimley-Horn's (or its affiliates') proprietary software or technology, Client agrees to the terms of the Software License Agreement set forth at https://www.kimley- horn.com/khts-software-license-agreement ("the License Agreement") which terms are incorporated herein by reference. 7) Opinions of Cost. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. Kimley-Horn cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Kimley-Horn's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. Kimley-Horn shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by Kimley-Horn as a result of such termination. 9) Standard of Care. The standard of care applicable to Kimley-Horn's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by Kimley-Horn's performance of services, and it is agreed that Kimley-Horn is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and Kimley- Horn, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of Kimley-Horn and Kimley-Horn's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of Kimley-Horn or Kimley-Horn's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify Kimley-Horn. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall Kimley-Horn be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before Kimley-Horn has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third -party reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of execution. Kimley-Horn shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate Rev 12/2022 DocuSign Envelope ID: 84121D55-A129-464C-A8C6-8702BE957EC5 to facts of which Kimley-Horn does not have actual knowledge, or that would cause Kimley-Horn to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. 15) Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware. Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against Kimley-Horn in any way connected thereto. b. Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of any contractor. Kimley-Horn's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by Kimley-Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. c. Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor's general liability insurance policy. 17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and Kimley-Horn, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and Kimley-Horn. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Kimley-Horn, without the written consent of Kimley-Horn. Kimley-Horn reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If Kimley-Horn exercises this right, Kimley-Horn will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. 18) Confidentiality. The Client consents to the use and dissemination by Kimley-Horn of photographs of the project and to the use by Kimley-Horn of facts, data and information obtained by Kimley-Horn in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, Kimley-Horn shall use reasonable care to maintain the confidentiality of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State where the Project is located. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by Kimley-Horn. If Client requires Kimley-Horn to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Kimley- Horn or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Rev 12/2022 'It EN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: 2024 Collective Bargaining Updates Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Motion to approve, table or deny the following: • 2024 Collective Bargaining Updates Background CONSENT ITEM — 8D Funding Source: N/A At the December 181h special meeting, the City Council approved the terms of a one-year collective bargaining agreement for the City's only Union, the International Union of Operating Engineers Local 49. Following that approval, the Union requested the City consider cleaning up some language in the contract, mostly regarding removing the reference to the AFL-CIO and language regarding the Central Pension Fund (this is separate from the normal pension City employees receive and is paid for by the Union members, the City does not contribute to this and is therefore not a cost to the City). The updated contract along with the requested changes is attached. The City Attorney has reviewed the updated language and did not have any concerns. This action is viewed as a housekeeping item in nature. Budget Impact N/A Attachments, Attachment A: Redlined 2024 Collective Bargaining Agreement Attachment B: Clean 2024 Collective Bargaining Agreement Attachment C: December 18 Memo on Collective Bargaining Agreement Page 1 of 1 Attachment A LABOR AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO.49 JANUARY 1, 2022-2024 THROUGH DECEMBER 31, 20232024 ARTICLE NO. DESCRIPTION PAGE NO. I PURPOSE OF AGREEMENT...................................................................1 II RECOGNITION........................................................................................1 III UNION SECURITY...................................................................................1 IV EMPLOYER AUTHORITY......................................................................2 V EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE...............................2 VI DEFINITIONS.....................................................................................4 VII SAVINGS CLAUSE.............................................................................. 5 VI11 WORK SCHEDULES............................................................................ 5 IX OVERTIME PAY................................................................................... 6 X STANDBY AND CALL BACK................................................................ 7 XI LEGAL DEFENSE...............................................................................7 XII RIGHT OF SUBCONTRACT................................................................ 7 XIII DISCIPLINE AND DISCHARGE........................................................... 7 XIV SENIORITY........................................................................................8 XVLAY-OFF ............................................................................................8 XVI PROBATIONARY PERIODS................................................................ 8 XVII SAFETY..............................................................................................8 XVIII JOB POSTING....................................................................................8 XIX PERSONAL TIME OFF CONVERSION..................................................9 XX FUNERAL LEAVE...............................................................................9 XXI PERSONAL TIME OFF (PTO).............................................................. 9 XXII GROUP INSURANCE.......................................................................... 10 XXIII HOLIDAYS...........................................................................................11 XXIV UNIFORM ALLOWANCE........................................................................11 XXV TRAINING CENTER CONTRIBUTION....................................................12 XXVI MILEAGE REIMBURSEMENT FOR TRAINING....................................12 XXVII INJURY ON DUTY............................................................................... 12 XXVIII UNUSED SICK LEAVE PAY................................................................ 13 XXIX WAIVER.............................................................................................13 XXX CENTRAL PENSION FUND................................................................. 13 XXXI DURATION.........................................................................................15 SIGNATURES....................................................................................15 APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE PAY INCENTIVE..................................................................................... 16 COMMERCIAL DRIVERS LICENSE, MEMORANDUM OF UNDERSTANDING.............................................................................18 CELEBRATING ARDEN HILLS EVENT....................................................19 OVERTIME CLARIFICATION MOU.......................................... 20 FLEET MANAGER POSITION MOU.........................................................21 2 LABOR AGREEMENT Between CITY OF ARDEN HILLS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 THIS AGREEMENT is entered into between the CITY OF ARDEN HILLS, hereinafter called the EMPLOYER, and LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL Grphereinafter called the UNION. The intent and purpose of this AGREEMENT is to 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties' recognize this AGREEMENT as a pledge of this dedication. I_1:A0[so =110:7xd0Zr]ZI110Is] Z The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications included herein whose employment services exceed the lesser of fourteen (14) hours per week, or thirty-five percent (35%) of the normal work week, and more than sixty-seven (67) work days per year, excluding supervisory, confidential and all other employees. ARTICLE III — UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 Provide or designate a bulletin board, or a portion thereof, for posting of notices of UNION affairs. 3.4 The UNION may designate one employee from the bargaining unit to act as Steward, and shall inform the EMPLOYER in writing of such choice. 3.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV — EMPLOYER AUTHORITY 4.1 The UNION recognizes the prerogative of the EMPLOYER to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including municipality personnel policies and work rules. 4.2 The prerogatives and authority which the EMPLOYER has not officially abridged, delegated or modified by the AGREEMENT are retained by the EMPLOYER. ARTICLE V — EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE 5.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 5.2 Union Representatives The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 5.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the employee and the UNION representative have notified and received approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 5.4 Procedure Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Step 1 • An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within ten (10) calendar days after such alleged violation has occurred present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer 2 to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5• A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after the request for such action. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Director, Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from panel. The party requesting arbitration shall strike the first name, the other party shall then strike one (1) name and the process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall be requested to issue a decision within thirty (30) calendar days after the close of the record unless the parties mutually agree to an extension. 5.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to any extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 5.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE VI — DEFINITIONS 6.1 UNION The International Union of Operating Engineers, Local No. 49, AFL CIO. 6.2 EMPLOYER The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation. 6.3 UNION MEMBER A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 6.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 6.5 BASE PAY RATE The employee's hourly pay rate exclusive of longevity or any other special allowance. 6.6 SENIORITY Length of continuous service in any of the job classifications covered by ARTICLE II RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on the length of service under this AGREEMENT for purposes of promotion, transfer, and lay off and total length of service with the EMPLOYER for other AGREEMENT. S 6.7 STEWARD Employee whose responsibilities are limited to receiving complaints from its members of violations of the AGREEMENT, checking status of membership in the unit reporting safety problems and service as a communication link. 6.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 6.9 HOLIDAY OVERTIME Employees required to work on an observed Holiday (refer to Article )0011) shall be compensated one and one-half (1.5) times their base hourly pay rate for each hour worked. Employees required to work on the actual holiday shall be compensated two (2) times their base hourly pay rate for each hour worked. 6.10 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VII — SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Arden Hills in the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE VIII — WORK SCHEDULES 8.1 The EMPLOYER has the sole authority in the preparation of work schedules. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours. 8.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or week. The EMPLOYER shall give at least two (2) working days advance notice to the employees affected by the establishment of work days different from the employee's normal work day or week. The EMPLOYER will first ask for volunteers to staff these changes to the normal work week or day. If there are not enough volunteers to fill the shift change, the EMPLOYER will assign personnel to fill the shift based on seniority. Those employees with the least seniority will be assigned first until all shifts are assigned. 8.3 The employees shall be allowed one coffee break in the morning of thirty (30) minutes in duration inclusive of driving time to and from the Public Works building if required, and no coffee break in the afternoon. They shall be allowed a lunch period of thirty (30) minutes for which they will receive no pay. The thirty (30) minutes unpaid lunch break will exclude driving time to and from the work site to the City garage. This driving time will be limited to driving to and from the City garage and the work site(s); interim stops will not be permitted. It is understood that the EMPLOYER or designated representative may require that the thirty (30) minutes unpaid lunch break be taken at the work site when warranted for reasons of business necessity. 8.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 8.5 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 8.6 No involuntary time off without pay (temporary lay-off) will be implemented for regular employees while temporary or part-time employees are on the payroll, with the exception of the employee doing janitorial work at City Hall and the "On the Job Training" students. 8.7 In the event that the EMPLOYER initiates a temporary interruption in employment the EMPLOYER may provide employees in the affected unit an opportunity to voluntarily request leaves of absence without pay. Such temporary interruptions in employment shall not be considered a lay-off. While on unpaid leave of absence due to temporary interruption in employment the employee will continue to accrue seniority. ARTICLE IX — OVERTIME PAY 9.1 For the purposes of determining overtime pay, each day will be the twenty-four (24) hour period beginning at 12:01 a.m. and ending at midnight, while each week will be the seven (7) day period beginning on Saturday and ending on Friday. 9.2 Hours worked in excess of eight (8) within a twenty-four (24) hour period (except for shift changes) or more than forty (40) within a seven (7) day period will be compensated for at one and one-half (1-1/ 2) times the employee's regular base pay. All hours worked on an actual holiday will be compensated for at two (2) times the employee's regular base pay. (Refer to definitions found in Article VI, section 6.9) For purposes of this section, "hours worked" shall include hours designated as holiday, personal time off, or compensatory time -off. 9.3 At the discretion of the EMPLOYER, an employee may receive compensatory time off in lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's regular base pay or two (2) times the employee's regular base pay for hours worked on an actual holiday, or be paid for overtime worked. 9.4 Maximum compensatory time accumulated shall not exceed eighty (80) hours. If the maximum is exceeded, the employee will receive overtime pay to reduce the accumulation to the maximum allowed. 1161 ARTICLE X —STANDBY AND CALL BACK 10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby assignments. The employee on standby status will be available during that period for call back and the EMPLOYER will call that employee first should any call back be necessary. The employee will be paid one (1) hour at time and one-half the regular rate of pay for that employee for standby on weekdays. The employee will be paid two (2) hours at time and one-half the regular rate of pay for that employee for standby on weekends and observed holidays. 10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off in lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours compensatory time off for each twenty-four (24) hour period on standby status Monday through Friday; three (3) hours compensatory time off for each twenty-four (24) hour period on standby status on weekends and those dates recognized by the EMPLOYER as observed holidays. Such compensatory time accumulation shall be part of the maximum allowed under Section 9.4. 10.3 An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate, or two times the base rate on the actual holiday. Special weekend and holiday schedules for lift checking shall be treated as call backs. 10.4 Special weekend and holiday schedules for lift station checking shall be treated as a call back. ARTICLE XI — LEGAL DEFENSE 11.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision shall not receive legal defense by the City. 11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of employment, when such act is performed in good faith and under direct order of the supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XII — RIGHT OF SUBCONTRACT 12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIII — DISCIPLINE AND DISCHARGE 13.1 The EMPLOYER retains the sole right to discipline and discharge employees. 7 ARTICLE XIV — SENIORITY 14.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other qualification factors are equal. ARTICLE XV — LAY-OFF 15.1 If a lay-off is deemed necessary by the EMPLOYER, the affected employees will be notified in writing at least four (4) weeks prior to the effective date. ARTICLE XVI — PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a minimum of six (6) months probationary period. If the EMPLOYER extends the initial probationary period beyond six (6) months, the employee's base pay rate will not change until the employee has successfully completed the designated probationary period. The extended probationary period will not exceed three (3) months. 16.2 An employee will serve a probationary period in any job classification for which the employee has not served one previously. 16.3 At any time during the probationary period, the probationary employee may be discharged at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. 16.5 At least three (3) weeks prior to the completion of the probationary period, the City Administrator/Clerk shall review the performance of the probationary employee, and notify the Council if a termination is recommended. The matter shall be placed on the Council agenda for the next regular meeting, at which time the Council shall consider the recommendation and make a determination as to whether the employee shall be terminated at the end of the probationary period. If the employee is not to be continued beyond the end of the probationary period, the employee shall be so notified before the end of such period. The City Administrator will have discretion to approve the successful completion of a probationary period and/or extend a probationary period. ARTICLE XVII — SAFETY 17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII — JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article, shall be subject to the conditions of ARTICLE XVI, "PROBATIONARY PERIODS". 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) work days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX — PERSONAL TIME OFF CONVERSION 19.1 All employees hired before June 29, 2002, will convert their current sick leave accrued hours to Personal Time Off (PTO). The conversion will be calculated by adding current accrued sick leave and current accrued vacation and subtracting two hundred forty hours (240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is defined as accrued hours which may be used only when the employee qualifies under Short Term Disability, Long -Term Disability or when accrued PTO is exhausted. For allowed accruals over the maximum refer to Article XXI, section 21.3. ARTICLE XX — FUNERAL LEAVE 20.1 Each employee shall be entitled to three (3) paid days of funeral leave for a death in the immediate family of the employee. 20.2 "Immediate family" shall mean an employee's spouse, children, siblings, parents, grandparents, aunts, uncles, nephews, nieces, in-laws or grandchildren. ARTICLE XXI — PERSONAL TIME OFF (PTO) 21.1 Personal Time Off (PTO) is authorized absence from duty. Employees working an average of 40 hours per week on an annual basis are eligible for Personal Time Off. Employees may not use Personal Time Off until successful completion of their probationary period although Personal Time Off accumulates during this time. The following chart provides information regarding Personal Time Off. Years of service are calculated from the anniversary date of employment. PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2020: Completed years of Service Personal Time 0 — 5 Years 7 hours bi-weekly 6 10 Years 9 hours bi-weekly After 10 Years 10 hours bi-weekly 9 PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1, 2020: Completed Months of Service 0 — 36 months 37 months - 108 months 109 months — 168 months 169 months — 228 months 229 months or more Personal Time 6 hours bi-weekly 7 hours bi-weekly 7.5 hours bi-weekly 8.5 hours bi-weekly 9 hours bi-weekly Benefit year for Personal Time Off is March 1 t through February 28t". A maximum of 240 hours of Personal Time Off may be carried over from benefit year to benefit year. Carryover beyond 240 hours of Personal Time Off will only be made in accordance with Section 21.3 or under special circumstances with approval from the City Administrator. Any employee leaving the service of the City in good standing will be compensated 100% for Personal Time Off up to 240 hours or amount allowed in Section 21.3 accrued to the day of separation provided said employee has served at least twelve (12) consecutive months prior to separation. Such pay for accumulated Personal Time Off will be at the same rate as the hourly rate of the employee's base salary. Personal Time Off may not be used to extend an employee's actual termination date. When a paid holiday falls on a working day during an employee's Personal Time Off, the day of the holiday will not be counted as a day of Personal Time Off. One (1) day of Personal Time Off shall be equivalent to the regular number of hours in a workday. 21.2 Personal Time Off may not be used by an employee until the end of the employee's probationary period. 21.3 In unusual or extenuating circumstances in order to accomplish the work programs of the EMPLOYER, the employee may be allowed to carry accrued, unused PTO beyond two -hundred forty (240) hours into the next benefit year with the prior approval of the Department Head. 21.4 All requests for PTO of five (5) or more consecutive work days shall be submitted by April 1st of each year, and posted for five (5) consecutive work days. In case of any conflict for a preferred PTO period(s), the senior employee will be given preference. Any PTO requests of less than five (5) consecutive work days that are submitted more than four (4) weeks in advance shall be posted for three (3) work days. Any conflicts in scheduling shall be resolved by seniority. Any PTO requests which are not posted shall be considered on a "first come, first served" basis. ARTICLE XXII — GROUP INSURANCE 22.1 Effective January 1, 20132024, the EMPLOYER will contribute $1,284.00the same deflarper month GORtrib t'GR as onfAr nr�n_i in inn employe to the Operating Engineers, Local 49 Health and Welfare Administrators for Group Health and Dental Insurance. Thy-dellaamount will be equivalent te the dollar amount reGeived by non unien employees on a family ins iranGe plane as long as, the 10 22.2 Employees may participate, at their own expense, in additional life insurance as an add - on to City sponsored plans approved under the EMPLOYER'S current insurance provider. 22.3 It is understood that the EMPLOYER'S only obligation is to pay the EMPLOYER contribution for group insurance premiums as agreed to herein. The EMPLOYER is not liable for claims as a result of a denial of insurance benefits by an insurance carrier. ARTICLE XXIII — HOLIDAYS 23.1 The EMPLOYER will provide twelve (12) paid holidays as follows: Holiday Observance Day New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Thanksgiving Day After Fourth Friday in November Christmas Eve Day December 24 Christmas Day December 25 New Year's Eve Day December 31 23.2 In the event that New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on a Sunday, the following Monday shall be a paid holiday. If any of the preceding holidays fall on a Saturday, the preceding Friday shall be a paid holiday. 23.3 Employees required to work on a designated holiday shall be compensated one and one-half (1.5) times their base hourly pay rate for each hour worked, plus Holiday pay. Employees required to work on the actual holiday shall be compensated two (2) times their base hourly pay rate for each hour worked plus holiday pay if the actual holiday qualifies for holiday pay in section 23 1. ARTICLE XXIV — UNIFORMS 24.1 The Employer shall provide each employee with an annual uniform allowance of six hundred twenty five dollars ($625.00) and an ANSI approved safety boot allowance of two -hundred dollars ($200.00). 11 24.2 Employees shall purchase ANSI approved safety boots and uniforms from the same vendor not to exceed the maximum allowance. Uniforms are to be approved by the Public Works Director. 24.3 The Employer will provide the Employee with an authorized 3-in-1 reflective safety jacket every other year and a reflective rain flagger suit every three years. 24.4 Employees will purchase and wear only uniform items that have been authorized by the City and are prohibited from wearing personal items as uniform items. 24.5 Receipts are required for all items purchased. 24.6 The City shall provide OSHA required Personal Protective Equipment (PPE), including but not limited to safety vests, non-prescription safety glasses, and ear protection. Employees are expected to be OSHA compliant at all times. ARTICLE XXV — LOCAL 49 TRAINING CENTER CONTRIBUTION Effective January 1, 2022 2024 The Employer agrees to contribute (¢.2-030) per straight -time hour worked, per bargaining } unit Employee, to the Local 49 Training Cent er and (0.25) per straight _ im he hour worked of effective Ianuary 9 2023. The Employer shall pay this contribution, by the 15th of the following month, directly to Wilson McShane Corporation at: 3001 Metro Drive, Suite 500, Bloomington, MN 55425. The Employer and bargaining unit Employees will be provided all benefits of the Local 49 Training Center. ARTICLE XXVI — MILEAGE REIMBURSEMENT FOR TRAINING 25.1 An employee must have the prior approval of the Public Works Superintendent to attend training to enhance job -related knowledge and skills. 25.2 An employee using a privately owned vehicle to travel to and from the location of approved training will receive mileage reimbursement at the federal rate which is adopted by the EMPLOYER annually. ARTICLE XXVII — INJURY ON DUTY 26.1 If an injury on duty results in an employee missing work, the EMPLOYER will pay the employee's regular base pay rate. The amount paid by the Worker's Compensation Insurance will be turned over by the employee to the EMPLOYER. 26.2 This injury on duty benefit would be provided up to a maximum of twenty-six (26) days. 26.3 No Personal Time Off shall be charged for payment of this benefit. 12 ARTICLE XXVIII — UNUSED SICK LEAVE PAY 27.1 Regular full-time employees who have completed ten (10) or more years of continuous service with the EMPLOYER and who leave in good standing, will receive 33-1/3% of unused, accumulated sick leave upon their separation. Regular full-time employees who have completed twenty (20) or more years of continuous service with the EMPLOYER and who leave in good standing, will receive 50% of unused, accumulated sick leave upon their separation. To qualify for this benefit an employee must have an established sick leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post -Employment Health Care Savings Plan (Refer to Article XXX (section 30.4). ARTICLE XXIX — WAIVER 28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT, or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXX — CENTRAL PENSION FUND The City of Arden Hills agrees to participate in the Central Pension Fund of the International Union of Operating Engineers and Participating Employers ("Central Pension Fund") in accordance with the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of Benefits, and this Memorandum of Understanding. 13 I - W-1 11 I � I � 1 � 1 NNOW1V2r.WARj!9!I. • OW - . - - 1111- 1. Minnesota Statute § 356.24, Subd. 1(10) expressly authorizes the Employer to contribute public funds to the Central Pension Fund as a supplemental pension plan for the employees of a governmental subdivision who are covered by a collective bargaining agreement that provides for such coverage. 2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund. 3. The Parties agree that the agreed upon Employer contribution amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as a pre-tax Employer contribution. Contributions from the Employer will not be funded from any other source unless agreed upon by the parties. 4. The hourly contribution rate will be applied to every hour compensated (i.e. hours worked, vacation, holiday and sick time) except for overtime hours worked. The Employer shall remit this contribution directly to the Central Pension Fund at P.O. Box 418433 Boston, MA 02241-8433. 5. A contribution of $2.40 per straight time hours compensated prevents annual Central Pension Fund contributions on behalf of eligible Employees from exceeding $10,000.00 in a year and therefore complies with the limitations set forth under Minnesota Statute, §356.24, Subd. 1(10) as amended. 6. For purposes of determining future wage rates, the Employer shall first restore the amount of the Employer Contribution, which is currently the CPF contribution rate of $2.40 per hour, then apply the applicable wage multiplier, then reduce the revised wage by the Central Pension Fund contribution rate. 7. For purposes of calculating overtime compensation, the Employer shall first restore the amount of the Employer Contribution $2.40 then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act (FLSA) and the Collective Bargaining Agreement, then pay the resulting amount for overtime worked. 14 8. The Parties agree that the Public Employees Retirement Association (PERA) interprets Employer contributions to the Central Pension Fund as being included in determining "salary" for the purposes of the public pension. 9. The parties agree to abide by the terms and conditions of the Restated Agreement and Declaration of Trust and the Plan of Benefits of the Central Pension Fund. 10. Effective January 1, 2022, the contribution rate equals $2.40 per straight time hour compensated. 11. Members, by majority vote, may change the contribution rate at any time during the life of the Collective Bargaining Agreement. The Union and Employer will work together to implement member approved changes as soon as is practicable. 15 ARTICLE XXXI — DURATION This AGREEMENT shall be effective as of the date of its signing and shall remain in full force and effect January 1, through December 31, 20232024. It shall continue in full force and effect from year-to-year, unless terminated or renegotiated in the manner provided by the Public Employment Labor Relations Act of 1971 as amended. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of CITY OF ARDEN HILLS By: _ Mayor By: City Administrator 20212024. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 Jason George, Business Manager Ron Boesel, Business Representative Union Steward 16 Appendix A WAGES AND CLASSIFICATIONS A. Effective January 1, 2023-2024 the pay scale will be increased by a $2.00 Market Adjustment and three percent COLA, see below for 2023-2024 pay scale. 1 26.1028.94 6 months to step 2 2 2:7.3830.26 6 months to step 3 3 28.7-231.64 12 months to step 4 4 30.1233.08 12 months to step 5 5 31.5934.60 12 months to step 6 6 33.1436.19 N/A The EMPLOYER will have the sole discretion to hire employees at a step determined during the hiring process, the EMPLOYER may take into consideration factors including, but not limited to, education, qualifications, and work experience of an applicant. The EMPLOYER will have the right to hire employees at different steps and will have no obligation to adjust existing union employees pay rate to match new employees. CB. Employees employed by the EMPLOYER on a temporary basis for no more than nine hundred -sixty hours (960) per calendar year, either in a full-time or part-time capacity, will be paid at an hourly rate as determined by the EMPLOYER for the term of their employment. Such employees will not be eligible for any rights or benefits under this AGREEMENT, including Article V, "Employee Rights/ Grievance Procedure". 17 9C. License Pay Incentive Any employee who has or completes training for and receives from the Minnesota Department of Transportation Certification as a Minnesota Commercial Vehicle Inspector, or receives from the State of Minnesota Certification as both a Tree and Weed Inspector shall receive an hourly incentive of $0.10/hour to their base wage. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Commercial Driver's License The purpose of this Memorandum of Understanding is to assist both Labor and Management in applying the new rules for Commercial Drivers License (CDL) holders. The following conditions will apply to no more than one (1) Public Works employee with fifteen (15) years of service or more in the Local 49 Bargaining Unit at any given time, and allows only one revocation per person. 1. If an employee temporarily loses his/her driver's license and CDL, the employee must obtain a valid work permit that allows them to drive non-commercial vehicles during work hours. An employee that has no valid license may be required to use paid leave until they are able to obtain a valid work permit. An employee who does not obtain a drivers license within ninety (90) days will be terminated. 2. In the opinion of the Department Head, there must be sufficient bargaining unit work that does not require a CDL and the impacted employee shall possess the skills and abilities to successfully undertake those tasks. 3. If there is sufficient work, the Employer will accommodate an employee who temporarily loses his/her CDL license for a period not to exceed one (1) year. The one (1) year period begins as of the date of his/her license revocation. If the employee does not have their CDL reinstated within one (1) year, the employee will be terminated. 4. If the temporary loss of a driver's license is the result of an alcohol -related offense, the employee will be required to comply with the recommendations of a Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer. 5. This agreement applies to driving violations outside the work place. This agreement does not include positive test results from the Department of Transportation's required random testing. 6. A twenty-five percent (25%) decrease in pay will begin as of the revocation date. Any lost wages during the revocation of the employee's drivers license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. This Memorandum of Understanding will remain in effect from January 1, 2022 2024 through December 31, 202-32024. As of January 1, 2-0242025the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: By: By: By: 19 Date: Date: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Celebrating Arden Hills WHEREAS, every year the City of Arden Hills holds its annual City festival, "Celebrating Arden Hills" and WHEREAS, it is necessary for the success of this event that City employees work a shift during the event; and WHEREAS, the Public Works employees of the City of Arden Hills are required to work at least one shift a this annual event, which is held on a Saturday in September each year; and WHEREAS, the City desires to clearly state the work requirements as they relate to this event. THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit's expectations regarding the "Celebrating Arden Hills" event: • All employees are required to work at least one assigned shift during the festival. • In return for time worked, to the extent that it is outside normal work hours, the employees may be compensated for time worked at: o One and one-half times the normal rate of pay; or o Accrual of compensatory time at one and one-half times the normal rate of pay; or o The group as a whole may desire to arrange a set amount of time off as a group, as agreed upon between the union and the City Administrator. This Memorandum of Understanding will remain in effect from January 1, 2022 2024 through December 31. 292-32024. As of January 1, 2924-2025 the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: By: By: By: Date: 20 Date: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Overtime Clarification WHEREAS, the Labor Agreement between I.U.O.E., Local 49 and the City of Arden Hills stipulates when the EMPLOYER will pay overtime, THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit's expectations regarding overtime pay: o Depending on the schedule set by the EMPLOYER, bargaining unit EMPLOYEES will be eligible for overtime pay after eight hours worked on a normally scheduled day, or forty hours in a work week; however, during times when the regularly scheduled work day goes beyond eight hours, such as summer hours, the employee will be paid overtime during hours worked outside of the set schedule. For example, during summer hours an EMPLOYEE is expected to work between 6:30 am and 4:00 pm, the EMPLOYEE would be eligible for overtime outside of those hours assuming the EMPLOYEE was working during those hours. This Memorandum of Understanding will remain in effect from January 1, 2022-2024 through December 31, 202-32024. FOR CITY OF ARDEN HILLS FOR IUOE, LOCAL NO. 49 By: By: By: By: Date: 21 Date: Memorandum of Understanding Between The City of Arden Hills -And- I.U.O.E. Local No. 49 This Memorandum of Understanding entered into between the City of Arden Hills ("Employer") and the International Union of Operating Engineers, Local No. 49 ("Union") sets forth the respective parties' agreement regarding the Fleet Manager Position. It is hereby understood and agreed to between the parties that the Fleet Manager job responsibilities are: 1. Perform routine inspections of all PW fleet and complete the related Preventative Maintenance Checklists. 2. Perform basic routine maintenance and minor repairs on vehicles and equipment such as, but not limited to, oil changes, tire rotations, tire pressures, air filters, fluid levels, lubricating, cleaning, etc. Any vehicles or equipment that are above the expected level of skill for this position must be sourced out to a shop at a competitive labor rate. 3. Maintain record of all services done to PW fleet and associated costs using asset management software. 4. Coordinate the maintenance and repairs of PW fleet to be done by PW Department. or if determined an outside resource is needed and ensure the quality of all maintenance and repairs. 5. Maintain inventory of materials and supplies. 6. Ensures shop safety and performs related routine inspections including, but not limited to, eye washes, mechanics hoist, air compressor, and crane truck that require inspections or a monthly check (initial and tag) monthly. If this work is required to be outsourced, this position would coordinate that effort. 7. Assists in the preparation of annual operating and capital improvement budgets and provide information and recommendations to the Public Works Superintendent to determine and plan purchases of vehicles, equipment, materials, and supplies. 8. This position's job responsibility is secondary to the job expectations of the Public Works Maintenance Worker. 22 9. Plan fleet maintenance work outside of priority Public Works tasks when staffing is needed and coordinate fleet maintenance work schedule with the Public Works Superintendent. 10. The additional rate of $2.00/hr. will be applied to the base rate of the employee but only towards regular hours. This position is not intended to require overtime to complete any necessary tasks. I I. This position will be open to applications from PW Maintenance Worker staff and chosen through an interview process to ensure the applicant has proper qualifications and experience. 12.The Fleet Manager's duties are additional to current duties as PW Maintenance Worker 13.This position will be overseen/supervised by the PW Superintendent 14.This position will be reevaluated annually to determine if the employee will continue duties for another 1-year term This Memorandum of Understanding shall be in effect until 12/31 /2024. In addition, it is understood that this Memorandum of Understanding may be extended by the mutual agreement of both parties. For the City of Arden Hills: City Administrator Date: 23 For I.U.O.E. Local 49: Ron Boesel, Business Representative Date: Attachment B LABOR AGREEMENT BETWEEN THE CITY OF ARDEN HILLS AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO.49 JANUARY 1, 2024 THROUGH DECEMBER 31, 2024 ARTICLE NO. DESCRIPTION PAGE NO. I PURPOSE OF AGREEMENT...................................................................1 II RECOGNITION........................................................................................1 III UNION SECURITY...................................................................................1 IV EMPLOYER AUTHORITY......................................................................2 V EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE...............................2 VI DEFINITIONS.....................................................................................4 VII SAVINGS CLAUSE.............................................................................. 5 VI11 WORK SCHEDULES............................................................................ 5 IX OVERTIME PAY................................................................................... 6 X STANDBY AND CALL BACK................................................................ 7 XI LEGAL DEFENSE...............................................................................7 XII RIGHT OF SUBCONTRACT................................................................ 7 XIII DISCIPLINE AND DISCHARGE........................................................... 7 XIV SENIORITY........................................................................................8 XVLAY-OFF ............................................................................................8 XVI PROBATIONARY PERIODS................................................................ 8 XVII SAFETY..............................................................................................8 XVIII JOB POSTING....................................................................................8 XIX PERSONAL TIME OFF CONVERSION..................................................9 XX FUNERAL LEAVE...............................................................................9 XXI PERSONAL TIME OFF (PTO).............................................................. 9 XXII GROUP INSURANCE.......................................................................... 10 XXIII HOLIDAYS...........................................................................................11 XXIV UNIFORM ALLOWANCE........................................................................11 XXV TRAINING CENTER CONTRIBUTION....................................................12 XXVI MILEAGE REIMBURSEMENT FOR TRAINING....................................12 XXVII INJURY ON DUTY............................................................................... 12 XXVIII UNUSED SICK LEAVE PAY................................................................ 13 XXIX WAIVER.............................................................................................13 XXX CENTRAL PENSION FUND................................................................. 13 XXXI DURATION.........................................................................................15 SIGNATURES....................................................................................15 APPENDIX A - WAGES AND CLASSIFICATIONS, LICENSE PAY INCENTIVE..................................................................................... 16 COMMERCIAL DRIVERS LICENSE, MEMORANDUM OF UNDERSTANDING.............................................................................18 CELEBRATING ARDEN HILLS EVENT....................................................19 OVERTIME CLARIFICATION MOU.......................................... 20 FLEET MANAGER POSITION MOU.........................................................21 2 LABOR AGREEMENT Between CITY OF ARDEN HILLS And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 THIS AGREEMENT is entered into between the CITY OF ARDEN HILLS, hereinafter called the EMPLOYER, and LOCAL NO. 49, INTERNATIONAL UNION OF OPERATING ENGINEERS, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to 1.1 Establish certain hours, wages, and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties' recognize this AGREEMENT as a pledge of this dedication. I_1:A0[so =110:7xd0Zr]ZI110Is] Z The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications included herein whose employment services exceed the lesser of fourteen (14) hours per week, or thirty-five percent (35%) of the normal work week, and more than sixty-seven (67) work days per year, excluding supervisory, confidential and all other employees. ARTICLE III — UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 Provide or designate a bulletin board, or a portion thereof, for posting of notices of UNION affairs. 3.4 The UNION may designate one employee from the bargaining unit to act as Steward, and shall inform the EMPLOYER in writing of such choice. 3.5 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE IV — EMPLOYER AUTHORITY 4.1 The UNION recognizes the prerogative of the EMPLOYER to operate and manage its affairs in all respects in accordance with existing and future laws and regulations of appropriate authorities including municipality personnel policies and work rules. 4.2 The prerogatives and authority which the EMPLOYER has not officially abridged, delegated or modified by the AGREEMENT are retained by the EMPLOYER. ARTICLE V — EMPLOYEE RIGHTS/ GRIEVANCE PROCEDURE 5.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 5.2 Union Representatives The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 5.3 Processing of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the employee and the UNION representative have notified and received approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. S 5.4 Procedure Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Step 1 • An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within ten (10) calendar days after such alleged violation has occurred present such grievance to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER -designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 2 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 representative. The EMPLOYER - designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5• A grievance unresolved in Step 4 and appealed to Step 5 shall be submitted to arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after the request for such action. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Director, Bureau of Mediation Services, to provide a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from panel. The party requesting arbitration shall strike the first name, the other party shall then strike one (1) name and the process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall be requested to issue a decision within thirty (30) calendar days after the close of the record unless the parties mutually agree to an extension. 5.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to any extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 5.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE VI — DEFINITIONS 6.1 UNION The International Union of Operating Engineers, Local No. 49. 6.2 EMPLOYER I161 The City of Arden Hills, Ramsey County. Minnesota, a Minnesota municipal corporation. 6.3 UNION MEMBER A member of the International Union of Operating Engineers, Local No. 49. 6.4 EMPLOYEE A member of the exclusively recognized bargaining unit. 6.5 BASE PAY RATE The employee's hourly pay rate exclusive of longevity or any other special allowance. 6.6 SENIORITY Length of continuous service in any of the job classifications covered by ARTICLE II RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on the length of service under this AGREEMENT for purposes of promotion, transfer, and lay off and total length of service with the EMPLOYER for other AGREEMENT. 6.7 STEWARD Employee whose responsibilities are limited to receiving complaints from its members of violations of the AGREEMENT, checking status of membership in the unit reporting safety problems and service as a communication link. 6.8 OVERTIME Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 6.9 HOLIDAY OVERTIME Employees required to work on an observed Holiday (refer to Article )0011) shall be compensated one and one-half (1.5) times their base hourly pay rate for each hour worked. Employees required to work on the actual holiday shall be compensated two (2) times their base hourly pay rate for each hour worked. 6.10 CALL BACK Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VII — SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Arden Hills in the event any provision of this AGREEMENT shall be held to be contrary to 7 law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE VIII — WORK SCHEDULES 8.1 The EMPLOYER has the sole authority in the preparation of work schedules. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours. 8.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or week. The EMPLOYER shall give at least two (2) working days advance notice to the employees affected by the establishment of work days different from the employee's normal work day or week. The EMPLOYER will first ask for volunteers to staff these changes to the normal work week or day. If there are not enough volunteers to fill the shift change, the EMPLOYER will assign personnel to fill the shift based on seniority. Those employees with the least seniority will be assigned first until all shifts are assigned. 8.3 The employees shall be allowed one coffee break in the morning of thirty (30) minutes in duration inclusive of driving time to and from the Public Works building if required, and no coffee break in the afternoon. They shall be allowed a lunch period of thirty (30) minutes for which they will receive no pay. The thirty (30) minutes unpaid lunch break will exclude driving time to and from the work site to the City garage. This driving time will be limited to driving to and from the City garage and the work site(s); interim stops will not be permitted. It is understood that the EMPLOYER or designated representative may require that the thirty (30) minutes unpaid lunch break be taken at the work site when warranted for reasons of business necessity. 8.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 8.5 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 8.6 No involuntary time off without pay (temporary lay-off) will be implemented for regular employees while temporary or part-time employees are on the payroll, with the exception of the employee doing janitorial work at City Hall and the "On the Job Training" students. 8.7 In the event that the EMPLOYER initiates a temporary interruption in employment the EMPLOYER may provide employees in the affected unit an opportunity to voluntarily request leaves of absence without pay. Such temporary interruptions in employment shall not be considered a lay-off. While on unpaid leave of absence due to temporary interruption in employment the employee will continue to accrue seniority. ARTICLE IX — OVERTIME PAY 9.1 For the purposes of determining overtime pay, each day will be the twenty-four (24) hour period beginning at 12:01 a.m. and ending at midnight, while each week will be the seven (7) day period beginning on Saturday and ending on Friday. 9.2 Hours worked in excess of eight (8) within a twenty-four (24) hour period (except for shift changes) or more than forty (40) within a seven (7) day period will be compensated for at one and one-half (1-1/ 2) times the employee's regular base pay. All hours worked on an actual holiday will be compensated for at two (2) times the employee's regular base pay. (Refer to definitions found in Article VI, section 6.9) For purposes of this section, "hours worked" shall include hours designated as holiday, personal time off, or compensatory time -off. 9.3 At the discretion of the EMPLOYER, an employee may receive compensatory time off in lieu of overtime pay at the rate of one and one-half (1-1/ 2) times the employee's regular base pay or two (2) times the employee's regular base pay for hours worked on an actual holiday, or be paid for overtime worked. 9.4 Maximum compensatory time accumulated shall not exceed eighty (80) hours. If the maximum is exceeded, the employee will receive overtime pay to reduce the accumulation to the maximum allowed. ARTICLE X — STANDBY AND CALL BACK 10.1 The EMPLOYER will establish a seven (7) day rotating schedule of standby assignments. The employee on standby status will be available during that period for call back and the EMPLOYER will call that employee first should any call back be necessary. The employee will be paid one (1) hour at time and one-half the regular rate of pay for that employee for standby on weekdays. The employee will be paid two (2) hours at time and one-half the regular rate of pay for that employee for standby on weekends and observed holidays. 10.2 At the discretion of the EMPLOYER, an employee may receive compensatory time off in lieu of standby pay or be paid on the basis of one and one-half (1-1/ 2) hours compensatory time off for each twenty-four (24) hour period on standby status Monday through Friday; three (3) hours compensatory time off for each twenty-four (24) hour period on standby status on weekends and those dates recognized by the EMPLOYER as observed holidays. Such compensatory time accumulation shall be part of the maximum allowed under Section 9.4. M 10.3 An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate, or two times the base rate on the actual holiday. Special weekend and holiday schedules for lift checking shall be treated as call backs. 10.4 Special weekend and holiday schedules for lift station checking shall be treated as a call back. ARTICLE XI — LEGAL DEFENSE 11.1 Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of employee judgmental decision shall not receive legal defense by the City. 11.2 Except as provided in Section 11.1 hereof, any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of employment, when such act is performed in good faith and under direct order of the supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XII — RIGHT OF SUBCONTRACT 12.1 Nothing contained in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIII — DISCIPLINE AND DISCHARGE 13.1 The EMPLOYER retains the sole right to discipline and discharge employees. ARTICLE XIV — SENIORITY 14.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other qualification factors are equal. ARTICLE XV — LAY-OFF 15.1 If a lay-off is deemed necessary by the EMPLOYER, the affected employees will be notified in writing at least four (4) weeks prior to the effective date. 10 ARTICLE XVI — PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a minimum of six (6) months probationary period. If the EMPLOYER extends the initial probationary period beyond six (6) months, the employee's base pay rate will not change until the employee has successfully completed the designated probationary period. The extended probationary period will not exceed three (3) months. 16.2 An employee will serve a probationary period in any job classification for which the employee has not served one previously. 16.3 At any time during the probationary period, the probationary employee may be discharged at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. 16.5 At least three (3) weeks prior to the completion of the probationary period, the City Administrator/Clerk shall review the performance of the probationary employee, and notify the Council if a termination is recommended. The matter shall be placed on the Council agenda for the next regular meeting, at which time the Council shall consider the recommendation and make a determination as to whether the employee shall be terminated at the end of the probationary period. If the employee is not to be continued beyond the end of the probationary period, the employee shall be so notified before the end of such period. The City Administrator will have discretion to approve the successful completion of a probationary period and/or extend a probationary period. ARTICLE XVII — SAFETY 17.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII — JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article, shall be subject to the conditions of ARTICLE XVI, "PROBATIONARY PERIODS". 11 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) work days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX — PERSONAL TIME OFF CONVERSION 19.1 All employees hired before June 29, 2002, will convert their current sick leave accrued hours to Personal Time Off (PTO). The conversion will be calculated by adding current accrued sick leave and current accrued vacation and subtracting two hundred forty hours (240) as PTO. The remainder of the sick leave will be added to the "Bank". "Bank" is defined as accrued hours which may be used only when the employee qualifies under Short Term Disability, Long -Term Disability or when accrued PTO is exhausted. For allowed accruals over the maximum refer to Article XXI, section 21.3. ARTICLE XX — FUNERAL LEAVE 20.1 Each employee shall be entitled to three (3) paid days of funeral leave for a death in the immediate family of the employee. 20.2 "Immediate family" shall mean an employee's spouse, children, siblings, parents, grandparents, aunts, uncles, nephews, nieces, in-laws or grandchildren. ARTICLE XXI — PERSONAL TIME OFF (PTO) 21.1 Personal Time Off (PTO) is authorized absence from duty. Employees working an average of 40 hours per week on an annual basis are eligible for Personal Time Off. Employees may not use Personal Time Off until successful completion of their probationary period although Personal Time Off accumulates during this time. The following chart provides information regarding Personal Time Off. Years of service are calculated from the anniversary date of employment. PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED PRIOR TO JANUARY 1, 2020: Completed years of Service Personal Time 0 — 5 Years 7 hours bi-weekly 6 10 Years 9 hours bi-weekly After 10 Years 10 hours bi-weekly 12 PERSONAL TIME OFF SCHEDULE FOR EMPLOYEES HIRED AFTER JANUARY 1, 2020: Completed Months of Service 0 — 36 months 37 months - 108 months 109 months — 168 months 169 months — 228 months 229 months or more Personal Time 6 hours bi-weekly 7 hours bi-weekly 7.5 hours bi-weekly 8.5 hours bi-weekly 9 hours bi-weekly Benefit year for Personal Time Off is March 1 t through February 28th. A maximum of 240 hours of Personal Time Off may be carried over from benefit year to benefit year. Carryover beyond 240 hours of Personal Time Off will only be made in accordance with Section 21.3 or under special circumstances with approval from the City Administrator. Any employee leaving the service of the City in good standing will be compensated 100% for Personal Time Off up to 240 hours or amount allowed in Section 21.3 accrued to the day of separation provided said employee has served at least twelve (12) consecutive months prior to separation. Such pay for accumulated Personal Time Off will be at the same rate as the hourly rate of the employee's base salary. Personal Time Off may not be used to extend an employee's actual termination date. When a paid holiday falls on a working day during an employee's Personal Time Off, the day of the holiday will not be counted as a day of Personal Time Off. One (1) day of Personal Time Off shall be equivalent to the regular number of hours in a workday. 21.2 Personal Time Off may not be used by an employee until the end of the employee's probationary period. 21.3 In unusual or extenuating circumstances in order to accomplish the work programs of the EMPLOYER, the employee may be allowed to carry accrued, unused PTO beyond two -hundred forty (240) hours into the next benefit year with the prior approval of the Department Head. 21.4 All requests for PTO of five (5) or more consecutive work days shall be submitted by April 1st of each year, and posted for five (5) consecutive work days. In case of any conflict for a preferred PTO period(s), the senior employee will be given preference. Any PTO requests of less than five (5) consecutive work days that are submitted more than four (4) weeks in advance shall be posted for three (3) work days. Any conflicts in scheduling shall be resolved by seniority. Any PTO requests which are not posted shall be considered on a "first come, first served" basis. ARTICLE XXII — GROUP INSURANCE 22.1 Effective January 1, 2024, the EMPLOYER will contribute $1,284.00 per month to the Operating Engineers, Local 49 Health and Welfare Administrators for Group Health and Dental Insurance. 13 22.2 Employees may participate, at their own expense, in additional life insurance as an add - on to City sponsored plans approved under the EMPLOYER'S current insurance provider. 22.3 It is understood that the EMPLOYER'S only obligation is to pay the EMPLOYER contribution for group insurance premiums as agreed to herein. The EMPLOYER is not liable for claims as a result of a denial of insurance benefits by an insurance carrier. ARTICLE XXIII — HOLIDAYS 23.1 The EMPLOYER will provide twelve (12) paid holidays as follows: Holiday New Year's Day Martin Luther King Day Presidents' Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Thanksgiving Day After Christmas Eve Day Christmas Day New Year's Eve Day Observance Day January 1 Third Monday in January Third Monday in February Last Monday in May June 19 July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 24 December 25 December 31 23.2 In the event that New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on a Sunday, the following Monday shall be a paid holiday. If any of the preceding holidays fall on a Saturday, the preceding Friday shall be a paid holiday. 23.3 Employees required to work on a designated holiday shall be compensated one and one-half (1.5) times their base hourly pay rate for each hour worked, plus Holiday pay. Employees required to work on the actual holiday shall be compensated two (2) times their base hourly pay rate for each hour worked plus holiday pay if the actual holiday qualifies for holiday pay in section 23 1. ARTICLE XXIV — UNIFORMS 24.1 The Employer shall provide each employee with an annual uniform allowance of six hundred twenty five dollars ($625.00) and an ANSI approved safety boot allowance of two -hundred dollars ($200.00). 24.2 Employees shall purchase ANSI approved safety boots and uniforms from the same vendor not to exceed the maximum allowance. Uniforms are to be approved by the Public Works Director. 14 24.3 The Employer will provide the Employee with an authorized 3-in-1 reflective safety jacket every other year and a reflective rain flagger suit every three years. 24.4 Employees will purchase and wear only uniform items that have been authorized by the City and are prohibited from wearing personal items as uniform items. 24.5 Receipts are required for all items purchased. 24.6 The City shall provide OSHA required Personal Protective Equipment (PPE), including but not limited to safety vests, non-prescription safety glasses, and ear protection. Employees are expected to be OSHA compliant at all times. ARTICLE XXV — LOCAL 49 TRAINING CENTER CONTRIBUTION Effective January 1, 2024 The Employer agrees to contribute (¢.30) per straight -time hour worked, per bargaining unit Employee, to the Local 49 Training Center. The Employer shall pay this contribution, by the 151" of the following month, directly to Wilson McShane Corporation at: 3001 Metro Drive, Suite 500, Bloomington, MN 55425. The Employer and bargaining unit Employees will be provided all benefits of the Local 49 Training Center. ARTICLE XXVI — MILEAGE REIMBURSEMENT FOR TRAINING 25.1 An employee must have the prior approval of the Public Works Superintendent to attend training to enhance job -related knowledge and skills. 25.2 An employee using a privately owned vehicle to travel to and from the location of approved training will receive mileage reimbursement at the federal rate which is adopted by the EMPLOYER annually. ARTICLE XXVII — INJURY ON DUTY 26.1 If an injury on duty results in an employee missing work, the EMPLOYER will pay the employee's regular base pay rate. The amount paid by the Worker's Compensation Insurance will be turned over by the employee to the EMPLOYER. 26.2 This injury on duty benefit would be provided up to a maximum of twenty-six (26) days. 26.3 No Personal Time Off shall be charged for payment of this benefit. 15 ARTICLE XXVIII — UNUSED SICK LEAVE PAY 27.1 Regular full-time employees who have completed ten (10) or more years of continuous service with the EMPLOYER and who leave in good standing, will receive 33-1/3% of unused, accumulated sick leave upon their separation. Regular full-time employees who have completed twenty (20) or more years of continuous service with the EMPLOYER and who leave in good standing, will receive 50% of unused, accumulated sick leave upon their separation. To qualify for this benefit an employee must have an established sick leave bank resulting from the conversion to the PTO program. (Refer to Article XXIX section 19.1.) Any benefit paid under this Article shall be paid into the employee's Post -Employment Health Care Savings Plan (Refer to Article XXX (section 30.4). ARTICLE XXIX — WAIVER 28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 28.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT, or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXX — CENTRAL PENSION FUND The City of Arden Hills agrees to participate in the Central Pension Fund of the International Union of Operating Engineers and Participating Employers ("Central Pension Fund") in accordance with the terms of the Restated Agreement and Declaration Trust of the Central Pension, the Plan of Benefits, and this Memorandum of Understanding. 1. 1. Minnesota Statute § 356.24, Subd. 1(10) expressly authorizes the Employer to contribute public funds to the Central Pension Fund as a supplemental pension plan for 16 the employees of a governmental subdivision who are covered by a collective bargaining agreement that provides for such coverage. 2. Sections 4.1 of the Restated Agreement and Declaration of Trust of the Central Pension Fund and 13.01 of the Plan of Benefits only permits Employer Contributions to the Fund. 3. The Parties agree that the agreed upon Employer contribution amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as a pre-tax Employer contribution. Contributions from the Employer will not be funded from any other source unless agreed upon by the parties. 4. The hourly contribution rate will be applied to every hour compensated (i.e. hours worked, vacation, holiday and sick time) except for overtime hours worked. The Employer shall remit this contribution directly to the Central Pension Fund at P.O. Box 418433 Boston, MA 02241-8433. 5. A contribution of $2.40 per straight time hours compensated prevents annual Central Pension Fund contributions on behalf of eligible Employees from exceeding $10,000.00 in a year and therefore complies with the limitations set forth under Minnesota Statute, §356.24, Subd. 1(10) as amended. 6. For purposes of determining future wage rates, the Employer shall first restore the amount of the Employer Contribution, which is currently the CPF contribution rate of $2.40 per hour, then apply the applicable wage multiplier, then reduce the revised wage by the Central Pension Fund contribution rate. 7. For purposes of calculating overtime compensation, the Employer shall first restore the amount of the Employer Contribution $2.40 then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act (FLSA) and the Collective Bargaining Agreement, then pay the resulting amount for overtime worked. 8. The Parties agree that the Public Employees Retirement Association (PERA) interprets Employer contributions to the Central Pension Fund as being included in determining "salary" for the purposes of the public pension. 9. The parties agree to abide by the terms and conditions of the Restated Agreement and Declaration of Trust and the Plan of Benefits of the Central Pension Fund. 10. Effective January 1, 2022, the contribution rate equals $2.40 per straight time hour compensated. 11. Members, by majority vote, may change the contribution rate at any time during the life of the Collective Bargaining Agreement. The Union and Employer will work together to implement member approved changes as soon as is practicable. ARTICLE XXXI — DURATION This AGREEMENT shall be effective as of the date of its signing and shall remain in full force and effect January 1, 2024 through December 31, 2024. It shall continue in full force and effect from year-to-year, unless terminated or renegotiated in the manner provided by the Public Employment Labor Relations Act of 1971 as amended. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 12024. 17 CITY OF ARDEN HILLS By: _ Mayor By: City Administrator INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 Jason George, Business Manager Ron Boesel, Business Representative Union Steward 18 Appendix A WAGES AND CLASSIFICATIONS A. Effective January 1, 2024 the pay scale will be increased by a $2.00 Market Adjustment and three percent COLA, see below for 2024 pay scale. Step 1 Pay rate/hour 28.94 Time advance to next step 6 months to step 2 2 30.26 6 months to step 3 3 31.64 12 months to step 4 4 33.08 12 months to step 5 5 34.60 12 months to step 6 6 36.19 N/A The EMPLOYER will have the sole discretion to hire employees at a step determined during the hiring process, the EMPLOYER may take into consideration factors including, but not limited to, education, qualifications, and work experience of an applicant. The EMPLOYER will have the right to hire employees at different steps and will have no obligation to adjust existing union employees pay rate to match new employees. B. Employees employed by the EMPLOYER on a temporary basis for no more than nine hundred -sixty hours (960) per calendar year, either in a full-time or part-time capacity, will be paid at an hourly rate as determined by the EMPLOYER for the term of their employment. Such employees will not be eligible for any rights or benefits under this AGREEMENT, including Article V, "Employee Rights/ Grievance Procedure". C. License Pay Incentive Any employee who has or completes training for and receives from the Minnesota Department of Transportation Certification as a Minnesota Commercial Vehicle Inspector, or receives from the State of Minnesota Certification as both a Tree and Weed Inspector shall receive an hourly incentive of $0.10/hour to their base wage. lut MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Commercial Driver's License The purpose of this Memorandum of Understanding is to assist both Labor and Management in applying the new rules for Commercial Drivers License (CDL) holders. The following conditions will apply to no more than one (1) Public Works employee with fifteen (15) years of service or more in the Local 49 Bargaining Unit at any given time, and allows only one revocation per person. 1. If an employee temporarily loses his/her driver's license and CDL, the employee must obtain a valid work permit that allows them to drive non-commercial vehicles during work hours. An employee that has no valid license may be required to use paid leave until they are able to obtain a valid work permit. An employee who does not obtain a drivers license within ninety (90) days will be terminated. 2. In the opinion of the Department Head, there must be sufficient bargaining unit work that does not require a CDL and the impacted employee shall possess the skills and abilities to successfully undertake those tasks. 3. If there is sufficient work, the Employer will accommodate an employee who temporarily loses his/her CDL license for a period not to exceed one (1) year. The one (1) year period begins as of the date of his/her license revocation. If the employee does not have their CDL reinstated within one (1) year, the employee will be terminated. 4. If the temporary loss of a driver's license is the result of an alcohol -related offense, the employee will be required to comply with the recommendations of a Substance Abuse Professional. Proof of compliance with the Substance Abuse Professional recommendations will be provided to the Employer. 5. This agreement applies to driving violations outside the work place. This agreement does not include positive test results from the Department of Transportation's required random testing. 6. A twenty-five percent (25%) decrease in pay will begin as of the revocation date. Any lost wages during the revocation of the employee's drivers license/CDL will not be reimbursed regardless of the outcome of any subsequent contesting of the revocation. This Memorandum of Understanding will remain in effect from January 1, 2024 through December 31, 2024. As of January 1, 2025the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: By: By: By: Date: 20 Date: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Celebrating Arden Hills WHEREAS, every year the City of Arden Hills holds its annual City festival, "Celebrating Arden Hills" and WHEREAS, it is necessary for the success of this event that City employees work a shift during the event; and WHEREAS, the Public Works employees of the City of Arden Hills are required to work at least one shift a this annual event, which is held on a Saturday in September each year; and WHEREAS, the City desires to clearly state the work requirements as they relate to this event. THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit's expectations regarding the "Celebrating Arden Hills" event: • All employees are required to work at least one assigned shift during the festival. • In return for time worked, to the extent that it is outside normal work hours, the employees may be compensated for time worked at: o One and one-half times the normal rate of pay; or o Accrual of compensatory time at one and one-half times the normal rate of pay; or o The group as a whole may desire to arrange a set amount of time off as a group, as agreed upon between the union and the City Administrator. This Memorandum of Understanding will remain in effect from January 1, 2024 through December 3 L 2024. As of January 1, 2025 the Letter may be eliminated at the request of either party. CITY OF ARDEN HILLS INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL No. 49 By: By: By: By: Date: 21 Date: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARDEN HILLS, MN AND I.U.O.E., LOCAL 49 Overtime Clarification WHEREAS, the Labor Agreement between I.U.O.E., Local 49 and the City of Arden Hills stipulates when the EMPLOYER will pay overtime, THEREFORE, this Memorandum of Understanding is written to summarize the City and bargaining unit's expectations regarding overtime pay: o Depending on the schedule set by the EMPLOYER, bargaining unit EMPLOYEES will be eligible for overtime pay after eight hours worked on a normally scheduled day, or forty hours in a work week; however, during times when the regularly scheduled work day goes beyond eight hours, such as summer hours, the employee will be paid overtime during hours worked outside of the set schedule. For example, during summer hours an EMPLOYEE is expected to work between 6:30 am and 4:00 pm, the EMPLOYEE would be eligible for overtime outside of those hours assuming the EMPLOYEE was working during those hours. This Memorandum of Understanding will remain in effect from January 1, 2024 through December 31, 2024. FOR CITY OF ARDEN HILLS FOR IUOE, LOCAL NO. 49 By: By: By: By: Date: 22 Date: Memorandum of Understanding Between The City of Arden Hills -And- I.U.O.E. Local No. 49 This Memorandum of Understanding entered into between the City of Arden Hills ("Employer") and the International Union of Operating Engineers, Local No. 49 ("Union") sets forth the respective parties' agreement regarding the Fleet Manager Position. It is hereby understood and agreed to between the parties that the Fleet Manager job responsibilities are: 1. Perform routine inspections of all PW fleet and complete the related Preventative Maintenance Checklists. 2. Perform basic routine maintenance and minor repairs on vehicles and equipment such as, but not limited to, oil changes, tire rotations, tire pressures, air filters, fluid levels, lubricating, cleaning, etc. Any vehicles or equipment that are above the expected level of skill for this position must be sourced out to a shop at a competitive labor rate. 3. Maintain record of all services done to PW fleet and associated costs using asset management software. 4. Coordinate the maintenance and repairs of PW fleet to be done by PW Department. or if determined an outside resource is needed and ensure the quality of all maintenance and repairs. 5. Maintain inventory of materials and supplies. 6. Ensures shop safety and performs related routine inspections including, but not limited to, eye washes, mechanics hoist, air compressor, and crane truck that require inspections or a monthly check (initial and tag) monthly. If this work is required to be outsourced, this position would coordinate that effort. 7. Assists in the preparation of annual operating and capital improvement budgets and provide information and recommendations to the Public Works Superintendent to determine and plan purchases of vehicles, equipment, materials, and supplies. 8. This position's job responsibility is secondary to the job expectations of the Public Works Maintenance Worker. 9. Plan fleet maintenance work outside of priority Public Works tasks when staffing is needed and coordinate fleet maintenance work schedule with the Public Works Superintendent. 23 10. The additional rate of $2.00/hr. will be applied to the base rate of the employee but only towards regular hours. This position is not intended to require overtime to complete any necessary tasks. I I. This position will be open to applications from PW Maintenance Worker staff and chosen through an interview process to ensure the applicant has proper qualifications and experience. 12.The Fleet Manager's duties are additional to current duties as PW Maintenance Worker 13.This position will be overseen/supervised by the PW Superintendent 14.This position will be reevaluated annually to determine if the employee will continue duties for another 1-year term This Memorandum of Understanding shall be in effect until 12/31/2024. In addition, it is understood that this Memorandum of Understanding may be extended by the mutual agreement of both parties. For the City of Arden Hills: City Administrator Date: 24 For I.U.O.E. Local 49: Ron Boesel, Business Representative Date: Attachment C ,-iRZEN HILLS MEMORANDUM DATE: December 18, 2023 TO: Honorable Mayor and City Councilmembers FROM: Dave Perrault, City Administrator SUBJECT: 2024 Collective Bargaining Agreement — IUOE 49 Budgeted Amount: Estimated Amount: N/A Council Should Consider N/A Motions to approve, table, or deny the following: Funding Source: N/A 2024 Collective Bargaining Agreement with the International Union of Operating Engineers Local 49. Background Representatives of City Staff and the International Union of Operating Engineers (IUOE) Local 49 have reached a tentative agreement pending Council approval on the 2024 Collective Bargaining Agreement (CBA). IUOE 49 represents the City's maintenance workers and is made up of eight employees. The current contract expires at the end of this year, and over the past few months representatives have been negotiating a new contract. The City intends to start a compensation study in early 2024, as a result, Staff and Union reps are proposing a one year contract to get us through 2024, and start new negotiations next year on a three-year contract, which will take the compensation study into consideration. The proposal for Council to consider is keeping all of the existing language the same, with the exception of the following changes: Page 1 of 2 Wages The two sides have negotiated a market adjustment of $2.00 across the Union's pay tables and a three -percent COLA. The current and proposed pay rates can be found below: Step 2023 Hourly Rated 2024 Proposed Hourly Rate Health Insurance The Union members will receive $1,284 monthly towards their insurance premiums. This equates to approximately eighty-seven percent of their premium, which is what the City pays today. Union TrainingCenter The City will increase its contribution to the training center by $.05, from $.25 to $.30, per hour. Juneteenth Juneteenth will be added to the holiday calendar. All MOU's will be updated for 2024. For reference, the previous contract is attached. Budget Impact The budget impact of these changes are mostly accounted for in the 2024 budget; the budgeted market adjustment was $1.50, the additional $.50 will result in approximately a $10,000 increase to the approved budget, with about half hitting the General Fund. The insurance increase should not negatively affect the 2024 budget, and the training center increase will result in an increase of $832, again about half hitting the General Fund. Staff believes that these costs can be absorbed into the 2024 budget. Attachments Attachment A: 2022 — 2023 CBA Page 2 of 2 CONSENT ITEM — 8E ,`iRZEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-023 — No Public Hearing Required Applicant: Plekkenpol Builders Property Location: 1666 Oak Avenue Request: Variance Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Requested Action Motions to approve, table, or deny the following: Adoption of Resolution 2024-007 for Planning Case 23-023 for a variance to construct a covered front porch addition on the property located at 1666 Oak Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required front yard setback from 40 feet to 29.6 feet. The existing principal structure is nonconforming with the front yard setback requirement and has a front yard setback of 36.5 feet. The Applicant is proposing a 36.2 foot by 7 foot covered porch addition that would encroach further into the required front yard setback. The addition would add 253 square feet to the existing structure. Background 1. Existing Site Conditions 1666 Oak Avenue, the Subject Property, is zoned R-1, Single Family Residential District. It is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Jonathan and Lindsay Hill. All surrounding parcels are also zoned R-1, Single Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 1 of 10 2. Site Data 2040 Future Land Use I Plan: LDR — Low Density Residential Existing Land Use: II Single Family Dwelling Zoning: R-1, Single Family Residential District Lot Size: 0.49 acres 3. Proposed Use The Applicant is requesting a variance to decrease the required front yard setback of the single- family dwelling on the Subject Property from 40 feet to 29.6 feet for a proposed covered front porch addition. Section 1320.06 of the Arden Hills City Code requires a front yard setback of 40 feet. According to the Applicant's narrative and the Certificate of Survey submitted as a part of the application, the Subject Property's existing principal structure does not meet the front yard setback requirement. The Subject Property was developed in 1965 and today is a nonconforming lot for the front yard setback as the principal structure encroaches upon the 40-foot setback by 3.5 feet. Per the City Code, any nonconformity shall not be expanded but may be continued, including through repair, replacement, restoration, maintenance, or improvement. However, there are provisions for permitted encroachments for single and two-family nonconforming dwellings that would allow for an addition to an existing nonconforming principal structure. There are also criteria for permitted encroachments for covered porches additions to single-family detached dwellings. The plan evaluation of the proposed front porch addition will include a review of these provisions for the City Council's consideration. Proposed Front Elevation � iii logo � iii 1 m iii 1 I iii � moo � momNININ O The Applicant is requesting the proposed covered front porch addition as the property owners report that the existing front entry steps are highly susceptible to freezing during the winter months and pose a safety risk. The property owners noted that several individuals have already slipped City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue —VAR Page 2 of 10 and fallen at the existing front entry due to the accumulation of ice on the steps. The proposed covered front porch roof design would mitigate the risk of falls due to ice at the front entry by shielding the entry from the elements. The roof design would also shield the front entry from icicles that form on the second -story roof above the front entry and protect those entering the residence from falling icicles. The Applicant also states that the covered front porch addition will improve site water drainage by moving rainwater further away from the home's foundation. The Applicant states that the property owners considered the north and south sides of the principal structure as alternative locations for the covered porch. However, there are mature trees in both side yards that would potentially need to be removed in order for the addition to meet side yard setback requirements. The proposed covered front porch addition would meet applicable building codes and all other regulations in the R-1 District. As a nonconforming lot, the existing principal structure is allowed to be maintained through normal maintenance and repairs. The Applicant would not be able to construct the proposed covered front porch addition without a variance. 4. Approvals The City Council is being asked to determine if a variance request for flexibility on the front yard setback should be approved. The submitted sketches show the location of the proposed covered front porch addition. The evaluation of the proposal should be based on the District Provisions in Section 1320, the General Regulations in Section 1325, and the Requirements for a Variance in Section 1355.04, Subd. 4. At their January 3, 2024 meeting, the Planning Commission reviewed the variance request on the Subject Property. After discussion, the Planning Commission voted to recommend approval with conditions by a 6-0 vote. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (R-1 Single Family Residential District) —Section 1320.06 Lot Size and Dimensions — Meets Requirements The Subject Property was constructed in 1965 on a lot with an area of 22,846 square feet (Attachment E). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit in R-1. City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 3 of 10 Addition Structure Setbacks — Variance Requested In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The minimum side yard setback is 10 feet and the minimum total of both side yards on a lot is 25 feet. The current structure complies with the minimum rear and side yard setback requirements in the R-1 District though it does not comply with the minimum front yard setback requirement. The proposed covered front porch addition would have a front yard setback of 29.6 feet as measured from the west property line. Today, as verified by the Certificate of Survey submitted with the variance application, the existing front yard setback is 36.5 feet. The principal structure was constructed in 1965 and permitted for construction with a 40-foot setback. The Applicant is requesting a variance to decrease the required front yard setback from 40 feet to 29.6 feet. The proposed covered front porch addition would conform to rear and side yard setback requirements. Required Existin Proposed Covered front porch addition Front Setback 40 36.5 feet 29.6 feet Rear Setback 30 +/-79 feet +/-79 feet Side Yard Minimum 10 14.4 and 24.2 feet 14.4 and 24.2 feet not im acted Side Yard Total Both Side Yards 25 38.6 feet 38.6 feet (not impacted) Landscaped Area — Meets Requirements In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 14,849.9 square feet. The Subject Property has an existing landscaped area of 17,372 City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 4 of 10 square feet or 76.04%. The proposed addition would decrease the total landscaped area to 17,141 square feet, or 75.03% percent of the property. The plans for the addition include a decrease in front stoop and front walk impervious surface coverage for a total decrease in landscaped area of 231 square feet. Structure Coverage — Meets Requirements The R-1 District allows for a maximum structure coverage of 25% or 5,711.5 square feet of the Subject Parcel. The existing structure coverage is 3,323 square feet or 15%. The proposed addition would increase the total structure coverage by 253 square feet for a total of 3,576 square feet, or 16% of the Subject Property. 2. Exceptions to the Minimum Requirements for All Districts (Single and Two -Family Nonconforming Dwellings) —Section 1325.03 Variance Requested In February 2012, the City Council adopted an amendment to the Zoning Code that allowed a nonconforming single or two-family dwelling to be expanded without a variance if the proposed addition meets criteria set in the Zoning Code. Subd. 2(D) in Section 1325.03 establishes nine (9) provisions for the expansion of principal structures that are nonconforming for reasons of setbacks or lot dimension, provided all of the provisions are met. The Applicant's proposal meets provisions 3 through 9 but it does not meet provision 1 or 2 established in this section and therefore requires a variance. Provision 1 of Subd. 2(D) states "the proposed addition extends no closer to a property line than the pre-existing nonconforming structure," meaning the addition to the structure does not increase the existing nonconformity. The proposed addition in this variance application would encroach further into the required front yard setback, increasing the nonconforming front yard setback. A variance is required if a proposed addition would increase the nonconformity of a nonconforming structure. Provision 2 of Subd. 2(D) states "if the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet from the front property line or five feet from a side property line." The setback for the Applicant's proposed addition is 29.6 feet, which is closer than 30 feet from the front property line. A variance is required if a proposed addition would extend closer than 30 feet from the front property line. The Applicant's proposed addition to the existing nonconforming principal structure does not meet all nine of the established criteria in the code and therefore is not permitted without a variance. A variance is required for an addition to a nonconforming structure that does not meet the provisions in Section 1325.03 Subd. 2(D). 3. Exceptions to the Minimum Requirements for All District (Covered Porches for Single - Family Detached Dwellings) —Section 1325.03 Meets Requirements The Applicant's proposed addition would not be permitted without a variance as the proposed would increase an existing nonconforming setback and extend closer than 30 feet from the front property line. Before May 2005, an addition into the required front yard setback would require a variance, whether the principal structure was already conforming or nonconforming with the City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 5 of 10 Arden Hills Zoning Code. In May 2005, the City Council adopted an amendment to the Zoning Ordinance that allowed covered front porches to encroach into the front setback under certain conditions without a variance, granted that the property already conformed with the applicable required front yard setback. One of these conditions was that the covered front porch could not be any closer than 30 feet to the front lot line. In April 2006, the City Council adopted an amendment to the covered front porch ordinance which removed the no closer than 30 feet condition and allowed for a more flexible but consistent standard. The amendment made it possible for properties platted and developed with a less than 40-foot front yard setback to construct a front porch. The ordinance amended in April 2006 is still a part of today's Zoning Code. While the provisions of the covered front porch ordinance are applicable to the Subject Property, a variance is still required for a covered front porch as it is nonconforming and does not meet the criteria for expanding a nonconforming structure. As part of the variance application, the Applicant provided information about the proposed addition to be evaluated against the covered front porch provisions. Subd. 2(E) of Section 1325.03 establishes five (5) provisions for covered porch additions to single- family detached dwellings, provided the dwelling is conforming with the Zoning Code or is a nonconforming dwelling that meets the provisions for expansion as established in Section 1325.03 Subd. 2(D). Provisions 2, 3 and 4 apply to principal structures that are constructed after May 1, 2006. As the principal structure on the Subject Property was constructed in 1965, these provisions are not applicable. The Subject Property can be evaluated by Provisions 1 and 5 though a variance is required for the proposed covered porch addition submitted as part of the variance application. Provision 1 of Subd. 2(E) establishes "for already developed lots on which a principal structure existed prior to May 1, 2006, the Covered Porch shall not be closer to the front lot line and side yard corner as determined by the following provisions:" The provision goes on to provide a formula for calculating a covered porch addition setback by multiplying the current principal setback by .75. The existing principal structure setback for the Subject Property is 36.5 feet. Multiplied by .75, the result is 27.38. Based on the formula, a covered front porch on this lot could have a front yard setback of 27.38 feet, allowing for a 9.13-foot addition on this lot. The proposed addition would encroach 6.9 feet into the existing structure setback, which is below the permitted threshold according to this provision. Though the Applicant's proposed covered porch would meet this provision, a variance is required because the existing principal structure nonconforming setback is 36.5 feet and the proposed covered porch would extend closer to the front property line. The original building permit showed the Subject Property was permitted with a 40-foot setback, the required setback for the property's subdivision and the City when the structure was built in 1965. However, the principal structure was constructed with a 36.5-foot setback and is nonconforming. As a result, the proposed covered porch addition requires a variance. Provision 5 of Subd. 2(E) sets out findings required for the approval of a building permit for a covered porch. The Applicant has provided the required information, and it is included as Attachments E and F. The proposed covered porch meets the setback and zoning requirements as City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 6 of 10 established for covered porches, meets the design guidelines established in the Zoning Ordinance Procedure Manual, and is integrated into the principal structure through proposed exterior materials and the roof design. There is also a provision that a covered front porch in the 40-foot front yard setback shall not be converted to a four season porch. The Applicant's proposed covered porch addition would meet the requirements established for a covered porch addition but because the principal structure is nonconforming and does not meet the requirements for the expansion of a nonconforming structure, a variance is required. 4. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 5. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a covered front porch addition to the existing principal structure that would impede on the required front yard setback in the R-1 Residential District. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1666 Oak Avenue is for a proposed covered front porch addition. The Subject Property is zoned R-1, Single Family Residential District and is guided as Low Density Residential on the Land Use Plan. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 7 of 10 a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, a covered front porch addition for a single-family home is a reasonable use of the Subject Property in the R-1 Zoning District because the design of the existing principal structure front entry does not mitigate the safety risks posed to inhabitants and visitors of the residence by ice accumulation. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the Subject Property's dwelling unit was constructed in 1965. The current property owners purchased the property in 2018 so they did not create the circumstances of the Subject Property's nonconforming front yard setback. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the variance for the covered front porch would not alter the essential character of the neighborhood. The Applicant states that the porch would bring nostalgia, charm, and a theme of relaxation to the neighborhood. It will also have the useful function of providing shelter to the main entry. The property owners state that the front porch would help foster neighborhood connections and enhance the home's aesthetic as the design will integrate into the existing front fagade. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the proposed variance is not requested for economic reasons alone. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Findings of Fact The Planning Commission reviewed this application at their January 3, 2024 meeting and have offered the following findings for consideration: General Findings: 1. The City received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1666 Oak Avenue. 2. A single-family dwelling is a permitted use within the R-1 Zoning District. 3. Section 1320.06 of the Arden Hills City Code requires a front yard setback of 40 feet within the R-1 Zoning District. City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 8 of 10 4. The covered front porch addition will not impede sight lines or obstruct the clear vision area from the roadways. 5. The existing principal structure is nonconforming with the front yard setback of 36.5 feet. 6. Section 1325.03 Subd. 2(D) establishes provisions for the expansion of nonconforming single and two-family dwellings. 7. The proposed covered front porch addition would have a front yard setback of 29.6 feet and does increase the nonconformity of the lot. 8. Section 1325.03 Subd. 2(E) establishes provisions for the addition of a covered front porch and would allow for a covered porch addition with a setback decrease of up to 9.13 feet based on the setback of the existing principal structure. 9. The proposed covered front porch addition would decrease the existing front yard setback by 6.9 feet. 10. The Planning Commission conducted a public forum at the January 3, 2024 meeting. Variance Findings: 1. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 2. The proposed covered front porch addition would not alter the essential character of the neighborhood because the proposed design will integrate with the existing structure and will be compatible with the neighborhood. 3. The variance request is not based on economic considerations alone. Options and Motion Language The Planning Commission reviewed this application at their January 3, 2024, meeting. At that time, they recommended approval with conditions of Planning Case 23-023 to decrease the required front yard setback from 40 feet to 29.6 feet at 1666 Oak Avenue by a 6-0 vote. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to adopt Resolution 2024-007, approving Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 foot front yard setback at 1666 Oak Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the February 12, 2024, Report to the City Council: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. The proposed covered porch shall not be converted to a four season porch. • Approval as Submitted: Motion to adopt Resolution 2024-007, approving Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 foot front yard setback at 1666 Oak Avenue, based on the findings of fact and the submitted materials in the February 12, 2024, Report to the City Council. • Denial: Motion to deny Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 foot front yard setback at 1666 Oak Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 9 of 10 • Table: Motion to table Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 foot front yard setback at 1666 Oak Avenue: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on February 1, 2024. A public hearing notice for this planning case was published in the Pioneer Press on February 1, 2024. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has not received any written or verbal comments regarding this proposal as of February 6, 2024. Deadline for Al!ency Actions The City of Arden Hills received the completed application for this request on December 1, 2023. Pursuant to Minnesota State Statute, the City must act on this request by January 29, 2024 (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. On December 8, 2023, the City provided the Applicant with written notification extending the review period to March 29, 2024 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the January meeting cycle. The Applicant confirmed receipt of this notification on December 8, 2023. Attachments A. Land Use Application B. Location Map C. Variance Request Letter D. Letter from Property Owner E. Site Survey & Renderings F. Description of Project G. Planning Commission Memo H. Draft Planning Commission Minutes I. Resolution 2024-007 J. City Council Presentation City of Arden Hills City Council Meeting for February 12 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 10 of 10 Attachment A lt , EEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: Pie k%entor U Address: * I eax� W l" A"4 Telephone No.: q r'z - Y f( yZ22 s Other: Fax No.: I T t- 9KS - 22 S q Email Address: RyWn pa 1� GaM Property Information Property Owner: ,) ohn CIAAn ' - II,J Owner Address: J (G(o ®J.K �� arjm kJIS M1\ Owner Telephone No. q r L- Z 1 a, --S3 S 2 Other:r .� Address of Property Involved: I�66 o&K av, ,�Grde,\ Indk N (l Legal Description: Ssnortwwd hills, ) Pcw' a' UvSO4� -I 1o4 I AX I AJ,/ oidu `t" Dla��gge emy,l Property ID No.: 1 Y 3®),3 4 "1 00 q 1 II Lot12 glk 28 Type of Use: 510 .Single �a il Do-c«Int, lPIUOd 14 Zone: Re vi jeAt 'al Property Acreage: y dwes Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ® Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Develo ment Plan Amendment (Fee: $400 + Escrow : $1,500� ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) Ll Rezoningg or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) LJ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ® City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests - Not Already Specified (Fee: $150 + Escrow: $1,000 Page t of 3 Brief Description of Reggeuest(please also include a typed, detailed letter explaining theproject):, *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. Filina & Information Reauirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www,citvofardenhills.org/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. Pavment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meetina Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1ST day of the preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 Aril 24 March 1 May 3 May 22 April 3 June 7 June 26 May 1 July 5 July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 January 8 2024 November 1 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. Signature (Required) App ' ignature (If different than the property owner) 11 -11-23 Date /1' /L/ — T Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.citvofardenhills.org/landuseapplications Page 3 of 3 12/13/2023, 3:31:23 PM 1:2,400 0 0.02 0.04 0.08 mi Streets Connector (Ramp) 0 0.03 0.07 0.13 km Interstate County Road US or State Highway County Road US or State Highway Local Road US or State Highway Local Road US or State Highway Ramsey County Plekkenpol B U I L D E R S, I N C November 17, 2023 City of Arden Hills, Minnesota RE: Variance for 1666 Oak Avenue Open Front Porch Criteria for Review Attachment C MN Lic. BC001797 We would like to ask for your consideration of the original plan for following reasons: The property located at 1666 Oak Avenue was constructed in 1965 in its current location. This residence has been labeled a non -conforming structure due to its placement on the lot by the original builder. The front yard setback per the 1320.06 District Requirement Chart is 40 feet. The current front yard setback is 36.5 feet. The current owner would like to construct an open front porch and a variance is required due to the existing non -conforming status. The current house is located at the end of a cul-de-sac. The owner's request for an open front porch is to have a location where they can sit and watch their children play with friends, ride bikes, etc. The owners have considered alternate locations for constructing the open porch on the north and south sides of the house. With the current 1320.06 District Requirements Chart side setbacks at 25 / 10. The current house side setbacks are 24.2 / 14.4 with mature trees in both side yards, making an addition at the side yards not feasible. With the side yard additions not feasible, we looked at Section 1325.03 Exceptions to the minimum requirements for all districts. E. Covered Porches for Single -Family Detached Dwellings. 1. For alreadv developed lots on which a orinciaal structure existed prior to Mav 1. 2006 the Covered Porch shall not be closer to the front lot line and side yard corner as determined by the following provisions: a) The Covered Porch shall be set back from the front lot line and side yard corner at least the number of feet calculated by the following formula: Current principal structure setback in feet multiplied by. 75 = Covered Porch setback from the front lot line and side yard corner in feet. (For example, if the principal structure is thirty-two (32) feet from the front lot line, then: 401 East 78th Street, Bloomington, MN 55420 (952) 888-2225 1 www.piekkenpol.com 32 feet * .75 = 24 foot setback from the front lot line and side yard corner for the Covered Porch. In this case, the Covered Porch may extend up to eight (8) feet from the principal structure into the front setback) Current setback 36.5 feet x 0.75 = 27.38 feet. Proposed setback 36.5 feet — 7 feet = 29.5 feet. In addition, the front porch addition will not encroach into the 25 / 10 side yard setbacks. If this variance is accepted, it will not create a land use issue for R1 zoning. The existing building's height will still be less than 30 feet. The floor area ratio would still be less than 0.3. The lot coverage by structure would still less than 25%. And the minimum landscape lot area would still be larger than the required 65% per 1320.06 District Requirement Chart. This open front porch addition will not alter the essential character of the city. In fact, the porch would bring nostalgia, charm, and a theme of relaxation, while it also has the useful function of providing shelter to the main entry. Also, this open front porch addition will improve site water drainage by moving the rainwater further away from the home's foundation. Thank you for your consideration of this proposed project. Erik Mahin Plekkenpol Builders, Inc. Attachment D To Whom It May Concern: We are writing to request permission to add a front porch to our residence at 1666 Oak Ave, Arden Hills. This addition will bring important enhancements to safety, as well as enrich the neighborhood community and add to the neighborhood's charm. Safety Concerns Winter Hazard Mitigation: Our current staircase leading to the front door is highly susceptible to freezing during the winter months. Several individuals, including guests and family members, have already slipped and fallen. It is only a matter of time before a serious injury occurs. The installation of a covered porch would significantly reduce this risk, providing a safer entryway during icy conditions. Icicle Hazard Prevention: A concerning safety issue we face every winter is the formation of large icicles on the second -story roof directly above our front door. These pose a serious risk of injury, as they could fall unexpectedly on someone entering or exiting the house. By constructing a covered porch, we can mitigate this danger. The gabled porch roof design would ensure that icicles don't form over the walkway — and any icicles that do form will be lower and easily removed — greatly reducing the risk of accidents. Community Enrichment Fostering Neighborhood Connections: During the pandemic, the neighborhood children joined together to create an extensive hopscotch course in the cul-de-sac in front of our house. The story of their creativity and collaboration even made the local news. The hopscotch course has become an annual tradition. Hopscotch, biking, tag, exploring, and other activities, continue to be a source of joy and creativity in front of our house every summer. A front porch would enhance these community activities by providing a shaded area for supervision and interaction. Aesthetic: We have carefully selected a porch design that seamlessly complements our home's architecture. We've entrusted this project to a highly regarded builder, guaranteeing a result that is attractive and high quality. This porch will feature several electrical outlets, addressing a current limitation in our home and enabling us to add lights and decorations during holiday seasons. Ultimately, this front porch will contribute positively to the overall aesthetic of the neighborhood. In conclusion, the addition of a front porch to our house would not only address significant safety concerns but also further enrich the community spirit that thrives in our neighborhood. We believe this improvement aligns with the city's goals of fostering safe and connected communities. Thank you for your time and attention to this matter. Sincerely, Jonathan & Lindsay Hill W N 003503" W 0 4E U 4 O iy A. 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BC001797 The proposed project is an open front porch with dimensions of 36'-3" x 7'-0". The open porch will be supported on six (6) poured concrete post footings to a minimum of 42" below grade. The deck will consist of 5/4 x 6 composite decking material. The space between the deck and grade will be screened with a square lattice material no larger than 2" x 2". The open porch will consist of six (6) Perma cast 10" smooth, square, structural columns. The structural columns will support a 4:12 sloped asphalt shingle roofing system to match the color of the existing house as close as possible for local stocks. The front door will have a gable arched roof. The finished ceiling of the open porch will be 1 x 6 'V' groove tongue and groove knotty cedar. All non -factory finished materials will be painted or stained. Thank you for your consideration of this proposed project. Erik Mahin Plekkenpol Builders, Inc. 401 East 78th Street, Bloomington, MN 55420 (952) 888-2225 1 www.piekkenpol.com Attachment G PC Agenda Item — 3A ,`iRZEN HILLS MEMORANDUM DATE: January 3, 2024 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #23-023 — No Public Hearing Required Applicant: Plekkenpol Builders Property Location: 1666 Oak Avenue Request: Variance Requested Action Plekkenpol Builders ("Applicant") has requested a variance to construct a covered front porch addition on the property located at 1666 Oak Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required front yard setback from 40 feet to 29.6 feet. The existing principal structure is nonconforming with the front yard setback requirement and has a front yard setback of 36.5 feet. The Applicant is proposing a 36.2 foot by 7 foot covered porch addition that would encroach further into the required front yard setback. The addition would add 253 square feet to the existing structure. Background 1. Existing Site Conditions 1666 Oak Avenue, the Subject Property, is zoned R-1, Single Family Residential District. It is designated for Low Density Residential in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by Jonathan and Lindsay Hill. All surrounding parcels are also zoned R-1, Single Family Residential District and designated for Low Density Residential Uses in the Land Use Plan. 2. Site Data 2040 Future Land Use I Plan: LDR — Low Density Residential Existing Land Use: II Single Family Dwelling Zoning: II R-1, Single Family Residential District Lot Size: 0.49 acres City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 1 of 9 3. Proposed Use The Applicant is requesting a variance to decrease the required front yard setback of the single- family dwelling on the Subject Property from 40 feet to 29.6 feet for a proposed covered front porch addition. Section 1320.06 of the Arden Hills City Code requires a front yard setback of 40 feet. According to the Applicant's narrative and the Certificate of Survey submitted as a part of the application, the Subject Property's existing principal structure does not meet the front yard setback requirement. The Subject Property was developed in 1965 and today is a nonconforming lot for the front yard setback as the principal structure encroaches upon the 40-foot setback by 3.5 feet. Per the City Code, any nonconformity shall not be expanded but may be continued, including through repair, replacement, restoration, maintenance, or improvement. However, there are provisions for permitted encroachments for single and two-family nonconforming dwellings that would allow for an addition to an existing nonconforming principal structure. There are also criteria for permitted encroachments for covered porches additions to single-family detached dwellings. The plan evaluation of the proposed front porch addition will include a review of these provisions for the Planning Commission's consideration. The Applicant is requesting the proposed covered front porch addition as the property owners report that the existing front entry steps are highly susceptible to freezing during the winter months and pose a safety risk. The property owners noted that several individuals have already slipped and fallen at the existing front entry due to the accumulation of ice on the steps. The proposed covered front porch roof design would mitigate the risk of falls due to ice at the front entry by shielding the entry from the elements. The roof design would also shield the front entry from icicles that form on the second -story roof above the front entry and protect those entering the residence from falling icicles. The Applicant also states that the covered front porch addition will improve site water drainage by moving rainwater further away from the home's foundation. The Applicant states that the property owners considered the north and south sides of the principal structure as alternative locations for the covered porch. However, there are mature trees in both side yards that would potentially need to be removed in order for the addition to meet side yard setback requirements. The proposed covered front porch addition would meet applicable building codes and all other regulations in the R-1 District. As a nonconforming lot, the existing principal structure is allowed to be maintained through normal maintenance and repairs. The Applicant would not be able to construct the proposed covered front porch addition without a variance. 4. Approvals The Planning Commission is being asked to determine if a variance request for flexibility on the front yard setback should be approved. The submitted sketches show the location of the proposed covered front porch addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. Plan Evaluation Chapter 13, Zoning Regulations Review City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 2 of 9 1. District Provisions (R-1 Single Family Residential District) —Section 1320.06 Lot Size and Dimensions — Meets Requirements The Subject Property was constructed in 1965 on a lot with an area of 22,846 square feet (Attachment E). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 14,000 square feet per single-family dwelling unit in R-1. f_ S C 01K 11T � � .nn c aq I F, �s lfi,• N�37j �.w I-m� I E�SrNG /ii D Structure Setbacks — Variance Requested In the R-1 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. The minimum side yard setback is 10 feet and the minimum total of both side yards on a lot is 25 feet. The current structure complies with the minimum rear and side yard setback requirements in the R-1 District though it does not comply with the minimum front yard setback requirement. The proposed covered front porch addition would have a front yard setback of 29.6 feet as measured from the west property line. Today, as verified by the Certificate of Survey submitted with the variance application, the existing front yard setback is 36.5 feet. The principal structure was constructed in 1965 and permitted for construction with a 40-foot setback. The Applicant is requesting a variance to decrease the required front yard setback from 40 feet to 29.6 feet. The proposed covered front porch addition would conform to rear and side yard setback requirements. Required Existin Proposed Covered front porch addition Front Setback 40 36.5 feet 29.6 feet City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 3 of 9 Rear Setback 30 +/-79 feet +/-79 feet Side Yard Minimum 10 14.4 and 24.2 feet 14.4 and 24.2 feet not impacted) Side Yard Total Both 25 38.6 feet 38.6 feet Side Yards not impacted) Landscaped Area — Meets Requirements In the R-1 District, the minimum landscaped area required without a variance is 65% of the property or 14,849.9 square feet. The Subject Property has an existing landscaped area of 17,372 square feet or 76.04%. The proposed addition would decrease the total landscaped area to 17,141 square feet, or 75.03% percent of the property. The plans for the addition include a decrease in front stoop and front walk impervious surface coverage for a total decrease in landscaped area of 231 square feet. Structure Coverage — Meets Requirements The R-1 District allows for a maximum structure coverage of 25% or 5,711.5 square feet of the Subject Parcel. The existing structure coverage is 3,323 square feet or 15%. The proposed addition would increase the total structure coverage by 253 square feet for a total of 3,576 square feet, or 16% of the Subject Property. 2. Exceptions to the Minimum Requirements for All Districts (Single and Two -Family Nonconforming Dwellings) —Section 1325.03 In February 2012, the City Council adopted an amendment to the Zoning Code that allowed a nonconforming single or two-family dwelling to be expanded without a variance if the proposed addition meets criteria set in the Zoning Code. Subd. 2(D) in Section 1325.03 establishes nine (9) provisions for the expansion of principal structures that are nonconforming for reasons of setbacks or lot dimension, provided all of the provisions are met. The Applicant's proposal meets provisions 3 through 9 but it does not meet provision 1 or 2 established in this section and therefore requires a variance. Provision 1 of Subd. 2(D) states "the proposed addition extends no closer to a property line than the pre-existing nonconforming structure," meaning the addition to the structure does not increase the existing nonconformity. The proposed addition in this variance application would encroach further into the required front yard setback, increasing the nonconforming front yard setback. A variance is required if a proposed addition would increase the nonconformity of a nonconforming structure. Provision 2 of Subd. 2(D) states "if the addition expands the footprint of the structure, then the proposed addition extends no closer than thirty (30) feet from the front property line or five feet from a side property line." The setback for the Applicant's proposed addition is 29.6 feet, which is closer than 30 feet from the front property line. A variance is required if a proposed addition would extend closer than 30 feet from the front property line. The Applicant's proposed addition to the existing nonconforming principal structure does not meet all nine of the established criteria in the code and therefore is not permitted without a variance. A variance is required for an addition to a nonconforming structure that does not meet the provisions in Section 1325.03 Subd. 2(D). City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 4 of 9 3. Exceptions to the Minimum Requirements for All District (Covered Porches for Single - Family Detached Dwellings) —Section 1325.03 The Applicant's proposed addition would not be permitted without a variance as the proposed would increase an existing nonconforming setback and extend closer than 30 feet from the front property line. Before May 2005, an addition into the required front yard setback would require a variance, whether the principal structure was already conforming or nonconforming with the Arden Hills Zoning Code. In May 2005, the City Council adopted an amendment to the Zoning Ordinance that allowed covered front porches to encroach into the front setback under certain conditions without a variance, granted that the property already conformed with the applicable required front yard setback. One of these conditions was that the covered front porch could not be any closer than 30 feet to the front lot line. In April 2006, the City Council adopted an amendment to the covered front porch ordinance which removed the no closer than 30 feet condition and allowed for a more flexible but consistent standard. The amendment made it possible for properties platted and developed with a less than 40-foot front yard setback to construct a front porch. The ordinance amended in April 2006 is still a part of today's Zoning Code. While the provisions of the covered front porch ordinance are applicable to the Subject Property, a variance is still required for a covered front porch as it is nonconforming and does not meet the criteria for expanding a nonconforming structure. As part of the variance application, the Applicant provided information about the proposed addition to be evaluated against the covered front porch provisions. Subd. 2(E) of Section 1325.03 establishes five (5) provisions for covered porch additions to single- family detached dwellings, provided the dwelling is conforming with the Zoning Code or is a nonconforming dwelling that meets the provisions for expansion as established in Section 1325.03 Subd. 2(D). Provisions 2, 3 and 4 apply to principal structures that are constructed after May 1, 2006. As the principal structure on the Subject Property was constructed in 1965, these provisions are not applicable. The Subject Property can be evaluated by Provisions 1 and 5 though a variance is required for the proposed covered porch addition submitted as part of the variance application. Provision 1 of Subd. 2(E) establishes "for already developed lots on which a principal structure existed prior to May 1, 2006, the Covered Porch shall not be closer to the front lot line and side yard corner as determined by the following provisions:" The provision goes on to provide a formula for calculating a covered porch addition setback by multiplying the current principal setback by .75. The existing principal structure setback for the Subject Property is 36.5 feet. Multiplied by .75, the result is 27.375. Based on the formula, a covered front porch on this lot could have a front yard setback of 27.375 feet, allowing for a 9.125-foot addition on this lot. The proposed addition would encroach 6.9 feet into the existing structure setback, which is below the permitted threshold according to this provision. Though the Applicant's proposed covered porch would meet this provision, a variance is required because the existing principal structure setback of 36.5 feet is nonconforming with the setback required for the property. The original building permit showed the Subject Property was permitted with a 40-foot setback, the required setback for the property's subdivision and the City when the structure was built in 1965. However, the principal structure was constructed with 36.5-foot setback and is nonconforming. As a result, the proposed covered porch addition requires a variance. City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 5 of 9 Provision 5 of Subd. 2(E) sets out findings required for the approval of a building permit for a covered porch. The Applicant has provided the required information, and it is included as Attachments E and F. The proposed covered porch meets the setback and zoning requirements as established for covered porches, meets the design guidelines established in the Zoning Ordinance Procedure Manual, and is integrated into the principal structure through proposed exterior materials and the roof design. There is also a provision that a covered front porch in the 40-foot front yard setback shall not be converted to a four season porch. The Applicant's proposed covered porch addition would meet the requirements established for a covered porch addition but because the principal structure is nonconforming and does not meet the requirements for the expansion of a nonconforming structure, a variance is required. 4. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 5. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a covered front porch addition to the existing principal structure that would impede on the required front yard setback in the R-1 Residential District. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1666 Oak Avenue is for a proposed covered front porch addition. The Subject Property is zoned R-1, Single Family Residential District and is guided as Low Density Residential on the Land Use Plan. City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 6 of 9 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, a covered front porch for a single-family home is a reasonable use of the Subject Property in the R-1 Zoning District because the design of the existing principal structure front entry does not mitigate the safety risks posed to inhabitants and visitors of the residence by ice accumulation. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the Subject Property's dwelling unit was constructed in 1965. The current property owners purchased the property in 2018 so they did not create the circumstances of the Subject Property's nonconforming front yard setback. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the variance for the covered front porch would not alter the essential character of the neighborhood. The Applicant states that the porch would bring nostalgia, charm, and a theme of relaxation to the neighborhood. It will also have the useful function of providing shelter to the main entry. The property owners state that the front porch would help foster neighborhood connections and enhance the home's aesthetic as the design will integrate into the existing front fagade. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that the proposed variance is not requested for economic reasons alone. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 7 of 9 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1666 Oak Avenue. 2. A single-family dwelling is a permitted use within the R-1 Zoning District. 3. Section 1320.06 of the Arden Hills City Code requires a front yard setback of 40 feet within the R-1 Zoning District. 4. The covered front porch addition will not impede sight lines or obstruct the clear vision area from the roadways. 5. The existing principal structure is nonconforming with the front yard setback of 36.5 feet. 6. Section 1325.03 Subd. 2(D) establishes provisions for the expansion of nonconforming single and two-family dwellings. 7. The proposed covered front porch addition would have a front yard setback of 29.6 feet and does increase the nonconformity of the lot. 8. Section 1325.03 Subd. 2(E) establishes provisions for the addition of a covered front porch and would allow for a covered porch addition with a setback decrease of up to 9.125 feet based on the setback of the existing principal structure. 9. The proposed covered front porch addition would decrease the existing front yard setback by 6.9 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 covered front porch addition would not alter the essential character of the neighborhood because the proposed design will integrate with the existing structure and will be compatible with the neighborhood. 3. The variance request is not based on economic considerations alone. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 front yard setback at 1666 Oak Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the January 3, 2024, Report to the Planning Commission: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. The proposed covered porch shall not be converted to a four season porch. Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 023 for a Variance to construct a covered front porch addition with a 29.6 front yard setback at 1666 Oak Avenue, based on the findings of fact and the submitted materials in the January 3, 2024, Report to the Planning Commission. • Recommend Denial: Motion to recommend denial Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 front yard setback at 1666 Oak City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 8 of 9 Avenue, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. Table: Motion to table Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 front yard setback at 1666 Oak Avenue: a specific reason and information request should be included with a motion to table. Notice Although a variance does not require a public hearing, a public meeting notice was prepared by the City and mailed to properties within 500 feet of the Subject Property on December 22, 2023. A public hearing notice for this planning case was published in the Pioneer Press on December 22, 2023. Minnesota statute does not clearly require a public hearing before a variance is granted or denied, however, after consulting with the City Attorney, staff agree that the best practice is to allow public forum on all variance requests. A public forum allows the city to establish a record and elicit facts to help determine if the application meets the practical difficulties factors. Staff has not received any written or verbal comments regarding this proposal as of December 28, 2023. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on December 1, 2023. Pursuant to Minnesota State Statute, the City must act on this request by January 29, 2024 (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. On December 8, 2023, the City provided the Applicant with written notification extending the review period to March 29, 2024 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the January meeting cycle. The Applicant confirmed receipt of this notification on December 8, 2023. Attachments A. Land Use Application B. Location Map C. Variance Request Letter D. Letter from Property Owner E. Site Survey & Renderings F. Description of Project City of Arden Hills Planning Commission Meeting for January 3, 2024 P:\Planning\Planning Cases\2023\PC 23-023, 1666 Oak Avenue — VAR Page 9 of 9 ,�Tt -ADI�EN HILLS Approved: Attachment H DRAFT CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JANUARY 3, 2024 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, Steve Erler, Arlene Mitchell. Absent: Commissioners Kurtis Weber, Jonathan Wicklund, and Council Liaison Emily Rousseau. Also present were: Community Development Director Jessica Jagoe and Senior Planner Elena Fransen. APPROVAL OF AGENDA — JANUARY 3, 2024 Commissioner Mitchell moved, seconded by Commissioner Collins, to approve the January 3, 2024, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES December 6, 2023 — Planning Commission Regular Meeting Commissioner Biorklund moved, seconded by Commissioner Blilie, to approve the December 6, 2023, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 23-023; 1666 Oak Avenue — Variance — Public Hearing Not Required Senior Planner Fransen stated Plekkenpol Builders ("Applicant") has requested a variance to construct a covered front porch addition on the property located at 1666 Oak Avenue ("Subject Property"). The Applicant has requested a variance to decrease the required front yard setback ARDEN HILLS PLANNING COMMISSION January 3, 2024 2 from 40 feet to 29.6 feet. The existing principal structure is nonconforming with the front yard setback requirement and has a front yard setback of 36.5 feet. The Applicant is proposing a 36.2 foot by 7 foot covered porch addition that would encroach further into the required front yard setback. The addition would add 253 square feet to the existing structure. Senior Planner Fransen reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for a variance request to the required R-1 Zoning District front yard setback at the Subject Property 1666 Oak Avenue. 2. A single-family dwelling is a permitted use within the R-1 Zoning District. 3. Section 1320.06 of the Arden Hills City Code requires a front yard setback of 40 feet within the R-1 Zoning District. 4. The covered front porch addition will not impede sight lines or obstruct the clear vision area from the roadways. 5. The existing principal structure is nonconforming with the front yard setback of 36.5 feet. 6. Section 1325.03 Subd. 2(D) establishes provisions for the expansion of nonconforming single and two-family dwellings. 7. The proposed covered front porch addition would have a front yard setback of 29.6 feet and does increase the nonconformity of the lot. 8. Section 1325.03 Subd. 2(E) establishes provisions for the addition of a covered front porch and would allow for a covered porch addition with a setback decrease of up to 9.125 feet based on the setback of the existing principal structure. 9. The proposed covered front porch addition would decrease the existing front yard setback by 6.9 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 covered front porch addition would not alter the essential character of the neighborhood because the proposed design will integrate with the existing structure and will be compatible with the neighborhood. 3. The variance request is not based on economic considerations alone. Senior Planner Fransen reviewed the motion options available to the Planning Commission for Planning Case 23-023 for a Variance to construct a covered front porch addition with a 29.6 front yard setback at 1666 Oak Avenue: 1. Recommend Approval with Conditions 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building shall conform to all other standards and regulations in the City Code. 3. The proposed covered porch shall not be converted to a four season porch. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table ARDEN HILLS PLANNING COMMISSION January 3, 2024 3 Chair Vijums opened the meeting for public comments. There were no comments from the public. Chair Vijums opened the floor to Commissioner comments. Commissioner Mitchell commended the residents for working to take action to address the ice problems on their property. She indicated she supported the proposed request. Commissioner Bjorklund agreed, stating the proposed changes would not adversely impact the neighborhood, nor would sightlines be impacted. Commissioner Erler explained he supported the addition and commended the applicant for thinking through the proposed plans. Commissioner Blilie stated she supported the proposed addition. Chair Vijums asked why a variance was necessary if the proposed addition met the requirements for a covered front porch according to the City Code. Senior Planner Fransen stated that because the property is nonconforming, and the addition did not meet the requirements in the code section for the expansion of nonconforming dwellings, a variance was required. The requirements for a covered porch still applied but did not exempt the proposed addition from the requirements that must be met for the permitted expansion of a nonconforming dwelling. Chair Vijums commented he also supported the proposed variance and addition for the applicant. He asked if the architecture of the addition would match or complement the home. Senior Planner Fransen stated the homeowner's intent was to incorporate the addition into the existing facade. Eric Mann, Plekkenpol Builders, reported it was his intent to use the same exterior building materials that were on the house. He noted the addition would be integrated into the home with the same colors. Commissioner Mitchell moved and Commissioner Bjorklund seconded a motion to recommend approval of Planning Case 23-023 for a Variance to construct a covered front porch addition at 1666 Oak Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the January 3, 2024, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 23-024; 3751 Lexington Avenue North — Mister Car Wash - Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review — Public Hearing Attachment I 'It -A "EN CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-007 RESOLUTION APPROVING A VARIANCE AT 1666 OAK AVENUE WHEREAS, City Staff received a complete land use application for a variance to the front yard setback on a corner lot from the City Code for the property located at 1666 Oak Avenue and legally described on Exhibit A attached hereto ("Subject Property"); and WHEREAS, the Applicant is proposing to construct a covered porch addition on an existing nonconforming dwelling structure and is seeking flexibility with the required front yard setback on the Subject Property; and WHEREAS, the Subject Property is zoned R-1, Single Family Residential District, which requires a front yard setback of 40 feet on the Subject Property. The Applicant is proposing a front yard setback of 29.6 feet; and WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; and WHEREAS, pursuant to Minnesota State Statute, the City must act on this request by January 11, 2024 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period; and WHEREAS, pursuant to Minnesota State Statute, the City provided the petitioner with written reasons for an additional 60-day review period, and the City must act on this request by March 29, 2024; and WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; and WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission reviewed the application on January 3, 2024. All written comments submitted in advance of the meeting were presented to the Planning Commission; and Page 1 of 3 WHEREAS the Planning Commission considered the Applicant's request for a Variance and, as such voted 6-0 in favor of recommending approval with conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2024-007 approving Planning Case 2023-023 for a Variance for the property located at 1666 Oak Avenue to construct a covered porch addition with a 29.6 foot front yard setback on the Subject Property. BE IT FURTHER RESOLVED that City Council approves Planning Case 23-023 for a Variance request at the property located at 1666 Oak Avenue, based on the Findings of Fact and the submitted plans in the February 12, 2024, Report to the City Council, as amended by the following conditions: 1) A Building Permit shall be issued prior to commencement of construction. 2) The building shall conform to all other standards and regulations in the City Code. 3) The proposed covered porch shall not be converted to a four season porch. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12TH DAY OF FEBRUARY, 2024. ATTEST: Julie Hanson, City Clerk David Grant, Mayor Page 2 of 3 EXHIBIT A TO RESOLUTION 2024-007 LEGAL DESCRIPTION: Lot 12, Block 28, Shorewood Hills No. 5, according to the recorded plat thereof on file and of record in the office of the County Recorder, Ramsey County, Minnesota. AND All that part of the West 50 feet of Lot 4, Block 4, Shady Oaks Addition, Ramsey County, Minnesota, lying Southerly of the Northeasterly extension of the Southeasterly line of Lot 11, Block 1, Shorewood Hills No. 5, Ramsey County, Minnesota, and Northerly of the Southeasterly extension of the south line of Lot 12, Block 1, Shorewood Hills No. 5, Ramsey County, Minnesota. 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O O L .— ; - U a- �p � av c a U" m C N a) -0"0-0 N w }+ N _ O O N (a U — 0-0 N— — — QU " 0-0 — cn O m M ro c6 = m QJ >� dJ }' m ry)p N +� N Q U i v cl N O +� O Q U QU N m Q N 0 0 N i O N =v U�o c6 O a 4 a v o u > •— lD — •�., 4-1 l.0 v i Q O Ln °ro -p � 0 0 a U U a-+ U � ,•I�..r �O O O O Ou a--+ N M � ro Q� ro -le ca p •� cz v1 a ro " 0O v m N L — O V N 0 N j. p O 0 `� a-•� a--+ t M l0 O E Ln N N v a--' � ro M N p � U �O UOv Mc .� � � p •� N O O oro —y 1 � o o� A C V) 4-j �°�ov ova 04- or° °°Mv ouv O D u i Q Q a N N Q c6 0 Q0 l0 N U V O M N O N r�, VJ N N c6 bz c- CONSENT ITEM — 8F ,fi` DEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 PMP Street & Utility Improvements — Resolution Approving Plans & Specifications and Order Advertisement for Bids Budgeted Amount: Actual Amount: Funding Source: $3,001,100 $2,763,952 PIR, Surface Water, Sanitary, (Pre -bid estimate) Water, Special Assessments Council Should Consider Motions to approve, table, or deny the following: • Adopting Resolution 2024-008 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2024 PMP Street & Utility Improvements project. Background/Discussion On August 14, 2023, City Council held an Improvement Public Hearing and adopted Resolution 2023- 040 Ordering Improvement and Preparation of Plans and Specifications for the 2024 PMP Street & Utility Improvements Project. The proposed improvements include bituminous paving, storm water improvements, watermain improvements on James Avenue, concrete curb and gutter repair, and appurtenant work on the following streets: Streets proposed for Full -Depth Reclamation: • Keithson Drive from County State Aid Highway (CSAH) 96 West to 800 feet south of CSAH 96 West • Royal Hills Drive from Snelling Avenue North to Arden View Drive • Colleen Avenue from McClung Drive to Hamline Avenue North • Norma Avenue from Dawn Circle to Briarknoll Drive • Norma Avenue from Briarknoll Drive to Colleen Avenue • James Avenue from Indian Oaks Trail to Colleen Avenue Page 1 of 3 Full -Depth Reclamation consists of grinding the existing pavement, shaping the generated aggregate material to raise the center crown to improve pavement drainage and repaving the roadway with 4-inches of bituminous pavement. Streets proposed for Mill & Overlay: • Briarknoll Circle • Briarknoll Drive from Snelling Avenue North to Norma Avenue • Royal Lane from Norma Avenue to Floral Drive West • McClung Drive from Snelling Avenue North to Colleen Avenue • Colleen Circle • Arden Vista Court Mill & Overlay consists of grinding and removing the top 2-inches of existing pavement and repaving the roadway with 2-inches of bituminous pavement. The project plans and specifications are prepared and the project is ready for solicitation of construction bids. Adoption of Resolution 2024-008 will approve the plans and specification and order advertisement for bids for the 2024 PMP Street & Utility Improvements project. Bids would be received on March 6, 2024 and presented to the City Council on March 11, 2024 with an appropriate resolution to proceed to an assessment hearing for the project before awarding the construction contact. This schedule will allow for contract award on April 8, 2024 with construction starting this summer. Staff recommends adoption of Resolution 2024-008 as provided in Attachment A. The final plan set and specifications consists of 85 pages. Full copies of these documents are on file and available upon request to the City Clerk or by downloading from the project webpage prior to the start of bidding. Selected plan sheets illustrating the project improvements are provided in Attachment B. Budget Impact The estimated total project cost and funding sources based on the final plans and specifications are summarized below. Total Estimated Expenses Construction: $ 2,176,340 Engineering Design: $ 213,457 Construction Mgmt: $ 128,299 Materials Testing: $ 28,222 Construction Contingency: $ 217,634 TOTAL ESTIMATE: $ 2,763,952 Proposed project funding sources are a combination of the City's Permanent Improvement Revolving (PIR) fund, utility funds, and special assessments for street improvements summarized in the following table: Page 2 of 3 Total Estimated Funding: Bidding Schedule 3asq Bid Alternate 1 Alternate -rota' Pro'gvt Streets[Trails PIR; 736,782.90 236,211.55 - S 9. S 4,45 Assessments $ 656,961.00 - - S 651a,S6l.oc Water Utility 233,487.20 - - S 233.—S7.2C Sanitary Sewer UtiIi-v $ 182,795.00 - - S 182..7S5.0C Surface Water Utility $ 629,793.00 - $87,931.75 S 711,124.75 Total Project Costs 2,439,809.10 $ 236,211.55 $ 87,931.75 2, i 63.952.L0 The amounts listed above are estimates based on the current opinion of probable construction costs. Final total expenses and funding amounts will be revised and presented to the City Council upon receipt of construction bids. A portion of this project is proposed to be assessed to the benefiting property owners and the remainder through other funding sources. In accordance with the City's Assessment policy, the preliminary assessment for the recommended improvement is calculated as: Reclamation Areas: 50% Estimated Street Project Costs = $458,724 Residential Equivalent Units = 86 Estimated Assessment Rate = $5,334 Mill & Overlay Areas 50% Estimated Street Project Costs = $198,237 Residential Equivalent Units = 69 Estimated Assessment Rate = $2,873 As the project is competitively bid, the calculated assessment amount will be updated leading up to the adoption of the assessment roll. Attachments Attachment A: Resolution 2024-008 Attachment B: Project Plan Sheets Page 3 of 3 Attachment A ,Mt -AVEPI HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-008 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS WHEREAS, pursuant to City Council Resolution 2023-040, the city engineer has prepared plans and specifications for Improvement Project No. PW-24-0100, 2024 PMP Street & Utility Improvement Project, the improvement of Keithson Drive (from County State Aid Highway (CSAH) 96 West to 800 feet south of CSAH 96 West), Royal Hills Drive (from Snelling Avenue North to Arden View Drive), Colleen Avenue (from McClung Drive to Hamline Avenue North), Norma Avenue (from Dawn Circle to Briarknoll Drive) Norma Avenue (from Briarknoll Drive to Colleen Avenue), James Avenue (from Indian Oaks Trail to Colleen Avenue), Briarknoll Circle, Briarknoll Drive (from Snelling Avenue North to Norma Avenue), Royal Lane (from Norma Avenue to Floral Drive West), McClung Drive (from Snelling Avenue North to Colleen Avenue, Colleen Circle and Arden Vista Court. The plans and specifications have been presented to the council for approval. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisements shall be published for 21 days, shall specify the work to be done, shall state that the bids will be received by the clerk until 10:00 a.m. on Wednesday, March 6, 2024, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk, will then be tabulated, and will be considered by the council at 7:00 p.m. on March 11, 2024, in the council chambers of the city hall. Any bidder whose responsibility is questioned during the consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the city for five (5) percent of the amount of such bid. Page 1 of 2 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 12th DAY OF FEBRUARY 2024. 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Zhd LV61! n OL \ Q2 W � — �� ® .`.. § \ \ / lz Q/ /§ E )K3 Eo ` /r /: R§ /2 � /\ /�� //\ \ �: / /( / // E 1;;;22= ^ zj. 0 ,.. -!/`5\::ll■;§(§\E [)§(\|;/-4; //&////; - \ \ /a/Q/2/R! /; CONSENT ITEM — 8G 'It -fi` DEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case # 23-018 — Public Hearing Required Applicant: Donald Wahlberg Request: Zoning Code Amendment - Ground -Mounted Solar Energy Systems in R-1, R-2, R-3, NR-1, NR-2, and NR-3 Residential Zoning Districts Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: Adoption of Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts. Adoption of Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-1, NR-2, and NR-3 Zoning Districts. Authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 1 of 6 Background On November 27, 2023, the City Council reviewed Planning Case 23-018 from Mr. Wahlberg for a request to amend city ordinances to allow for ground -mounted solar energy systems in residential zoning districts. The Council tabled action in order to provide an opportunity for Council to speak with Planning Commissioners and city staff on the proposed language and to bring this item back to a future work session meeting for additional discussion. Based on discussions with Councilmember Monson, city staff provided two draft ordinances for Council review and discussion at the January 8, 2024 City Council Work Session. Direction was given by the Council to bring forward the draft ordinance with references to screening requirements removed and revisions to allow for ground -mounted solar energy systems to be located in the side yard and remove language for glare and nonfunctioning systems. Findings of Fact The Planning Commission reviewed this application at their November 8, 2023 meeting and have offered the following findings of fact for consideration: General Findings: 1. Donald Wahlberg, The Applicant, is proposing amendments to the language of Chapter 13 — Zoning Code of the City Code. 2. Under the City's Zoning Code Section 1320.05, a Solar Energy System is considered a prohibited land use in the Residential Districts. 3. The Applicant is proposing an amendment to alter the Land Use Chart in Sections 1320.05 and 1325.02 of the Zoning Code to allow a Solar Energy System as an Accessory Use in the R-1, R-2, and R-3 Residential Districts. 4. The City is proposing to add special provisions for Solar Energy Systems to Section 1325.02 — Accessory Uses. 5. The City is proposing an amendment to alter the Schedule of Permitted Uses Chart in Section 1380 5.0 and 5.2 of the TCAAP Redevelopment Code to allow a Solar Energy System as an Accessory Use with Criteria in the NR-1, NR-2, and NR-3 Residential Districts. 6. The City is proposing to amend Section 1380 6.1 — General to All Zoning Districts to state solar energy systems in NR-1, NR-2, and NR-3 are not exempt from height limitations regulated by zoning district. 7. Of 17 local communities surveyed, a majority allow for ground -mounted solar energy systems as a use in residential districts which can be approved administratively. 8. In Chapter 10 of the 2040 Comprehensive Plan — Protected Resources, "City encourages development of distributed solar energy systems that are in keeping with the community's character and use community solar resources" is listed as an implementation strategy. City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 2 of 6 9. In Chapter 12 of the 2040 Comprehensive Plan — Resilience and Sustainability, "Encourage the use of renewable energy and work to protect access to direct sunlight for solar energy systems" is listed as an implementation strategy. 10. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 11. If the zoning amendments were approved, an Applicant would be required to apply for administrative review and approval for a Solar Energy System within the R-1, R-2, and R-3 Residential Districts and the NR-1, NR-2, and NR-3 Residential Districts. 12. The Planning Commission considered this land use application on October 4, 2023 and tabled the application with direction for staff to revise the drafted ordinance language. 13. The Planning Commission conducted a public hearing for the Text Amendment on November 8, 2023. 14. The City Council conducted a public hearing for the Text Amendment on November 27, 2023. Options and Motion Lan2ua2e The Planning Commission originally reviewed this application at their October 4, 2023 meeting. At that time, they tabled Planning Case 23-018 with direction to staff to provide language for the aesthetics, screening, and visibility of ground -mounted solar energy systems, to incorporate the residential zoning districts that are regulated by the TRC, and incorporate comments given by an All Energy Solar representative during the October 4, 2023 public hearing. The Planning Commission reviewed an updated application at their November 8, 2023 meeting. At that time, they recommended approval of Planning Case 23-018 for Zoning Code Amendments to Chapter 13 by a 6-0 vote (Commissioner Collins was absent). The City Council reviewed Planning Case 23-018 at the November 27, 2023 City Council meeting and tabled action in order to provide an opportunity for Council to speak with Planning Commissioners and city staff on the proposed language and to bring this item back to a future work session meeting for additional discussion. The language was updated and reviewed at the January 8, 2024 City Council Work Session meeting, with direction to bring the ordinance amendments forward for consideration. The following are motion language options for the City Council to consider. Adoption of Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Arden Hills Zoning ode • Approval: Motion to a Opt Ordinance 2023-013 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R- 2, and R-3 Zoning Districts, based on the findings of fact and as presented in the February 12, 2024 Report to the City Council. City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 3 of 6 • Approval with Amendments: Motion to adopt Ordinance 2023-013 for Planning Case 23- 018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts, based on the findings of fact and as presented in the February 12, 2024 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart and 1325.02 Accessory Uses to allow for the accessory use of ground -mounted solar energy systems within the R-1, R-2, and R-3 Zoning Districts: a specific reason and information request should be included with a motion to table. Adoption of Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code • Approval: Motion to a Opt Ordinance 2023-014 for Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-1, NR-2, and NR-3 Zoning Districts, based on the findings of fact and as presented in the February 12, 2024 Report to the City Council. • Approval with Amendments: Motion to adopt Ordinance 2023-014 for Planning Case 23- 018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts, based on the findings of fact and the February 12, 2024 Report to the City Council with amendments: a specific reason should be included with all amendments. • Denial: Motion to deny Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts, based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 4 of 6 • Table: Motion to table Planning Case 23-018 for Zoning Code Amendments to Chapter 13, Section 1380 TCAAP Redevelopment Code Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts to allow for the accessory use of ground -mounted solar energy systems within the NR-I, NR-2, and NR-3 Zoning Districts: a specific reason and information request should be included with a motion to table. Authorization to Publish Summary Ordinance • Approval as Presented: Motion to approve authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. • Denial: Motion to deny authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. • Table: Motion to table authorization to publish a Summary Ordinance of 2023-013 and 2023-014 for Planning Case 23-018, Zoning Code Amendments to Chapter 13, Section 1320.05 Land Use Chart in the R-1, R-2, and R-3 Zoning Districts, Section 1325.02 Accessory Uses, Section 1380 TCAAP Redevelopment Code, Subsections 5.1 Applicability, 5.2 Additional Use Criteria, and 6.1 General to All Zoning Districts. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on September 13, 2023. Pursuant to Minnesota State Statute, the City must act on this request by November 11, 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. On October 6, 2023, the City provided the Applicant with written notification extending the review period to January 11, 2024 (120 days) based on the Planning Commission's direction to table the planning application and for review by the Planning Commission and City Council during the November meeting cycle. The Applicant confirmed receipt of the extended review period on October 6, 2023. On December 9, 2023, the Applicant provided consent to extend the review period beyond the initial 120 days and requested that a decision be made on the application by no later than April 1, 2024. Budget Impact N/A City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 5 of 6 Attachments A) Draft Ordinance Amendment 2023-013 B) Draft Ordinance Amendment 2023-014 Q Summary Ordinance Amendment D) Presentation City of Arden Hills City Council Meeting for February 12, 2024 P:\Planning\Planning Cases\2023\PC 23-018, Wahlberg Solar Energy System — CA Page 6 of 6 'It -ARPEN HILLS ORDINANCE NO.2023-043 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE ACCESSORY USE OF SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1320 — District Provisions, Subsection 1320.05 — Land Use Chart, is hereby amended by replacing the chart in its entirety as follows: 4320.05 Land Use Chart. See attached Attachment "A" for the Land Use Chart with the addition of Solar Energy Systems as an Accessory Use in the R-1, R-2, and R-3 Zoning Districts. SECTION 2. Chapter 13 — Zoning Code, Section 1325 — General Regulations, Subsection 1325.02 — Accessory Uses, is hereby amended by adding a Subdivision 7 as follows: Subd. 7 Solar Energy Systems A. Solar energy systems are an accessory use in the R-1, R-2, and R-3 Zoning Districts subject to the following requirements: 1. Height. Solar energy systems must meet the following height requirements: a. Roof- mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district. b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height or the height of the principal structure to which it is accessory, whichever is lower, when oriented at maximum tilt. 2. Setback. Solar energy ystems must meet the accessory structure setback for the zoning district in which the system is located. a. Roof -mounted systems: Consistent with the required building setback, the collector surface and mounting devices for roof -mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. 225614v1 b. Ground- or pole -mounted solar energy systems are permitted in rear and side yards and may not extend into the required rear or side yard accessory structure setback when oriented at minimum desian tilt. 3. Visibility. a. Solar energy systems with mounting devices. i. Roof -mounted systems on pitched roofs shall not have a highest finished pitch steeper than the roof pitch on which the system is mounted, and shall be no higher than 12 inches above the roof. ii. Roof -mounted systems on flat roofs shall be no higher than five feet above the finished roof. b. Solar energy systems using a reflector to enhance solar production shall be prohibited. 4. Coverage. Solar energy systems are subject to lot coverage and impervious surface requirements of the underlyingzoning oning district. a. Roof -mounted solar energy systems shall be subject to the Building Code to ensure the system meets the wind load standards for the roof and to ensure ready roof access in the event of a fire or other safety occurrence whereby roof access is needed. b. The surface area of ground- or pole- mounted systems shall be factored as part of the maximum lot coverage by structure and shall not exceed the regulations of the underlying zoning district. c. The surface area of ground- or pole- mounted systems shall be treated as impervious coverage as regulated for each zoning district. If the soil under the panel array(s) contains vegetative ground cover, the Zoning Administrator may consider allowing additional impervious coverage. Allowed impervious coverage may be increased by up to ten percent above maximum lot coverage for the zoning district provided 100 percent of the excess is accounted for b n gpproved ground- or pole -mounted solar energy system. d. Ground- or pole -mounted systems shall be counted as an accessory structure. 5. Plan Approvals. All solar energy ystems shall require the issuance of a building permit. a. Applications that meet the requirements of this policy shall be granted zoning approval by the Zoning Administrator. Plan approval by the Zoning Department does not indicate compliance with Building Code or Electric Code. b. A buildingpermit application for a solar energy system shall be accompanied by scaled horizontal and vertical elevation drawings. The drawings must show the location of the system on the building, or on the property, f�ground- or pole -mounted system, including the property lines. 1. For all roof -mounted systems other than a flat roof the elevation drawings shall show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted. 2. For flat -roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street 225614v1 frontage edge of the building„ and the highest finished height of the solar collector above the finished surface of the roof. c. All solar energy ystems shall meet approval of local building code officials, consistent with the State of Minnesota Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code. d. All solar energy systems shall comply with the Minnesota State Electric Code. SECTION 3. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of , 2024, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor ATTEST: Julie Hanson, City Clerk 225614v1 ATTACHMENT "A" 1320.05 Land Use Chart. (revised XX/XX/24) Uses: Zoning Districts: R- I R- 2 R- 3 R- 4 ,NB B-1 - 2 - 3 - 4 CC GB 1-1 -2 -FLEX CD OS INST Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C =_ __ __ _ _= C rewpub =_ __ __ __ _ _= C C C Business service = __ _ — P P P C p P P — _ — Clinic, medical office = __ _ _= P P P P P C P P P Club or lodge (non-profit) _ __ __ __ -- P P P == C Club , sports & fitness = __ __ _= A P P P C P P Commercial recreation - indoor = __ __ __ � P P P = P Daycare Facility, over 10 = __ __ _= P P P P P = __ Day care, family - 10 or less A A A A A== A Day care, group family - 14 or less CA CA CA CA CA == CA Dog kennel = __ __ __ = C C Dog run A A A — — -- — -- — — — — — -- — rive -up windows = _ _ = C C C A "Dry cleaning & laundry, pick- p station" _ _ _ — C = A A=_ _= A— "Dry cleaning & laundry, self- service laundry" _ __ __ _= C = C C Dwelling: density zoning D D D D Dwelling: multiple family == _= C C C = C = _= C C Dwelling: single-family attached C C D D Dwelling: single-family detached P P P P Dwelling: two-family C C P P C Dwelling: live -work unit = _ _ _= C Financial institution & service = __ __ _= P P P P P C P P P P Garage, truck = __ __ __ _ __ __ __ — = C C Higher Education, Campus = __ __ __ C Home occupation : Class I A A A A A= _ _ _= A Home occupation : Class II CA CA CA CA CA = _ _ = C Hospital Hotel/motel = __ __ _ = C P C C C = = C House of worship C C C C C C C C C C = _= C Manufactured home park = _= C Manufacturing & processing : Class I _ __ __ __ = A A A P P P P Manufacturing & processing: Class II _ _ _ — _ _ _ __ _ = P 225614v1 Micro brewery = C C C -_ C = _= C Micro distillery = _ — _= C C C C = _= C Mortuary, funeral home = _ _= P P = C Multiple occupancy building =__ = C C C C C C C C C C Nursery C C C C Nursing home and assisted living C C C C = = D =_ _= C =_ __ _ __ _ __ _ Office =_ __ __ _= P P P P P P P P P P Pawn shop = _ __ _ _ _ _ __ _ _= P =_ Personal services = _ _= C A P P P C P = _= A Public use C C C C C C C C C C C C C C Research and development facility == C P C C C == P P P P C C =_ Research animals = __ __ __ _= C =_ __ _= C C Residence Hall, dormitory = _ = C == C D Residential facility, state licensed, serving 1- 6 P P P P P P =_ __ __ -_ __ __ __ __ __ __ Residential facility, state licensed, serving 7- 16 C C C C C C = _ _ __ __ __ __ __ Restaurant and restaurant -fast food = _ _ = C A P P P C P C C — __ _ __ Retail sales & service = __ __ — P A P P P C A A A A School, general education C C C C =_ _ = C = _ School, specialized education = _ _ _ _= C C C C C = _ Service station = _ — _= C C = -- C C C Solar Energy System A A A =_ __ __ _ __ _ __ __ __ _ _= C Storage, exterior =_ __ _ _ __ _ __ _ __ _ __ _= CA Studio =_ __ _ _= C C P P P C Theater, indoor =_ __ __ _- A C P == C =_ __ __ __ iftStore =_ __ __ _ __ _ __ _= C -- C =_ "P" = Permitted; "D" = Planned Unit; "== " = Not Permitted; "C" = Conditional Use Permit; "A" = Accessory; "CA"= Conditional Accessory Use Permit, "I" = Interim Use Permit" 225614vl 'It -ARPEN HILLS ORDINANCE NO.2023-044 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment B AN ORDINANCE AMENDING CHAPTER 13, OF THE ARDEN HILLS CITY CODE CONCERNING THE ACCESSORY USE OF SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 5.1 — Applicability, is hereby amended by replacing the table in its entirety as follows: 1380-5.1 TRC Zoning District Land Use Table See attached Attachment "A" for the Land Use Table with the addition of Solar Energy Systems as an Accessory Use with Criteria in the NR-I, NR-2, and NR-3 Zoning Districts. SECTION 2. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 5.2 — Additional Use Criteria is hereby amended by replacing the table in its entirety as follows: 1380-5.2 Additional Use Criteria Table See attached Attachment "B" for the Additional Use Criteria Table with the addition of Solar Energy Systems as an Accessory Use with Location & Design Criteria. SECTION 3. Chapter 13 — Zoning Code, Section 1380 — TCAAP Redevelopment Code, Subsection 6.1 — General to All Zoning Districts is hereby amended by adding the underlined language as follows: (h) Measuring Heights: iii. Vents, tanks, solar energy systems, HVAC equipment, and other mechanical enclosures shall be exempted from the height limits so long as they do not extend more than fifteen feet (15') above the roof upon which they are located. Solar energy systems in NR-I, NR-2, and NR-3 are not exempt from zoning district height limits. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this day of 2024, by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS LIZ ATTEST: Julie Hanson, City Clerk David Grant, Mayor ATTACHMENT "A" 1380 5.1 TRC Zoning District Land Use Table (revised XX/XX/24) Table 5-1: TRC Zoning District Land Use Table N M N M 0 0 0 0 Zoning CL 0 0 0 y 0 0 0 0 s r s r Additional O District E x -0 -00 -0 -0 v Requirements _ U0 0 0 0 U- 9 V ~ ~ ~ Z Z Z Z Uses Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Residential Uses Bed & Breakfast P P P P/C P/C P/C P/C See Table 5-2 Home Occupation: A A A A A A A Class I Large Multi- P/C P/C P/C See Table 5-2 Family Live/Work P P P Medium Multi- P/C P/C P/C See Table 5-2 Family Assisted Living, Memory Care P/C P/C See Table 5-2 and Skilled Nursing Residential P/C P/C P/C P/C P/C P/C P/C See Table 5-2 Facility Senior Independent P/C P/C P/C P/C P/C See Table 5-2 Living Single Family P P P Small Lot SF -- -- -- -- -- Residential Small Multi- P/C P/C See Table 5-2 Family Solar Energy Systems Commercial Uses A/C A/C A/C See Table 5-2 Automotive P/C P/C P/C See Table 5-2 Washing Brewpub P P P P P P P Business P P P P P P P service Clinic, medical P P P P P P P office Club, sports & A P P P P P P fitness Table 5-1: TRC Zoning District Land Use Table N M N M H a � y `) o 0 0 0 Zoning Q y y y s s -E s Additional District a c c c • x -0 -0 -0 -0 V Requirements 2) 2) o O O V v_ .2) ~ ~ ~ Z Z Z Z Uses Sub -District I TC-1 TC-2 I TC-3 I NR- NR- NR- 1 2 3 4 4 Cocktail P P P P I P P Lounge * Permitted as Commercial an accessory Off -Street P/C* P/C* P/C* P/C* P/C* P/C* P/C* use with a Parking primary building only Commercial recreation - P P indoor Daycare P P P P P P P Facility Daycare, family - 10 or P P P P P P less * Completely Dog kennel P* enclosed; no outside runs Drive -Up P/C P/C P/C P/C See Table 5-2 Windows Dry cleaning & laundry, P P P P P pick-up station Dry cleaning & laundry, P P P P P self-service laundry Financial Institution & P P P P P P P service Food P P P P P P P Preparation Hotel/ motel P P P P P P P Liquor Store P P P P P Microbrewery P P P P P P Microdistillery P P P P P P Mortuary, funeral home -- -- -- -- -- -- P/C See Table 5-2 Office P P P P P P P Personal P P P P P P P services Pet Services P P P P P P P Table 5-1: TRC Zoning District Land Use Table N N M IT 0 0 0 0 Zoning Q y y y W s s s s Additional District a c c c • K 0 0 0 0 V Requirements o O O 2) 2) V U. ~ ~ Z Z Z Z Uses Sub -District TC-1 TC-2 TC-3 NR- NR- NR- NR- 1 2 3 4 Research and development P P P facility Restaurant and P/C P/C P/C P/C P/C P/C P/C See Table 5-2 restaurant fast-food Retail sales & P P P P P/C P P See Table 5-2 service Service Station A/C P/C P/C See Table 5-2 Storage, exterior -- -- -- -- -- -- -- -- -- Studio P P P P P P Theater, indoor P P Vehicle — motorized, P/C P/C See Table 5-2 leasing and rentals Vehicle — motorized, P/C P/C P/C See Table 5-2 service Civic Uses Antenna or P/C P/C P/C P/C P/C P/C P/C A/C See Table 5-2 Tower Club or lodge P P P P P P (non-profit) Community P P P P Center House of worship P P P P P P Library P P P P P P P P Municipal P P P P P P P Building Park Facilities P P P P P P P P P (Public) School, general P P P P education School, specialized P P P P P education Table 5-1: TRC Zoning District Land Use Table N N M I H aw `y d 0 0 0 0 Zoning Q y y y y W s s s s " Additional District a c c c K 0 0 0 0 Requirements o O O U. 2) 2) V ~ ~ ~ Z Z Z Z Uses Sub -District TC-1 I TC-2 TC-3 NR- NR- 1 2 NR- 3 NR- 4 Theater, performing P P P P arts center Industrial Uses Garage, Truck -- -- -- -- -- Manufacturing Warehousing & processing: P/C P/C permitted as an Class accessory use Manufacturing & processing: Class II *Equipment shall be screened to not be seen from Utility * -- -- -- -- -- * -- -- any public right Substation of way and shall not be placed in the front of any parcel Warehousing A/C I A/C Other Uses Adult - Oriented Businesses ATTACHMENT "B" 1380 5.2 Additional Use Criteria Table (revised XX/XX/24) Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Residential Uses Neighborhood No more than six(6) rentable rooms permitted. Shall be owner -occupied. Bed & Breakfast Parking shall be placed behind the building, or screened from view of the public right-of-way. Assisted Living, Memory Care or Skilled Nursing Town Center Buildings with Pedestrian Priority or Pedestrian Friendly Frontage shall be Large Multi -Family required to include ground floor commercial uses for a minimum of fifty Medium Multi -Family percent (50%) of their street frontage as measured in linear feet. Senior Independent Living Assisted Living, Memory Care or i. Homes shall be designed as either a collective of single-family or Skilled Nursing Neighborhood duplex homes to fit the scale of the surrounding development. Senior Independent Living ii. These homes may also be mixed with mixed -generational housing. Town Center i. Residential Facility shall be licensed by the State of Minnesota; and ii. Residential Facility shall serve no more than sixteen (1 6) residents at any given time. Residential Facility i. Residential Facility shall be licensed by the State of Minnesota; Neighborhood ii. Residential Facility shall serve no more than six (6) residents at any given time. i. Parking shall be placed against an alley or in the rear of the lot and Small Multi -Family Neighborhood be screened from the public right-of-way. ii. Entrances to units that are not accessible from the front entries may have access from the rear or the side of the building. Shall conform to the provisions included in Section 1325.03 Subd. 7 of the Solar Energy Systems Neighborhood AHC. Commercial Uses Automotive Washing L Automotive drive through lanes, service bays, and/or gas station Vehicle —motorized, leasing Office Mixed -Use canopies shall meet the design standards in Section 7, Building Design and rentals Flex Office Standards of this code. Vehicle- motorized, service Retail Mixed -Use ii. Outdoor storage of vehicles or other products sold shall NOT have direct frontage along Pedestrian Priority Streets. Outdoor storage of vehicles and/or other products sold shall be screened with a required Service Station Campus Commercial street screen along Pedestrian -Friendly Streets and General Streets 9 Y Retail Mixed -Use (see Section 10 for standards). Flex Office i. New surface parking lots shall be permitted as an interim use only in Campus Commercial the case of phasing. ii. Applications for new surface lots shall include in -fill building concepts Town Center on the lot with a site plan that meets the build -to -zone and building Commercial Off -Street Parking Office Mixed -Use frontage standards of the specific character zone. Retail Mixed -Use iii. New surface parking shall be set back a minimum of thirty feet (30') Flex Office from the edge of the right-of-way of Pedestrian Priority Streets. iv. New surface parking shall not be located at a street intersection (of any Pedestrian Priority and Pedestrian -Friendly Streets only) for minimum of thirty feet (30') from the intersection along each street. i. Pick-up and drop-off lanes, storage of vehicles, service areas, and drive through facilities shall NOT have direct frontage along Pedestrian Mortuary, funeral home Flex Office Priority Streets. ii. All such areas along other streets shall be screened with a required street screen (see Section 10 for standards). Campus Commercial Drive -Up Windows Retail Mixed -Use Drive through or drive -up facilities shall meet the design standards in Flex Office Section 7, Building Design Standards of this code. Office Mixed -Use Table 5-2 Additional Use Criteria Table Use Zoning District Location & Design Criteria Campus Commercial Six (b) queuing spaces per drive -through menu board. Restaurant and Restaurant, Fast Food Town Center Office Mixed -Use Retail Mixed -Use Flex Office i. Retail sales and service uses may not comprise more than ten percent (10%) of the total gross square footage of building space within the Office Mixed -Use District. ii. Accessory retail uses associated with medical office clinics, including but Retail sales and services Office Mixed -Use not limited to pharmaceutical and corrective lens sales, shall not be counted towards the maximum square footage of retail sales and service uses permitted in the Office Mixed -Use District, but may not exceed twenty-five percent (25%) of the gross square footage of the building in which they are located.. Civic Uses Campus Commercial Town Center Office Mixed -Use i. Located on top of a building or architectural component only. Antenna or Tower Retail Mixed -Use ii. Shall conform to additional design and location requirements for antennas and towers included in Section 1325 of the AHC. Flex Office Industrial Uses Manufacturing and Processing: Campus Commercial For buildings where manufacturing and processing are a principal or Class I Flex Office accessory use, a minimum of thirty percent (30%) of the gross building square footage must be in office use. Warehousing is only allowed as an accessory use to Manufacturing and Warehousing Campus Commercial Processing. For buildings where warehousing is an accessory use, a minimum Flex Office of thirty percent (30%) of the gross building square footage must be in office use. Attachment C SUMMARY ORDINANCE NOS. 2023-013 AND 2023-14 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1320 AND SECTION 1325, SUBSECTIONS 1320.05 AND 1325.02, AND SECTION 1380, SUBSECTIONS 5.1, 5.2 and 6.1 OF THE ARDEN HILLS CITY CODE NOTICE IS HEREBY GIVEN that, on , 2024, Ordinance Nos. 2023- 013 and 2023-014 were adopted by the City Council of the City of Arden Hills, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance Nos. 2023-013 and 2023-014, the following summary of the ordinances has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinances adopted by the City Council amends and adds the following: • Section 1320.05 updates and replaces the Land Use Chart by adding Solar Energy System as an Accessory Use in R-1, R-2, and R-3 Zoning Districts; • Section 1325.02 is amended by adding a new Subdivision 7, Accessory Use of Solar Energy System. This subdivision specifies the requirements to allow for the installation and operation of ground -mounted solar energy systems as an accessory use; • Section 1380, Subsection 5.1 updates and replaces the Land Use Table by adding Solar Energy System as an Accessory Use with Criteria in NR-1, NR-2, and NR-3 Zoning Districts; • Section 1380, Subsection 5.2 updates and replaces the Additional Use Criteria Table for the Accessory Use of a Solar Energy System; and • Section 1380, Subsection 6.1 is amended by adding Solar Energy System in NR-1, NR-2, and NR-3 zoning districts are not exempt from height limits. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the City of Arden Hills, 1245 West Highway 96, Arden Hills, MN 55112. The Ordinance is also available on the City's website at hqp://www.cityofardenhills.com. APPROVED for publication by the City Council of the City of Arden Hills, Minnesota, this day of , 2024. 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Public Works Director / City Engineer Lucas J. Miller, Assistant Public Works Director SUBJECT: Payment to Ramsey County related to the roundabout project at Old Snelling and County Rd E & the Mounds View High School Trail project Budgeted Amount: Actual Amount: Funding Source: See tables below See tables below MSA, PIR, Water Fund, Sanitary Sewer Fund, SRTS, State Bonding Bill Council Should Consider Motions to approve, table, or deny the following: • City Change Order No. 1 for the Mounds View High School Safe Routes to School Trail project for Bituminous Roadways, Inc. in the amount of $7,150.00. • City Change Order No. 2 for the Mounds View High School Safe Routes to School Trail project for Bituminous Roadways, Inc. in the amount of $3,685.00. • City Change Order No. 3 for the Mounds View High School Safe Routes to School Trail project for Bituminous Roadways, Inc. in the amount of $40,222.49. • City Change Order No. 4 for the Mounds View High School Safe Routes to School Trail project for Bituminous Roadways, Inc. in the amount of $25,195.00. • City Change Order No. 5 for the roundabout project at Old Snelling and County Rd E for Bituminous Roadways, Inc. in the amount of $5,445.00. • Payment to Ramsey County in the amount of $19,800.00 per the Cooperative Agreement, PUBW2022-23R, for the public utility design fee related to the roundabout at Old Snelling Avenue North and County Rd E/Lake Johanna Blvd project. Page 1 of 5 • Payment to Ramsey County in the amount of $101,751.25 per the Cooperative Agreement, PUBW2022-23R, for Right -of -Way Acquisition costs through December 2023. Background/Discussion On January 9, 2023, the City Council entered into a Cooperative Agreement for Right -of -Way acquisition and design, PUBW2022-23R. On January 8, 2024, the City Council entered into a Cooperative and Maintenance Agreement, PUBW2023-05. These Agreements between the City of Arden Hills and Ramsey County are for the reconstruction of the intersection of Old Snelling Avenue North and County Road E/Lake Johanna Boulevard (Roundabout Project) and the construction of Mounds View High School Trail (MVHS Trail) on Old Snelling Avenue (County State Aid Highway 76) between County Rd E2 and Lake Valentine Road. Attachment A is City Change Order No. 1 (County Change Order No. 5) for the MVHS Trail project, with plans that required the removal and replacement of casting and rings for the existing sanitary manhole to match the new trail elevation. Upon review in the field, the existing structure did not have adjusting rings, so the casting could not be lowered without reconstructing the structure. The Engineer directed the Contractor to reconstruct the sanitary manhole in order to lower the casting to the correct finished grade elevation. Staff reviewed this item in the field and considers it reasonable. Staff recommends that Council approve City Change Order No. 1 in the amount of $7,150.00. Attachment B is City Change Order No. 2 (County Change Order No. 6) for the MVHS Trail Plans, which identifies a power pole relocation (by others) along the project corridor. The utility owner (Xcel) was notified of the required relocations. Xcel installed new power poles as required by the project, but in order to complete aerial transfers to the new poles, several services required replacement. At 4057 Fairview Avenue, Xcel was unable to replace the service due to extensive corrosion of the existing meter sockets. The Engineer directed the Contractor to replace the meter sockets at this location so that Xcel could complete their relocations as required by the project. Staff reviewed this item and considers it reasonable. Staff recommends that Council approve City Change Order No. 2 in the amount of $3,685.00. Attachment C is City Change Order No. 3 (County Change Order No. 7) for the MVHS Trail project, the Plan shows proposed storm sewer installation adjacent to and underneath the new trail. When performing removals for the new storm sewer and trail section, the Contractor encountered the following unforeseen existing pavement section in SB Old Snelling: 8" of concrete pavement, 6" of soil, another 8" section of concrete pavement, overlaid by varying thickness of bituminous pavement. The Plans did not identify the concrete pavement and only included a pay item for bituminous pavement removal. The Engineer re -designed the storm sewer to minimize disturbance to the existing pavement. The Engineer directed the Contractor to remove the full -depth pavement section in order to install the storm sewer per the revised design and replace the void space (up to the bottom of the proposed trail section) with Aggregate Base Class 5. The Engineer measured the area of removed concrete pavement (each slab), volume of material excavated between the two concrete pavement sections, and volume of Class 5 material used to replace the removed pavement. This change in scope had to be completed for the Page 2 of 5 installation of the MVHS trail extension and is an item cost split 50%/50% between City/County. Staff reviewed this item in the field and considers it reasonable. Staff recommends that Council approve City Change Order No. 3 in the amount of $40,222.49. Attachment D is City Change Order No. 4 (County Change Order No. 10) for the MVHS Trail project, the original contract included provisions and payment items allowing the contractor the ability to close Lake Valentine and detour traffic. The intention was for any closure/detour to be a short-term setup used during the summer months, thereby only impacting residents. The contractor was unable to start work along Lake Valentine until later in the summer due to delays in private utility relocation schedules. By the time the contractor was able to begin major operations, back -to -school activities were beginning to ramp up. The project team determined that a flagging operation would provide means of continual traffic in both directions while work was performed on the trail along Lake Valentine. This was a preferred alternative to any road closures both for the safety of students returning to school, and convenience of bus and residential traffic along an increasingly busy road. Flaggers were necessary during the following operations, specific to the City project work along Lake Valentine Road: Concrete driveway and curb removals, excavation for the trail, placement of aggregate materials for the trail and driveway sections, construction of retaining wall near MVHS, concrete pours for curb, sidewalk and driveways, and bituminous trail paving. Staff reviewed this item and considers it reasonable. Staff recommends that Council approve City Change Order No. 4 in the amount of $25,195.00. Attachment E is City Change Order No. 5 (County Change Order No. 11) for the roundabout project at Old Snelling and County Rd E, the Plan calls for a fence between the proposed bike trail and pond in the NW quadrant of the intersection of CR E and Old Snelling. After the new fence had been installed, the Engineer determined a 10' gate needed to be added to provide access the City's sanitary manholes behind the proposed fence. The Engineer directed the Contractor to install a 10' wide gate at that location. Staff reviewed this item and considers it reasonable. Staff recommends that Council approve City Change Order No. 5 in the amount of $5,445.00. Attachment F, is the Ramsey County invoice in the amount of $19,800 to cover the engineering design fee related to the City's water and sanitary sewer improvements at the intersection of County Rd E and Old Snelling. Attachment G, is the Ramsey County invoice in the amount of $101,751.25 to cover the costs related to each property parcel affected by the project, easement acquisition, and administration fees. This invoice does not include any costs related to the Lindey's Steakhouse parking lot construction. City staff has reviewed the change orders and invoices above and recommends the City Council approve payment to Ramsey County accordingly. Budtet Impact Below are cost tables related to the City's items. As both of these projects have not been completed, the values presented are best estimates based off of as -bid costs and current contracts. Page 3 of 5 Roundabout Costs Overall Project Costs As -bid costs Water & Sanitary sewer improvements (State $489,005 Bonding Bill) Street & Storm Sewer improvements (MSA) $444,642 Design & construction admin (PIR) $82,937 ROW acquisition & admin (*MSA) $471,898 Change Order No. 5 $5,445 Total City Costs $1,493,927 Roundabout Budget vs. Actual Cost Funding Source Budget Actual Cost Over/(Under) State Bonding Bill $510,000 $489,005 -$20,995 MSA $450,000 $921,985 $471,985 PIR $0 $82,937 $82,937 Utility Fund $287,000 $0 -$287,000 Total $1,247,000 $1,493,927 $246,927 *The above right of way (ROW) acquisition costs were estimated at $471,898. The Lindey's Steakhouse parking lot has not been bid or constructed so the actual costs are not known at this time. All ROW acquisition costs are MSA eligible for the roundabout project. MVHS Trail Costs Funding Source As -bid costs Trail Improvements & construction $326,105 admin (SRTS) Street & construction admin (MSA) $33,998 Design (PIR) $114,480 ROW acquisition & admin (MSA) $71,122 Change Order No.1 through No. 4 $76,252 Total City Costs $621,957 MVHS Budget vs. Actual Cost Funding Source Budget Actual Cost Over/(Under) SRTS $450,000 $402,357 -$47,643 MSA $0 $105,120 $105,120 PIR $200,000 $82,937 -$117,063 Total $650,000 $590,414 -$59,586 Page 4 of 5 Attachments Attachment A: Change Order No. 1 Attachment B: Change Order No. 2 Attachment C: Change Order No. 3 Attachment D: Change Order No. 4 Attachment E: Change Order No. 5 Attachment F: Ramsey County invoice for City utility design engineering fees Attachment G: Ramsey County invoice for ROW acquisition costs Page 5 of 5 Ramsey County Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Contractor: Bituminous Roadways, Inc. Project Location: County Rd. E and Old Snelling Ave. The Contract is amended as follows: CHANGE ORDER 5 Contractor's Address: 1520 Commerce Dr. Mendota Heights, MN 55120 Project Description: Road Reconstruction SUPPLEMENTAL TO CONTRACT CCO03151 Attachment A State Aid Project No. S.A.P.062-676-006 Account No. P - 3420 Sheets 27 and 33 of the MVHS Trail project calls the casting and rings to be removed & replaced for the existing sanitary manhole at Sta 22+60 to match the new trail elevation. Upon review in the field, the existing structure did not have adjusting rings, so the casting could not be lowered without reconstructing the structure. The Engineer directed the Contractor to reconstruct the sanitary manhole in order to lower the casting to the correct finished grade elevation. The Engineer and Contractor agreed upon the negotiated unit price as shown below in the Estimate of Costs. Contract time will not be revised except as may be provided under that Contract provisions of MN/DOT Specification 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATE OF COSTS Item No. Item Unit Unit Price Quanti Amount 1402.5 Reconstruct Sanitary Manhole Each $7,150.00 1 $7,150.00 Net Total Change: $7,150.00 S.A.P 187-108-004 (100% City of Arden Hills) 1-5-23 PAUL HILDESTA aK mom` Date Approved By Date Approved By County Project Engineer Contractor Date Approved By Date Accepted By County Engineer Assist. D.E. State Aid Metro Date Funds are Available Date Approved By County Manager City of Arden Hills �igAally signatl by Dan Hermg Dan H e rzo 1-N D2024.0 0 e130 04rt06•g0,liingcom Date Approved By Chair, Ramsey Date Approved By County Finance SRF Consulting Ramsey County Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 SUPPLEMENTAL TO CONTRACT CCO03151 Contractor: Bituminous Roadways, Inc. Project Location: County Rd. E and Old Snelling Ave. The Contract is amended as follows: CHANGE ORDER 6 Contractor's Address: 1520 Commerce Dr. Mendota Heights, MN 55120 Project Description: Road Reconstruction Attachment B State Aid Project No. S.A.P.062-676-006 Account No. P - 3420 Sheet 26 of the MVHS Trail Plans identifies a power pole relocations (by others) along the project corridor. The utility owner (Xcel) was notified of the required relocations. Xcel installed new power poles as required by the project, but in order to complete aerial transfers to the new poles, several services required replacement. At 4057 Fairview Avenue (Station 17+35), Xcel was unable to replace the service due to extensive corrosion of the existing meter sockets. The Engineer directed the Contractor to replace the meter sockets at this location so that Xcel could complete their relocations as required by the project. The Engineer and Contractor agreed upon the negotiated unit price as shown below in the Estimate of Costs. Contract time will not be revised except as may be provided under that Contract provisions of MN/DOT Specification 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATE OF COSTS Item No. Item Unit Unit Price Quanti Amount 1402.5 Replace Meter Socket EA $3,685.00 1 $3,685.00 Net Total Change: $3,685.00 S.A.P 187-108-004 (100% City of Arden Hills) 1-12-24 PAUL HILDESTAf „� Date Approved By Date Approved By County Project Engineer Contractor Date Approved By Date Accepted By County Engineer Assist. D.E. State Aid Metro Date Funds are Available Date Approved By County Manager City of Arden Hills DIVU1y signed by Dan Herzog CN=Ds4.o 1/12/24 Dan Herzog 92;;:0° osgo:neg.om. Date Approved By Chair, Ramsey Date Approved By County Finance SRF Consulting Ramsey County Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Contractor: Bituminous Roadways, Inc. Project Location: County Rd. E and Old Snelling Ave. The Contract is amended as follows: CHANGE ORDER 7 Contractor's Address: 1520 Commerce Dr. Mendota Heights, MN 55120 Project Description: Road Reconstruction SUPPLEMENTAL TO CONTRACT CCO03151 Attachment C State Aid Project No. S.A.P.062-676-006 Account No. P - 3420 The MVHS Trail project (SAP 187-108-004) converted the outside southbound lane of Old Snelling Avenue from a thru lane to an off -road bike trail from Sta. 36+00 to 47+00. Sheet 55 and 56 of the Plans shows proposed storm sewer installation adjacent to and underneath the new trail. When performing removals for the new storm sewer and trail section, the Contractor encountered the following existing pavement section in SB Old Snelling: 8" of concrete pavement, 6" of soil, another 8" section of concrete pavement, overlaid by varying thickness of bituminous pavement. The Plans did not identify the concrete pavement and only included pay item for bituminous pavement removal. The Engineer re -designed the storm sewer to minimize disturbance to the existing pavement. The Engineer directed the Contractor to remove the full -depth pavement section in order to install the storm sewer per the revised design and replace the void space (up to the bottom of the proposed trail section) with Aggregate Base Class 5. The Engineer measured the area of removed concrete pavement (each slab), volume of material excavated between the two concrete pavement sections, and volume of Class 5 material used to replace the removed pavement. The Engineer and Contractor agreed upon the negotiated unit prices for the extra as shown below in the Estimate of Costs. Contract time will not be revised except as may be provided under that Contract provisions of MN/DOT Specification 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATE OF COSTS Item No. Item Unit Unit Price Quanti Amount 2104.518 Remove Concrete Pavement SF $2.05 22,960.00 $47,068.00 2106.507 Excavation - Common CY $17.00 212.59 $3,614.03 2211.507 Aggregate Base (CV) Class 5 CY $35.00 850.37 $29,762.95 Net Total Change: $80,444.98 S.A.P. 062-676-006 (50% Ramsey County) S.A.P 187-108-004 (50% City of Arden Hills) 1-17-24 PAUL HILDEST A �EssaTaoaos oM. Date Approved By Date Approved By County Project Engineer Contractor Date Approved By County Engineer Date Accepted By Assist. D.E. State Aid Metro Date Funds are Available Date Approved By County Manager City of Arden Hills 1-17-24 Dan Herzoz®,°,1J z1a boo.= Date Approved By Chair, Ramsey Date Approved By County Finance SRF Consulting Ramsey County Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Contractor: Bituminous Roadways, Inc. Project Location: County Rd. E and Old Snelling Ave. The Contract is amended as follows: CHANGE ORDER 10 Contractor's Address: 1520 Commerce Dr. Mendota Heights, MN 55120 Project Description: Road Reconstruction SUPPLEMENTAL TO CONTRACT CCO03151 Attachment D State Aid Project No. S.A.P.062-676-006 Account No. P - 3420 1. Division S-24.1 "Determination and Extension of Contract Time" states that the "Contractor must complete all Work to meet the requirements of 1516.2 (Project Acceptance) under this Contractor before November 1, 2023. Due to the high volume of existing private utilities requiring to be relocated, the Contractor was unable to schedule and complete contract work by this date. For this reason, the Engineer hereby revises the S-24.1 Project Acceptance date to June 1, 2024. 2. Division S-24.5 "Determination and Extension of Contract Time" states that the Old Snelling and County Road E roundabout shall be open to traffic by August 28t'', 2023, to accommodate ISD #621 and Bethel University traffic. The Engineer directed the Contractor to remove closures and detours and open the roundabout to traffic on August 28', 2023 as required by the Contract, and manage traffic utilizing flagging operations conforming to the MUTCD. As allowed per Contract S- 73 "Additional Traffic Control Devices", the Engineer agreed to reimburse the cost for the requested flagging operations for work at the intersection after the opening date of August 28tt', 2023. 3. The Mounds View High School Trail Improvements project (SAP 187-108-001) included S-75 "Detour Signing" provision and pay item allowing the contractor the ability to close Lake Valentine and propose a traffic detour. The contractor was unable to start work along Lake Valentine until later in the summer due to delays in private utility relocation schedules. By the time the contractor was able to begin operations, back -to -school activities were beginning to resume, increasing traffic along Lake Valentine. The Engineer determined that a flagging operation would provide means of continual traffic in both directions while work was performed on the trail project. The City preferred a flagging traffic control operation alternative to any road closures both for the safety of students returning to school, and convenience of bus and residential traffic along an increasingly busy road. As allowed per Contract S- 73 "Additional Traffic Control Devices", the Engineer agreed to reimburse the cost for the requested flagging operations for work at the intersection after the opening date of August 28th, 2023. The Engineer and Contractor agreed upon the negotiated unit prices for the extra as shown below in the Estimate of Costs. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. Item No. Item 2563.610 Flagger(County) 2563.610 Flagger(City) S.A.P. 062-676-006 (Ramsey County) S.A.P 187-108-004 (City of Arden Hills) 2 6 2024 �� O�1 Date Approved By County Project Engineer Date Approved By County Engineer ESTIMATE OF COSTS Unit Unit Price Quanti1y Amount Dollar $1.00 45,634 $45,634.00 Dollar $1.00 25,195 $25,195.00 Net Total Change: $70,829.00 yea er Paul Nunes*no 2-6-24 PAUL HILDEST L"H­08 ---'gin -o --, Date Approved By Contractor Date Accepted By Assist. D.E. State Aid Metro Date Funds are Available Date Approved By County Manager City of Arden Hills IIIWy e19— by — He 2/6/24 Dan Herzo �202 D2%1—:2.— Date Approved By Chair, Ramsey Date Approved By County Finance SRF Consulting Ramsey County Department of Public Works 1425 Paul Kirkwold Drive Arden Hills, MN 55112 Contractor: Bituminous Roadways, Inc. Project Location: County Rd. E and Old Snelling Ave. The Contract is amended as follows: CHANGE ORDER 11 Contractor's Address: 1520 Commerce Dr. Mendota Heights, MN 55120 Project Description: Road Reconstruction SUPPLEMENTAL TO CONTRACT CCO03151 Attachment E State Aid Proiect No. S.A.P.062-676-006 Account No. P - 3420 Sheet 90 of the Old Snelling Roundabout project calls for a fence (2557.503 Wire Fence Design 48V-9322) between the proposed bike trail and pond in the NW quadrant of the intersection of CR E and Old Snelling. After the new fence had been installed, the Engineer determined a 10' gate needed to be added to provide access the City's sanitary manholes behind the proposed fence. The Engineer directed the Contractor to install a 10' wide gate at Sta 403+00. The Contract does not include a pay item for this work. The Engineer and Contractor agreed upon the negotiated unit price as shown below in the Estimate of Costs, which includes all costs for equipment, labor, materials, mobilization, removing existing fence, and installation of the 10' wide gate. Contract time will not be revised except as may be provided under that Contract provisions of MN/DOT Specification 1806. The Contractor shall not make any claim of any kind or character whatsoever for any other costs or expenses which he may have incurred of which he may hereafter incur in performing the work and furnishing the materials required by this agreement. ESTIMATE OF COSTS Item No. Item Unit Unit Price Quanti Amount 2557.502 Pedestrian Gate Each $5,445.00 1 $5,445.00 Net Total Change: $5,445.00 S.A.P 187-108-004 (100% City of Arden Hills) 2 6 24 q4ee�` 2-6-24 PAUL HILDESTA r�,,,��s.�, r °o� Date Approved By Date Approved By County Project Engineer Contractor Date Approved By Date Accepted By County Engineer Assist. D.E. State Aid Metro Date Funds are Available Date Approved By County Manager City of Arden Hills 2/6/24 Dan Herzo 3; -"n- � Date Approved By Chair, Ramsey Date Approved By County Finance SRF Consulting Elk RAMSEY COUNTY Public Works Please Remit To: Ramsey County 90 Plato Blvd W PO Box 64097 St Paul MN 55164-0097 USA Bill To: ARDEN HILLS CITY OF 1245 WEST HWY 96 ARDEN HILLS MN 55112 United States INVOICE Invoice Number Invoice Date: Page: Customer Number: Payment Terms: Due Date: AMOUNT DUE: Attachment F PUBW-020745 12/28/23 1 of 1 004000 30 Days 1 /27/24 19,800.00 USD Amount Remitted ---------------------------------------------------------- For billing questions, please call 651-266-7100 Original Line Identifier Description Quantity UOM Unit Amt Net Amount RECONSTRUCTION OF OLD SNELLING AVENUE AND COUNTY ROAD E -- AGREEMENT PUBW2022-23R CITY OF ARDEN HILLS SHARE DESIGN COSTS THROUGH DECEMBER 2023 RIGHT OF WAY COSTS TO BE BILLED SEPARATELY 1 1.00 EA 19,800.00 19,800.00 Subtotal: 19,800.00 Amount Due: 19,800.00 Please return the top portion of the invoice with your check payable to Ramsey County. Ramsey County invoices may be paid online! Please visit ramseycounty.us/Paylnvoices for more information. You will need your Customer Number and Invoice Number to complete your transaction. Elk RAMSEY COUNTY Public Works Please Remit To: Ramsey County 90 Plato Blvd W PO Box 64097 St Paul MN 55164-0097 USA Bill To: ARDEN HILLS CITY OF 1245 WEST HWY 96 ARDEN HILLS MN 55112 United States INVOICE Invoice Number Invoice Date: Paqe: Customer Number: Payment Terms: Due Date: AMOUNT DUE: Attachment G PUBW-020746 12/28/23 1 of 1 004000 30 Days 1 /27/24 101,751.25 USD Amount Remitted ---------------------------------------------------------- For billing questions, please call 651-266-7100 Original Line Identifier Description Quantity UOM Unit Amt Net Amount RECONSTRUCTION OF OLD SNELLING AVENUE AND COUNTY ROAD E -- AGREEMENT PUBW2022-23R CITY OF ARDEN HILLS SHARE OF RIGHT OF WAY ACQUISITION COSTS THROUGH DECEMBER 2023 ENGINEERING TO BE BILLED SEPARATELY 1 1.00 EA 101,751.25 101,751.25 Subtotal: 101,751.25 Amount Due: 101,751.25 Please return the top portion of the invoice with your check payable to Ramsey County. Ramsey County invoices may be paid online! Please visit ramseycounty.us/Paylnvoices for more information. You will need your Customer Number and Invoice Number to complete your transaction. CONSENT ITEM — 8I ,-ARZEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Resolution Appointing Elizabeth Johnson to the Parks, Trails and Recreation Committee (PTRC) Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: • Resolution 2024-009 Appointing Elizabeth Johnson to the Parks, Trails, and Recreation Committee (PTRC) Background/Discussion Elizabeth Johnson submitted an application to volunteer as a member of the PTRC Committee. Interviews were conducted that included the Council Liaison, Staff Liaison and PTRC Vice Chair. Following the interview, Staff is recommending that Elizabeth Johnson be appointed to the PTRC for a term ending December 31, 2026. Attarhmont A: Resolution 2024-009 Page 1 of 1 Attachment A ARZEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-009 A RESOLUTION APPOINTING ELIZABETH JOHNSON TO THE PARKS, TRAILS, AND RECREATION COMMITTEE (PTRC) FOR A TERM EXPIRING DECEMBER 31, 2026 WHEREAS, the City Council appoints residents to serve in an advisory capacity to the various Commissions or Committees; and WHEREAS, the Parks, Trails and Recreation Committee (PTRC) currently has openings for membership on the committee. THEREFORE, BE IT RESOLVED that the Arden Hills City Council appoints Elizabeth Johnson to serve on the PTRC with a term ending December 31, 2026: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12t" DAY OF FEBURARY, 2024. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM — 8J EN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Lucas J. Miller, Assistant Public Works Director SUBJECT: City Hall Parking Lot Improvements — Payment No. 4 & Final Closeout Budgeted Amount: Actual Amount: Funding Source: $300,000.00 $306,455.51 Equipment & Building Fund Council Should Consider Motions to approve, table, or deny the following: Payment No. 4 and Final Closeout for the City Hall Parking Lot Improvements Project to Bituminous Roadways, Inc. in the amount of $12,114.17. Background/Discussion On March 21, 2022, City Council approved Resolution 2022-016 awarding the construction contract to Bituminous Roadways, Inc. in the amount of $233,650 for the City Hall Parking Lot Improvements. The City Council approved Change Order No. 1 on September 25, 2023 for some minor unforeseen items that were addressed during construction and considered reasonable. The City Hall Parking Lot Improvements Project is complete and ready for Final Payment and Closeout. Payment No. 4 is in the amount of $12,114.17. Staff recommends that Council approve and accept Payment No. 4 along with final closeout documents (Attachment A). Budget Impact A summary of the project costs and funding sources to date is provided below: Page 1 of 2 PROJECT COSTS Construction contract 233,650.00 Construction overage 8,633.46 Engineering 59,492.07 Materials testing 2,883.00 Camera, bids, misc 1,796.98 TOTAL 306,455.51 FUNDING SOURCES Equipment & Building Fund 306,455.51 Attachments Attachment A: Pay Request No. 4 with Final Closeout does Page 2 of 2 Z= B/t,//%%//%ails 1520 Commerce Drive Mendota Heights, MN 55120 Roadways, HOC. 651-686-7001 • inquiry@bitroads.com B L L T O City of Arden Hills 1245 West Hwy 96 Arden Hills, MN 55112 BRI Project No. 2211014 Project Description: Arden Hills City Hall Estimate #4 through 01/17/24. Purchase Order # PW-20-0103 Original Contract Amount Less Retainage Less Previous Payments Balance Due Mayor Signature Contract Amount $233,650.00 Attachment A INVOICE NUMBER 33561 01/17 Customer No. 512 Completed Completed To Date This Estimate $242,283.46 $0.00 $242,283.46 ($230,169.29) $12,114.17 Date Thank You $0.00 $12,114.17 $12,114.17 $0.00 $12,114.17 WE ACCEPT ALL MAJOR CREDIT CARDS INVOICE DUE UPON RECEIPT. A FINANCE CHARGE OF 1'/-% PER MONTH (18% PER YEAR) WILL BE CHARGED ON ANY BALANCE OVER 30 DAYS PAST DUE. H N J -H � -I 0 i b E vi C, 3 3 3 Lo 00 00 CO [D !C ea — C c H co .. � W coo x 3 cc O cii — U C N .. 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O d F O o N Vl •-- M��C O V) M [� kn O oo l� v 't O oo oo n M o O O oo �o [- tr oo (V m ON O -r v) o\ O O M Q, N sA 69 69 65 69 s Ef3 v3 bs GiY 6A 69 69 69 69 v) 6A 69 b9 6A :; ;;�V M oo I� N I� l� oo tn I t oo U 110 UM l O O N M M M N v) N N SY M b4 69 fig 69 IS 69 69 GI 69 69 6s Fi3 69 6A 6A t,9 601) H9 1110 0 O 0 O 0 O 0 O 0 V1 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 •-, o0 oo - Ln 7 M M r- vj a UwUILIwwwcnmmww u a .l a.aa.a.av� w w z o xzF ° �U Q°z�� �gow oM �za 7. A} UOa. wN ww 10T.) wwOrxw� wF wC7U U UUz F W a Z UUz.�I� °AC7 W N..AAw W QQ,-��C7��'n"�A U>�zcnx v�cnw�nx�a F z w a (IF N O N 64 6R W b~19 A � N N rid o cQ c A 2 n,>j +Cd N i y o A ' o ~ CJ (V b � b '} DEPARTMENT = OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 0-902-625-632 16-Jan-2024 1:19:23 PM BITUMINOUS ROADWAYS INC 41-0646864 Cindy Ladzun Contractor Affidavit 912838656 8225235 CITY OF ARDEN HILLS PW-20-0103 30-May-2022 02-Nov-2023 ARDEN HILLS CITY HALL PARKING LOT IMPROVEMENTS $242,283.46 Name ID Affidavit Number C R FISCHER & SONS INC. 1605604 1161351168 CUSTOM GROUNDS & RESTORATION SRVCS 8185608 2054115328 KILLMER ELECTRIC CO INC. 6718331 1158369280 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withhold ing.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. 1/16/24, 10:21 AM mndor.state.mn.us/tp/eservices/_/Retrieve/O/Dc/tgQuZ68u6sTOHEZhQHsipw_?FILE= Print2&PARAMS^ 581716086912470. DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-464-523-104 16-Jan-2024 10:21:26 AM C R FISCHER & SONS INC 41-1716349 crfischer Contractor Affidavit 1161351168 1605604 CITY OF ARDEN HILLS PW-20-0103 01-May-2022 30-Jun-2022 CITY HALL PARKING LOT ARDEN HILLS $37,968.46 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withhold ing.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/O/Dc/tgQuZ68u6sTOHEZhQHsipw_?FILE= Print2&PARAMS_=5817160869124708405 1/1 1/12/24, 11:24AM mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/xXrEsr7kkvWLna7bAidC1g_?FILE= Print2&PA RAMS_= 1219329852581916 .. DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-122-572-640 12-Jan-2024 11:23:56 AM CUSTOM GROUNDS & RESTORATION SRVCS 20-4256445 CGR Services Contractor Affidavit 2054115328 8185608 CITY OF ARDEN HILLS PW-20-0103 08-Sep-2022 08-Sep-2022 ARDEN HILLS CITY PARKING LOT IMPROVEMENTS $1, 565.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltp/eservices/ /Retrieve/0/DclxXrEsr7kkvWLna7bAidClg_?FILE_=Print2&PARAMS_=1219329852581916085 1/1 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1158369280 6718331 CITY OF ARDEN HILLS 2211014 06-May-2022 11-Jul-2023 ARDEN HILLS, MN $44, 328.00 No Subcontractors 0-004-479-328 15-Jan-2024 9:42:57 AM KILLMER ELECTRIC CO INC 41-1250710 cresner Contractor Affidavit Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withhold! ng.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: l / 11 /2024 Upon receipt by the undersigned of a check from: Bituminous Roadways, Inc. for the sum of two thousand six hundred ten & 92/100 dollars ($2,610.92), payable to: CR Fischer and Sons, Inc and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective. Check One Only 1. ❑ As partial payment for labor, skill and material furnished 2. ❑ As payment for all labor. skill and material furnished or to be furnished (except the sum of $0.00 retainage or holdback) 3. 0 As full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description. street address or project name). Arden Hills City Hall Bituminous Roadways Job #221 1014 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box I is checked, and except fir retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full. CI, Cher and SonsInc By �Eza� J Printed Name��q�L{ 06 le —ens k", Title Address (} 13DZ 7 7 8 NOTE: If this instrument is executed by a corporation, it must he signed by (in officer, and if executed by a purt►rership, it must be signed bra a partner. RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: 1 /11 /2024 Upon receipt by the undersigned of a check from: Bituminous Roadways, Inc. for the sum of seventy eight & 25/100 dollars ($78.25), payable to: Custom Grounds & Restoration Services and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective. Check One Only 1. ❑ As partial payment for labor, skill and material furnished 2. ❑ As payment for all labor, skill and material furnished or to be furnished (except the sum of $0.00 retainage or holdback) 3. 2 As full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name). Arden Hills City Hall Bituminous Roadways Job #2211014 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full. Custom Grounds & toration Service By Printed Name fSgy Title Address -D�!v L 14N -52;3z:z NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if executed by a partnership, it must be signed by a partner. RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: 1 /11 /2024 Upon receipt by the undersigned of a check from: Bituminous Roadways, Inc. for the sum of two thousand two hundred sixteen & 40/100 dollars ($2,216.40), payable to: Killmer Electric Co., Inc. and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective. Check One Only 1. ❑ As partial payment for labor, skill and material furnished 2. ❑ As payment for all labor, skill and material furnished or to be furnished (except the sum of $0.00 retainage or holdback) 3. [Q As full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name). Arden Hills City Hall Bituminous Roadways Job #2211014 and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full. Co., Inc. B Printed Name�� Title Cz� Address S ► 11 1 V-'- l� NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if executed by a partnership, it must be signed by a partner. Bond No. 54-243712 Owner CONSENT OF Architect SURETY COMPANY Contractor TO FINAL, PAYMENT Surety AIA DOCUM E M1T G707 Other PROTECT: City Hall Parking Lot Improvements, City Project No. PW-20-0103 (name, address) TO: (Owner) City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 CONTRACTOR: Bituminous Roadways, Inc. 1520 Commerce Dr. Mendota Heights, MN 55120 ARCHITECT'S PROJECT NO: CONTRACT FOR: Construction CON I'RACT DATE,: 3/14/2022 In accordance with the provisions of the Contract bet«.een the Owner and the Contractor as indicated above, the United Fire & Casualty Company 118 Second Ave SE Cedar Rapids, Iowa 52407 ,Si1RETY COMPANY on bond of (hcrc insert name and address of ('onttnetor) Bituminous Roadways, Inc. 1520 Commerce Dr. Mendota Heights, Minnesota 55120 ,CONTRACTOR, hereby approves of the final paynnent to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (hcrc insert name and address of Owner) City of Arden Hills 1246 West Highway 96 ,OWNER, Arden Hills, Minnesota 65112 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 16th day of January, 2024 Surety Company United Ca altyompany %ignat t Authorizcd Rcpresenta't]V% - Att``t Name Alemdar -Attorney-In-Fact (seat):— 'litle NOTE: This fomt is to be used as a companion document to AIA DOCUNIFNT G706. CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current LAtion AIA DOCUMENT G707-('0NSL-NT OF SURETY COMPANY TO FNAL PAYMENT•APRIL 1970 EDITION-AIAai' ONE PAGE BC1970-TI1F. AMFRiC'AN 1NS`I7'fUTF.OF AR('HI'1"L'C'"1'S. 1735 NFw YORK. AVF.., NW, WASHINGTON, D.C., 20006 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department ufglAim UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE 9 FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the. laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint MARILYN HENTGES, KATIE RANDOLPH, KELLY PRESTON, JANE THOMPSON, BARB MICHAELS, LINDA JACKSON, ALAN STARKS, JEFFREY SETTEM, MELISSA M NORDIN, NAME ALEMDAR, TYLER GERADS, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. . The Authority hereby granted shall expire the 11 th day of January, 2025 un 1 e s s sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment ofAttomey-in-Fact. "The President or any Vice President, or any other officer ofthe Companies may, from time to tim e, appoint by written certificates attomeys-in-fact to act in behalf ofthe Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this \\18 G3(ffl/!!+/ \\H111111ff11!/// pllllllllllllryr�/, `tad cai,��r ``t\aE�.1XDeslrylf}i' IN5N��� as cO+' ros! Qp'GpRPOggf.,D�;k�s =ti IC RAI'I. COIiYOKArIJLY y SEAL SEAL `I% lose yy., .p9 P;•�F 7��l�I I1l1�N\�,` `''r��flIITIIRIIH ` '��;�/f•�/FO�;d,+�A r IIIIR111 State of Iowa, County of Linn, ss: 11th day of January, 2023 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY Vice President On 11th day of January, 2023, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 4 OhL Judith A. Jones _ Iowa Notarial Seal + Commission number 173041 Notary Public ow► My Commission Expires 4/23/2024 T"76commlission expires: 4/23/2024 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 16th day of Januaiv 12024 1NSLq"'. C COItPOx.AI'F �q� �� CORF'ONATF s� _ Q;.= LY eaFpO•C14 ==d 1886 Ja, SEAL 9 y Y'c'r[/FOF��pr=� i......r...... • Assistant Secretary, OF&C & OF&I & FPIC BPOA0045 122017 CONSENT ITEM — 8K ,-ARZEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 Capital Equipment Purchase — Forestry Head Attachment #464 Budgeted Amount: Actual Amount: Funding Source: $22,500 (net) $23,764 Equipment Replacement Fund (2024 CIP) Council Should Consider Motions to approve, table, or deny the following: • 2024 purchase of a forestry Bullhog Mulching Head attachment in the amount of $23,764.00. Background/Discussion The 2024 Capital Improvement Plan (CIP) includes replacement of Bobcat Forestry Head Attachment #464. This attachment clears brush and tree debris within the parks and surrounding trails and sidewalks. Attachment A is a quote for the forestry Bullhog Mulching Head attachment in the amount of $23,764. The auction estimate for the attachment we planned for replacement is $1,000 - $1,500. With the low return, Public Works staff is recommending to keep this piece and use it only as a light brush removal tool. This would allow for better tool/equipment selection and limit unnecessary use of the proposed Bullhead Mulching Head attachment. The quote received is sourced from MN State Contract pricing. Page 1 of 2 Budtet Impact The Capital Improvement Program for equipment purchases includes a budget of $25,000 with an estimated trade in value of $2,500 for a net cost of $22,500 for replacement of Forestry Head Attachment #464 in 2024. Public Works staff recommends not selling the existing attachment #464. This option would be $1,264 over budget. Attachments Attachment A: 2024-2028 CIP detail sheet Attachment B: Bullhog Mulching Head attachment quote Page 2 of 2 Capital Improvement Plan City of Arden Hills, Minnesota Attachment A 2024 thrtt 2028 Department Equipment Contact Public Works Director Project # 24-Eqp-003 Project Name Replace Bobcat Forestry Head Attachment #464 TCAAP No Type Equipment Useful Life 8-10 Category Equipment: Public Works Priority 2 Very Important Description I Total Project Cost: $25,000 Zeplacement of a 2015 Forestry attachment for use on the Bobcat Mini Excavator (#85464). 3stimated auction return - $2,500. Justification Phis attachment clears brush and tree debris within the parks and surrounding trails and sidewalks. Staff recommends replacement due to structural °ailure and the equipment is past its useful life. Zepair costs from 2019-2023 total - $1,614 Expenditures 2024 2025 2026 2027 2028 Total Equip/Vehicles/Furnishings 25,000 25,000 Total Funding Sources 25,000 2024 2025 25,000 2026 2027 2028 Total Equipment/Building Replacement Fund Trade -In Value 22,500 2,500 22,500 2,500 Total 25,000 25,000 Budget Impact/Other Produced Using the Plan -It Capital Planning Software 7 BURNSVILLE LITTLE CANADA 1200 Highway 13 E 71 Minnesota Avenue Attachment B Burnsville, MM N 55337 Little Canada, N 55117 (952)894-0894 (651)407-3727 Fax(952) 894-5759 Fax (651) 683-2476 Sales • Service • Rentals • Parts www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF ARDEN HILLS 1245 W HIGHWAY 96 ARDEN HILLS MN 55112-5743 Branch 2 - Little n Date 01 09 2024 Time 15:53:28 O Page 1 Account No. 11074 Phone No. 6517927847 Invoice62. �008531 Ship Via Purchase Order Salesperson RJH EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 02/29/2024 Amount Stock #: L075050 Serial #: OFMx36E010933 23764.00 NEW 2022 FECON FMX36 BULLHOG MULCHING HEAD SET UP WITH HOSES AND QUICK ATTACH PLATE FOR A BOBCAT E50 Subtotal: 23764''.00 Authorization Quote Total: 23764.00' CONSENT ITEM — 8L ,-i DEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers David Perrault, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Resolution Approving Plans & Specifications and Order Advertisement for Bids for the 2024 CIPP Lining Project Budgeted Amount: Actual Amount: Funding Source: $415,000 $487,396 Sanitary Sewer Fund, MCES I/I (Estimate w/ Alternate) Council Should Consider Motions to approve, table, or deny the following: Adopting Resolution 2024-010 Approving Plans and Specifications and Ordering Advertisement for Bids for the 2024 CIPP Lining Project. Background/Discussion The 2024 — 2028 Capital Improvement Program identifies improvements of the 2024 Cured In - Place Pipe (CIPP) Lining project scheduled for construction in the year 2024. The City Council approved professional services with engineering consultant, TKDA, to prepare construction plans and specifications on September 25, 2023. The proposed project includes inflow and infiltration repairs to the existing sanitary sewer within the Arden View Drive neighborhood. Through the Public Works' sanitary sewer maintenance program, inspections identified the proposed segments of sewer needing repairs due to significant cracks or voids, root intrusion and also aging clay pipe (VCP) that indicated a need for rehabilitation. Through the CIPP process, I & I is eliminated at the joints and cracks of the existing pipe and the new lining is known to extend the life of the pipe by at least 50 years. Adoption of Resolution 2024-010 will approve the plans and specification and order bid advertisement for the 2024 CIPP Lining project. Bids would be received on March 6, 2024, and presented to the City Council on March 11, 2024, with an appropriate resolution to award the construction contract. This schedule will allow for construction to begin this summer and a final Page 1 of 2 construction completion date of September 27, 2024. Staff recommends adoption of Resolution 2024-010 as provided in Attachment A. A copy of selected sheets of the project plan set is provided in Attachment B. The project manual consists of 456 pages. A full copy of project manual is on file and available upon request to the City Clerk or by downloading from the project webpage prior to the start of bidding. Budget Impact A summary of the estimated project costs and funding sources is provided below: Total Estimated Costs Construction (Primary) $ 340,196 *Construction (Alternate) $ 70,800 Engineering Services $ 61,400 Materials Testing $ 15,000 TOTAL $ 487,396 Total Estimated Funding Sanitary Sewer Utility Fund $ 487,396 TOTAL $ 487,396 The City is participating in the 2023 Metropolitan Council (MCES) Public Inflow and Infiltration Grant program. Roughly 25% of the construction costs from this project will be eligible for reimbursement at the end of the program cycle in 2026. City staff recommended adding an Alternative construction bid to the project. This includes a grouting and sealing process for the private service laterals. It helps to eliminate I/I but also prevents root intrusion from the private service into the main line which makes routine cleaning operations more efficient. This repair method has been completed on previous projects including the 2021 PMP and proposed in the 2024 PMP. This Alternative is estimated over budget; however, staff recommends keeping it in the bid packet to receive a bid price and then decide whether or not to accept it. The amounts listed above are estimates based on the current opinion of probable construction costs. Final total expenses and funding amounts will be revised and presented to the City Council upon receipt of construction bids. Attachments Attachment A: Resolution 2024-010 Attachment B: Project Plans Page 2 of 2 Attachment A ,Mt -AVEPI HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-010 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS WHEREAS, the Public Works Department has prepared plans and specifications for Improvement Project No. PW-23-0101, 2024 CIPP Lining for sanitary sewer inflow and infiltration improvements in the Arden View Drive neighborhood. The plans and specifications have been presented to the council for approval. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisements shall be published for 21 days, shall specify the work to be done, shall state that the bids will be received by the clerk until 3:00 p.m. on Wednesday, March 6, 2024, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk, will then be tabulated, and will be considered by the council at 7:00 p.m. on March 11, 2024, in the council chambers of the city hall. Any bidder whose responsibility is questioned during the consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the city for five (5) percent of the amount of such bid. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 121h DAY OF FEBRUARY 2024. 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P-d b0�0000060Z\sll!HaaWVY-e�.N '3 CONSENT ITEM — 8M ,-ARZEN HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Acknowledgment for Ducks Unlimited North Suburban Ch. 239 to Hold Raffle/Bingo Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion(s) to approve, table or deny the following: • Acknowledgment of the LG220 Application from Ducks Unlimited North Suburban Chapter 239 for a raffle and bingo to be held on April 27, 2024 at Welsch's Big Ten with no waiting period Background/Discussion Ducks Unlimited North Suburban Chapter 239 has once again submitted a request for authorization to hold a raffle and bingo to raise money for the national Ducks Unlimited charitable organization, whose mission is to protect, preserve and enhance North America's wetland and associated upland habitat. Per Minnesota's Lawful Gambling regulations, they are required to obtain acknowledgment from the City. This does not require a permit or license from the City as it is not a premise permit. As part of the requirement of LG220 Application for Exempt Permit, the City must formally acknowledge the application with no waiting period, with a 30-day waiting period, or deny the application. Staff recommends the City Council approve a motion acknowledging the LG220 Application for Exempt Permit to conduct bingo and a raffle with a drawing date of April 27, 2024 with no waiting period. Budget Impact N/A Attachments Attachment A: LG220 application Attachment B: Non-profit letter Page 1 of 1 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit Attachment A 4/22 Page 1 of 4 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Ducks Unlimited North Suburban Chapter 239 Permit Number: X-03315-24-022 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: 36-3766069 Mailing Address: 1320 Amble Rd. City: Arden Hills State: MN Zip: 55112 County: Ramsey Name of Chief Executive Officer (CEO): Peter Belsito CEO Daytime Phone:651-242-3889 CEO Email: peter.g.belsito@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans �✓ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. ❑✓ IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Welsch's Big Ten Supper Club Physical Address (do not use P.O. box): 4703 N Hwy 10 Arden Hills MN 55112 Check one: ED City: Arden Hills zip: 55112 County: Ramsey Township: zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): April 27 2024 Check each type of gambling activity that your organization will conduct: Bingo = Paddlewheels a Pull -Tabs = Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 4/22 Page 2 of 4 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting ❑ The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. ❑The application is denied. ❑The application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returnedWeard n 30 days of the event date. _with °" T Date: Chief Executive Officer's Signature: l/ ' J (Signature must be CEO's signature; designee may not sign) Print Name: Peter Belsito REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer Attachment B TAX STATUS The Internal Revenue Service has ruled that Ducks Unlimited, Inc. Qualifies under the provisions of Section 501(c)(3) of the Internal Revenue Code (IRC) as an organization created for charitable, educational, scientific and conservation purposes and, therefore, is exempt from federal income taxes on related income. As a qualified tax-exempt organization, Ducks Unlimited must operate in conformity with the IRC to maintain ins tax exempt status. Donations to Ducks Unlimited are deductible by the donor as charitable contributions for federal income tax purposes. Ducks Unlimited's federal taxpayer identification number is 13-5643799. Each of its state and local committees is chartered as a chapter of Ducks Unlimited with its own federal taxpayer identification number, and is exempt from federal income tax under the provisions of Section 501(c)(3) through Ducks Unlimited's group exemption (group exemption number 9352). The following letters, identified by the date of the letter, support Ducks Unlimited's tax exempt status: November 29, 1938—original determination letter from IRS entitling DU to exemption under provisions of §101(6) of the Revenue Act of 1936. Contributions to DU by individual donors are deductible by such individuals in arriving at their taxable net income as provided by §23(o). July 1, 1965—modification to original determination letter to include deductibility related to gifts and bequests under the provisions of §§2055, 2106, and 2522 of the Code. October 20, 1970—confirmation that DU is not classified as a private foundation as defined in §509(a) of the Internal Revenue Code. February 24, 1978—confirmation that tax exemption under § 101(6) of the Revenue Act of 1936 corresponds to exemption under §501(c)(3) of the Internal Revenue Code of 1954. January 23, 1985 (not reproduced here) —recognition of tax exempt status of organizations DU operates, supervises, or controls ... as exempt from federal income tax under §501(c)(3) of the Code . . . classification of those organizations as organizations that are not private foundation because they are of the type described in §§509(a)(1) and 170(b)(1)(A)(vi) of the Code. . . donors may deduct contributions to DU and its subordinates as provided in § 170 of the Code. Bequests, legacies, devises, transfers, or gifts to DU or for DU's use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of §2055, 2106, and 2522 of the Code. PUBLIC HEARING — I OA ,-AI�EN�HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-024 — Public Hearing Required Applicant: Mister Car Wash Property Location: 3751 Lexington Avenue N. Request: Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit and Site Plan Review Council Should Consider the Following: Hold the required public hearing for Planning Case 23-023, an application from Mister Car Wash ("The Applicant") for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review for a proposed project on 3751 Lexington Avenue N. ("Subject Property"). The proposal includes the demolition of the existing vacant restaurant building to allow for the site to be redeveloped with a one-story car wash tunnel building, approximately 5,400 square foot conveyor -type, stand-alone exterior drive -through car wash. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 A. Background 1. Overview of Request The Applicant has submitted a land use application for Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 1.26-acre site located at 3751 Lexington Avenue N. The Subject Property is currently owned by CS&M Arden Hills LLC and the building was previously occupied by Arby's restaurant which closed in early 2023. The Applicant is proposing to demolish the existing building and redevelop the site. The Applicant is proposing a one-story car wash tunnel building of approximately 5,400 square feet as well as 17 dual purpose parking/vacuum stalls for customer self -serve use. There are also five (5) additional dedicated parking spaces for employees and maintenance personnel. The car wash proposal also includes two detached accessory structures for an attendant shelter and canopy as part of the drive -through design. Page 1 of 16 The Applicant presented a concept plan at the City Council Work session on November 27, 2023. Councilmembers provided feedback on the building appearance and materials, parking, landscaping, lighting, fencing and other items. This commercial corridor includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. 2. History of the Subject Property The Subject Property was originally developed in 1989 as a fast-food restaurant and drive-in business consisting of a 3,800 square foot principal building. A Conditional Use Permit was required for this use. The property changed ownership in 2008 and was reconstructed into a different fast-food restaurant and drive-in business use through a Conditional Use Permit Amendment. Approvals 1. Planned Unit Development A Planned Unit Development (PUD) is required for all new development and redevelopment in the B-3 District. In addition, a PUD would allow for performance standard flexibility. This proposal involves both the initial Master Plan PUD and the Final PUD. Site Plan 2. Conditional Use Permit In the B-3 District, a Conditional Use Permit (CUP) is required for Vehicle — Motorized Service which includes a car wash as a principal use since it provides "maintenance services" for motorized vehicles. Typical factors to consider in evaluation of the CUP request may be hours of operation, noise from equipment (washers, blowers and vacuums), lights from vehicles, and queuing of vehicles waiting for service. The car wash building is a drive -through style. Additionally, customers will be able to utilize one of the 17 self-service vacuums located on the north side of the property, approximately 25 feet from the northern property line. The vacuum stations to the top of the arch are approximately 13 ft. tall. Page 2 of 16 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. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (B-3 Service Business District) — Section 1320 — Meets Requirements Under the 2040 Comprehensive Plan, this site is guided as Commercial (COM) on the land use plan and is zoned B-3. Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses North COM - Commercial B-3 Service Business District Service Station/Retail/Mixed- Use, Multi -tenant Buildings Vacant Pace Industries Site and South COM - Commercial B-3 Service Business District Retail/Grocery Store Retail and Other Commercial West CMU - Community Mixed Use B-4 Retail Center District Uses The Future Land Use designation is for a broad range of retail, shopping, and services to meet the needs of the community and region. Compatible uses such as office buildings are also intended for this area. Retail sales and service are a permitted use within this district. The proposed site plan is attached as Attachment D. The table below provides the performance standards for the B-3 District and the preliminary analysis for the proposed development of the principal structure: 1K Ordinance Requirements B-3 District Standards Proposed Development Maximum Floor Area Ratio FAR 0.8 Approx. 0.10 Maximum Structure Coverage 40% 10% Minimum Landscape Lot Area 25% 34.08% Minimum Front Yard Setback 50 feet 80.8 feet Minimum Rear Yard Setback 20 feet 224.8 feet Minimum Side Yard Setback 20 feet (min)/ 40 feet total 20 feet and 52.7 feet/72.7 feet (total) Minimum Lot Area 13,000 square feet 1.26 acres/+/- 54,450 square feet Maximum Building Height 35 feet Car wash Building — 35 feet 2. Design Standards - Section 1325.05 and 1325.055 Page 3 of 46 A. Building Positioning — Flexibility Requested Section 1325.05 Subd. 8, E of the Arden Hills City Code states "at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line." The Applicant is proposing a single one-story car wash tunnel building of approximately 5,400 square feet for a drive -through car wash. The front lot line is at Lexington Avenue and the front setback line for this property would be 50 feet. The Applicant has shown that the building would be constructed with an 80.8-foot setback. At this setback, the Applicant has noted in their narrative that the proposed building would be 50 feet closer to the right of way than the existing restaurant building. The Applicant has requested flexibility due to the narrowness of the site and the layout of the building. The Applicant states that with the building at the setback line, the exit drive from the tunnel would terminate across from an existing driveway median, creating an unsafe and impossible condition for customers to turn left and re-enter the site to utilize the vacuums. To achieve the 50 foot building setback, the exit driveway would also encroach into the twenty (20) foot parking and landscape setback. Visual of building at 50 foot building setback (code requirement) -- ---- -----'--'cisting Center Island I -------------- 7 -- - -- - - - - -- �� /- l I ' I i0%0" Suildinc I --— — — — — — — Setback I iii ,rt �4 Page 4 of 16 B. Exterior Materials — Meets Requirements At least seventy-five (75) percent of the exterior building materials should be made of brick masonry, tile masonry, natural stone or its synthetic equivalent, decorative concrete plank, transparent glass or any combination thereof. Trim and other accent or decorative features may be metal, wood, split faced block, EIFS, or stucco. Metals shall have a matte finish and have visible corner moldings and trim when used on exterior walls. Undesirable materials include simulated brick, vinyl or aluminum siding, sheet or corrugated metal siding, plain concrete blocks or panels, brightly colored metal roofing or canopies, pre -cast tilt -up walls, and mirrored or reflective glass. Building colors shall be muted. Recommended colors include browns, grays, tans, beiges, and dark or muted green, blues, and reds. Bright or brilliant colors and sharply contrasting colors may be used for only accent purposes occupying a maximum of five percent (5%) of building fagades. The City Council should evaluate the architectural style and building character based on the quality of its design and on its relationship to its surroundings. Site characteristics to be evaluated for this purpose include, but are not limited to, building and landscaping materials, colors, textures, shapes, massing, building components, height, roof -line, and setback. A full plan set of building elevations is included as Attachment E. Planning Staff has provided the review below on building materials as shared by the Applicant in order for the City Council to attain a better understanding of the full scope of their project design. Building Materials — Meets Requirements The Applicant has updated the proposed building materials since the January 3, 2024 Planning Commission meeting. As stated in the updated narrative, the proposed building elevations consist of face brick, natural stone, aluminum siding, transparent glass, metal panels and trim. The specific change was in the use of a face brick rather than a brick veneer. The Applicant has confirmed that the face brick will be a full brick applied to the concrete masonry block that is utilized in the building construction. Staff will point out that the architectural plans identify the building material for natural stone as stone veneer. The Applicant confirmed that they will be using a natural stone and that has not changed since the Planning Commission review. The Mister Car Wash representative has stated that in order to adhere the natural stone to the concrete block, there needs to be a flat surface. Therefore, they elected to keep the reference to stone veneer on the architectural plans, so it is clearer in the manner for which the natural stone is applied. Planning Staff also confirmed that both the face brick and natural stone will be individually set with matching mortar. Based on the brick material revision, the Applicant will meet the 75% threshold with desired materials on all four elevations between calculating the use of the face brick, natural stone, and transparent glass. For the Council's review, Planning Staff requested the Applicant update the architectural plans to split the building material percentages for the face brick and natural stone in order to identify the total square footage of each building material (Attachment E). The table below is the total percentage of preferred materials (i.e. face brick, natural stone, and transparent glass). The metal panels have been calculated separately as "other accent or decorative" materials. The Applicant provided a materials board as part of their submission and will have a sample of the proposed face brick and natural stone material available for the Council to review at the meeting. The Applicant is proposing the use of transparent glass on all four elevations. The buildings have a variation in rooflines as viewed from the side elevations (i.e. east and west). The car wash Page 5 of 16 building includes a detached canopy and tower in the building design. The tower is positioned to be prominent on the east elevation facing Lexington Avenue and then the detached canopy and attendant shelter are positioned off of the rear of the principal building on the west side of the property. The following table shows the breakdown of materials for the principal structure: Car Wash Building Required Preferred Materials Proposed Preferred Materials Other Materials Required Transparency Proposed Transparency *% offirst 12' of elevation North Facade 75% 88% 12% N/A 9% clear East Facade 75% 88% 12% 50% 5 1 % clear South Facade 75% 87% 13% N/A 17% clear West Facade 75% 88% 12% N/A 50% clear The Applicant is proposing to construct two accessory structures as part of the drive -through car wash. An 18 foot by 42.5 foot canopy is proposed to provide cover over the payment stations and a 5.5 foot by 7 foot attendant shelter is proposed northeasterly of the payment stations. The proposed structures will be constructed of the same materials as the principal building structure and will comply with structure setback requirement and other district regulations. The proposed canopy and the attendant shelter will meet district height requirements at 16 feet and 10.4 feet tall, respectively. Plans and renderings are shown in Attachments E and H. Building Transparency — Meets Requirements The transparency requirements for businesses within the B-3 District have been considered in the development and the Applicant's updated proposal will use clear windows in the building design. Section 1325.05, Subd. 8, F. states that fifty percent (50%) of all first level building facades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. If the building is a one-story design and the first floor elevation exceeds 12 feet, then only the first 12 feet shall be included in calculating the fagade area. The Applicant would meet this requirement on the east side facing Lexington Avenue as shown in the table above. It should be noted that the proposed transparency percentages reflected in the above table mirror the figures provided on the architectural plans. Rendering of South and North Elevations —Car wash Building Page 6of16 Rendering of East and West Elevations —Car wash Building ---"w C. Lighting — Meets Requirements The Zoning Code requires exterior lighting to be consistent in type, design, scale, and color to create unity in the Districts. Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at their intended purposes. Any light or combination of lights shall not cast light that exceeds a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. The proposed plan includes traditional poly mounted area lights at 23 feet to the top of the fixture, canopy lighting under the canopy, and wall sconces on the building. The proposed lighting is consistent with the use and the surrounding area. The vacuum arms will provide illumination with linear LED lights as shown in Attachment I. The Applicant has submitted a photometric plan that identifies the types of light fixtures and quantities. The review of the two graphic signs occurs further on in the staff report. Pertinent to this section, Staff would note that any future graphic sign lighting, whether internally or externally illuminated, would be subject to city code requirements. As part of the permit reviews, Staff would request an updated photometric plan to confirm the illumination of any graphic sign lighting. The Subject Property is not adjacent to a residential property. The photometric plan shows that proposed lighting will not exceed a meter reading of one foot candle on the travel lanes on Lexington Avenue. As a condition of approval, all lighting shall be downward directed shoebox style with flush lenses. Details about the proposed lighting are found in Attachment F. D. Screening and Fencing — Meets Requirements Screens and fencing help minimize adverse impacts of public nuisances, such as noise. There are trash enclosure/vacuum enclosure buildings proposed for the Subject Property. One is located toward the northwest corner of the property and will enclose the dumpster and mechanical equipment for the self -serve vacuum operations. This enclosure will feature a metal trash enclosure gate and a metal door for accessing the mechanical equipment. The other enclosure is Page 7 of 16 located near the back of car wash tunnel entrance and will enclose vacuum mechanical equipment only. The fully enclosed buildings will be constructed of materials consistent with the building design (i.e. brick and limestone) on all four elevations and meet setback requirements. Structure locations are shown in Attachment D and plans are shown in Attachment E. The Applicant provided roof plans and associated building sections to illustrate all roof -mounted mechanical equipment is screened by parapet walls ranging from 3 feet to 10 feet. It is also noted in the narrative that no exterior at grade mechanical equipment is proposed besides the mechanical equipment for the vacuums which will be fully enclosed. Under Section 1325.04, Subd, 2 applicable to drive-thru facilities, the City requires a suitable screening fence shall be erected along all property lines except those which are also public right- of-way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing. There is an existing wood fence along the south and west property lines. The Applicant as part of this application is proposing to replace the fencing along these property lines with a new treated wood fence. The new fence would not be located directly on the property line due to existing easements. The proposed fence on the south property line extends easterly to the 20-foot parking setback line as measured from the front property line. The Applicant is not proposing a fence along the north property line due to the shared cross access easement with the adjacent property. Fences in the B-3 District shall blend into the landscape or be compatible with other materials used on site. This district encourages use of finished and treated wood, brick, stone, or wrought iron. The proposed treated wood fence is of a material suggested in the code though the Applicant stated in their updated narrative that a composite fence would be their preference. The City Council should comment as part of the review if there is preferred fencing material. E. Landscaping — Meets Requirements Section 1320.06 — District Requirements Chart of the City Code requires a minimum landscape lot area of 25% or 13,612.5 square feet for the Subject Property in the B-3 District. The Applicant is proposing a landscape lot area of approximately 35.2% percent or 19,166 square feet. Additionally, at least 10% or 1,916.6 square feet of the total landscaped area (i.e. 19,166 square feet) shall be covered with perennials and/or shrubbery. The Applicant is proposing perennial and/or shrubbery of approximately 12.9% or 2,474 square feet. Planting islands shall occupy 10% or 568 square feet of the parking area (i.e. 5,683 square feet). The plans show the provided planting islands surpass the requirement with 1,178 square feet. The site contains approximately 311 caliper inches of significant trees. Section 1325.055 Subd. 5 allows for the removal of fewer than ten (10) percent of the caliper inches of significant trees on the property without requiring mitigation. Ten percent of 311 is 31.1 caliper inches. The Applicant proposes removing 244 caliper inches of trees, meaning the Applicant is responsible for mitigation of 212.9 caliper inches removed above 10 percent. Per Section 1325.055 Subd 6, the number of caliper inches of trees required for replanting is determined at a rate of 1:2 or one inch replaced for every two inches lost. Existing 10% of Existing Proposed Inches in excess of Required Removal 10% Replacement 311 caliper 3 1. 1 caliper 244 caliper 212.9 caliper 106.5 caliper inches inches inches inches inches Page 8 of 16 The Applicant intends to replace the 107 caliper inches required based on the total inches removed and the rate of replacement. Since the Planning Commission review, the Applicant has updated the proposed landscaping plans to plant 108.5 caliper inches on site. The City Code requires a minimum of one (1) tree be provided along the right-of-way of every 40 feet of public street frontage. The proposed development would be required to plant three (3) trees along the Lexington Avenue right-of-way which the Applicant has satisfied in their landscaping plan. Also under Section 1325.04, Subd, 2, the City has depth requirements as measured from the property line for landscaping on lots used for drive-thru which have been met. A landscape plan is included as Attachment D. Per the Applicant's updated narrative, the plan includes revised calculations for planting islands and tree caliper inches to be planted on site. F. Snow Storage Adequate area should be designed for snow storage such that clear visibility shall be afforded from the property to any public street. The Applicant has identified in their narrative and on a separate plan that snow storage (Attachment K) would be located on the south side of the property and provides for 4,000 square feet of snow storage. If the snow accumulation exceeds capacity available for on -site storage, the Applicant intends to have snow hauled off -site with a snow removal vendor. G. Parking Setbacks — Meets Requirements The City Code requires off-street parking spaces to be located a minimum of 20 feet from the right-of-way of any public street and 5 feet from a side or rear property line. The Applicant has a 20 foot setback from the ROW along Lexington Avenue and a 12.5 foot setback from the rear property line. Similar to the current off-street parking configuration, on the north side of the property there is no buffer or green space between the Subject Property and the adjacent parcel. This is due to a Reciprocal Easement Agreement that allows for cross access and parking between the two properties. The Applicant's site plan has the four (4) employee parking stalls abutting the north property line which is part of the agreement for cross access parking. The remaining 17 customer parking/vacuum stalls will be 25 feet from the north property line. H. Number of Parking Stalls — Planning Commission Recommendation Per City Code 1325.06, there are general categories that determine the number of parking spaces that would need to be provided, but a car wash as a principal use is not specifically identified. Therefore, the following provision would apply based on the proposed use: • Uses Not Specifically Noted — As Determined by the City Council after recommendation by Planning Commission (below is a similar land use category for reference) o Service Station — 3 for each enclosed bay and 1 for each employee The proposed plan would consist of a one-story car wash tunnel building of approximately 5,400 square foot exterior drive -through car wash. The Applicant is proposing 17 vacuum parking stalls in addition to four (4) employee parking stalls and one (1) maintenance vehicle parking spot. From the concept review comments, the Applicant has reduced one (1) of the vacuum stalls and added two (2) parking stalls to their site plan. The Applicant states that there is a Reciprocal Easement Agreement with the property at 3737 Lexington Avenue North that allows the Subject Property to access and park up to 19 vehicles. Their narrative states that customers utilize the vacuum stalls to park and vacuum their vehicles before or after a wash. With no retail sales or an interior wash option, customers have little need to enter the building and the turnover of the vacuum stalls is expected to be frequent. At the January 3, 2024 meeting, the Planning Commission added Condition 21 to the recommended conditions for approval, stating "the Applicant shall provide a diagram of the 19 parking spaces provided for the site through the Page 9 of 16 Reciprocal Easement Agreement." The Applicant has supplied this information, and it is included as Attachment M. I. Pedestrian and Bicycle Circulation — Meets Requirements Section 1325.05 Subd. 8, P states new building construction shall include construction of a minimum of six (6) foot concrete sidewalk adjacent to or in all right-of-way. The Applicant has indicated they will comply with this requirement. There is an existing sidewalk along Lexington Avenue from the Lexington Avenue Public Road Improvement Project with which the Applicant intends to connect. The Applicant is proposing a bicycle rack/bicycle parking as part of this development with space for four (4) bikes. City Code Section 1325.05 Subd, 8, Q does require one (1) space for every 20 parking spaces. Commercial developments are required to have a minimum of two (2) bicycle parking spaces. Plans for the sidewalk and the bicycle rack are shown in Attachment D. J. Freestanding Signs — Flexibility Requested The Subject Property is located in Sign District 5. Properties in Sign District 5 are allowed one (1) freestanding sign measuring up to 100 square feet in copy area and not exceeding 16 feet in height. Freestanding signs shall be located at least five (5) feet from any property line. Sign copy area is defined as the area in square feet of the smallest rectangle, circle, or triangle that contains the sign copy. Freestanding signs in Sign Districts 4 and 5 shall be monument type ground signs with the copy resting on and supported by a solid base of brick or rock -faced block in a color similar to or complementary to the main structure on the site. The material of the base must extend at least one-half way up the sides of the sign face. The Applicant is proposing a monument sign along Lexington Avenue as shown on the site plan in compliance with setbacks requirements. The proposed internally illuminated freestanding sign is 10.5 feet in height and has a total sign copy area of approximately 77.5 square feet. Also, the total area of a freestanding sign shall not exceed 1.5 times the permitted sign copy area of said sign which would be 116.25 square feet for this application. The proposed freestanding sign has a total area of 130.13 square feet. Sign materials are noted to be consistent with building materials and base materials will be brick with brick extending up the side of the sign face. The sign plans are shown in Attachment G. Master Sipn Plan Site Plan . zo-------------- - - - - ----------------T —peas-------------- Page 10 of 16 Approx. Side View Proposed Monument Sign The Applicant's sign plans include three freestanding auxiliary signs. The city code defines an auxiliary sign as "a sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs." The sign ordinance specifies that an auxiliary sign shall not be larger than eight (8) square feet and that more than two (2) signs per site requires Planning Commission review and City Council approval. The proposed signs are approximately 3.5 square feet each with internal illumination. Auxiliary signs under the sign code may not be illuminated. I I 2'i I I I Y I I r- s• rf r Y-r 2.- S• 2• E 3" 3.5 sgft 12 3/4' 21/4- 3'- D° ♦ 12" 2'- S., �2 °1� Freestanding auxiliary signage The Applicant states that these freestanding auxiliary directional signs are provided to serve a regulatory purpose and facilitate safe navigation throughout the site. As the site shares a driveway with the property to the north and vehicles are circulating the site, the Applicant states that it is important that the signage is illuminated and visible to allow customers safely navigate the site. Page 11 of 16 Other auxiliary signage the Applicant is asking the City Council to consider is located on the canopy above the point of sale islands. These signs are all noted to be nonilluminated and between 9.75 and 12 square feet, two of the signs reading "Unlimited Member" and one reading "Enter". The Applicant states that these signs are interior facing and are not visible from the public right of way. The canopy signs are provided to efficiently move vehicles through the pay stations and help keep vehicles flowing and prevent potential backups. K. Wall Signs — Flexibility Requested Properties in Sign District 5 are allowed wall signs up to 80 square feet. The Applicant is proposing two (2) internally illuminated 57.82 square foot wall signs to be located on the tower, one on each of the north and east elevations. The sign plan also shows an "exit" wall sign on the exit of the car wash tunnel with a sign copy area of 8.4 square feet that would be illuminated. The total proposed wall signage is 124.04 square feet. The signage plans are shown in Attachment G. The sign plan includes two graphic signs, one proposed on each of the east and west elevations. The city code defines a graphic sign as "a sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy." The sign ordinance permits graphic signs in Sign District 5 at a maximum size of up to 25% of wall area and with external illumination. The signage plan shows two 20 square foot graphic signs that are internally illuminated. The Applicant states in the updated narrative that the graphic signs will be externally illuminated as permitted by code, though if the City Council prefers, the signs can be internally illuminated. The Applicant continues further that internal illumination will reduce the overall light wash on the building and confine light to the graphic sign itself. The current version of the signage plan shows the graphic signs as internally illuminated. When applying for sign permits, the Applicant shall provide updated signage plans that match the approvals of this application. C 5'-0'x4'-0"Sparkle-20sgft NEW HOLLOW SPARKLE SET wmxrs.i •Spadles,LehMiidl;ar 0,11 WtM1arellau9iny 1 rereini�g SparNesareYdlur •Dlad 1'Tri.(ap-84P Wns •LED Illuninadm-Rlndpal Qukk Mod 7100KWhit, LED, andP x kpph,e VINYL 3S30ItS L nnnin IUI\I\CL En 1111 ELK VM IIVI\'IV EJI eawra Proposed Graphic Sign Design L. Drive-Thru Facilities — Requirements to be Reviewed Section 1325.04 of the Zoning Code lists additional requirements for the review of drive -up facilities and automobile service stations. The Subject Property has most recently been used as a drive -up facility. The Applicant is proposing a drive-thru component as part of the car wash design. The City Council as part of the land use application review shall require the following conditions to be met in determining site suitability for a drive -up windows and automobile service stations: A. The operation consists of one or more drive -up windows and is an integral part of a building containing one or more other allowed uses, or the operation is part of an architecturally unified complex containing two or more businesses using drive -up windows. Page 12 of 16 B. Shared access drives and shared parking are utilized by all such businesses using drive -up windows in said building or complex. C. Only one building or architecturally unified complex containing two or more businesses using drive -up windows will be allowed in addition to one freestanding business using a drive -up window. D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function of the complex or building. E. An architecturally unified complex may consist of one or more buildings on one or more parcels if the intent of providing a unified appearance and function is not compromised. F. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non -motorized movements, specifically pedestrian and bicyclists. Customers enter the Subject Property car wash on the east side of the property and are routed to queue on the west side of the property into three (3) point of sale islands before entering the car wash tunnel. Customers leaving the car wash tunnel are exiting on the east side and oriented to the north with the option to use one of the self-service vacuum stations or to exit the Subject Property. City code states "electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within 50 feet of any adjacent lot regardless of use or zoning district." The Applicant as part of this application review is not seeking approval of any electronic devices as part of their drive-thru point of sale island design. Customers without unlimited memberships will be served by a customer service representative when they reach the front of the queue. Renderings were provided in their application of payment stations, gate arms, and unlimited membership scanners included as Attachment H. 3. Traffic Study and Site Circulation — Meets Requirements The site currently has one access point to the Subject Property along Lexington Avenue and no changes are proposed to the current configuration. The access point provides for a divided entry with a center island, allowing for one entry lane for entering from the north on Lexington Avenue and one exit lane for exiting to the south on Lexington Avenue. The access point is shared with 3757 Lexington Avenue through an easement agreement. Under Section 1325.04, Subd. 2 for additional requirements for Drive-Thru Facilities, the city code requires access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center island may meet the requirements of this provision. Also, there will be three (3) queueing lanes that can each accommodate up to four (4) cars behind the payment stations. An additional five (5) vehicles could queue in front of the payment stations for a total stacking capacity of around 17 vehicles. A traffic study has been prepared (see Attachment J for summary section of report). The traffic report compares the current car wash proposal to a comparable Mister Car Wash location in Columbia Heights, MN on Thursday, April 21, 2022. The memo dated December 12, 2023 prepared by Kimley Horn notes that the redevelopment of the site to Mister Car Wash is expected to generate approximately 1,560 daily trips, 99 AM peak hour trips and 190 PM peak hour trips. Compared to the existing land use of Fast Food Restaurant, the proposed business is anticipated to produce a similar number of daily trips. Lastly, the Applicant was asked to demonstrate how larger trucks would maneuver internally and that pedestrian routes should be identified on the Subject Property. The Applicant did provide as part of their submission a plan illustrating vehicle and pedestrian movements. This plan sheet is included in the civil plans within Attachment D. The Public Works Director/City Engineer and Fire Marshal have reviewed these plans. Page 13 of 16 4. 1355.04 Procedural Requirements for Specific Applications A public hearing for a CUP and PUD request is required before the request can be brought before the City Council. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. Upon completion of the public hearing and its study and consideration of the application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the City Council. The Planning Commission held a public hearing for this request on January 3, 2024. Plan Evaluation Summary The table below provides the performance standards for the B-3 District and the preliminary analysis for the proposed development: Ordinance Requirements B-3 District Standards Proposed Development Maximum Floor Area Ratio FAR 0.8 0.10 Maximum Building Height 35 feet Tower — 35 feet Building — 25.75 feet Maximum Structure Coverage 40% 10% Minimum Landscape Lot Area 25% 34.08% Minimum Front Yard Setback 50 feet Lexin ton Avenue — 80.8 feet Minimum Rear Yard Setback 20 feet North Property Line — 52.7 feet West Property Line — 224.8 feet Minimum Side Yard Setback 20 feet (min)/ feet and 52.7 feet/72.7 feet (total) 40 feet total)20 Building Positioning At Front Setback = 50 feet Building = 80.8 feet Minimum Parking Requirements Car wash - 5 parking spaces Recommendation from PC 17 vacuum stalls Off -Street Parking Setbacks 20 feet from ROW 63.8 feet Building Fa ade Transparency 50% transparency at front 51 % transparency at front Building Materials 75% brick, tile, natural 88% preferred materials stone, decorative concrete, transparent glass or any combination thereof Drive-Thru Screening/Fencing Fencing/Planting west and Treated wood fencing proposed Requirement south property lines Landscaping Perennial/Shrubs/Planting Meets requirement Islands Landscaping 106.5 cali er inches 108.5 caliper inches planted on -site Landscaping Boulevard Trees - 3 Boulevard Trees — 3 and Island Trees - 2 and Island Trees — 2 Pedestrian and Bicycle Circulation 6 foot sidewalk & Bike Lexington Avenue — Rack 6 foot sidewalk Bike Rack — 1 Drive-Thru Access Requirement Access to public streets 1 divided entry access with a center from 2 points or divided island entry with a center island Freestanding Sign — Total Sign Area 116.25 square feet 130.13 square feet Auxiliary Signs Nonilluminated Illuminated Max. 8 s uare feet Up to 12 square feet Wall Signage Sign District 5 124.04 square feet Max. 80 s uare feet Graphic Sign Sign District 5 Externally illuminated (Max. 25% of wall, externall illuminated Page 14 of 16 Planning Commission Review The Planning Commission reviewed this application at the January 3, 2024 meeting. A recommended condition of approval was added by the Planning Commission to include "The Applicant shall provide a diagram of the off -site parking spaces provided for by the reciprocal easement agreement." The Applicant provided this information after the meeting and it has been included as Attachment M. The Commission voted 6-0 to recommend approval with 21 conditions of Planning Case 23-023. Since the January Planning Commission meeting, the Applicant has made updates to the submitted application, removing requests for flexibility for building materials, building transparency, lighting, fencing, landscaping, and graphic sign illumination. Additionally, the requested flexibility for total freestanding sign area has been decreased following the review of Planning Commission. Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any construction taking place. Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has provided the Applicant with a comment letter (Attachment L) and all comments shall be adopted herein by reference as a condition of approval. Fire Marshal The Fire Marshal is currently reviewing the plans. No additional conditions have been included at this time. Ramsey County Ramsey County has reviewed the plans and offers the following comments: • Programming: Ensure references to Lexington Avenue include the completed construction project from 2023. • Maintenance: New driveway appears to have been placed with the road's construction. Existing new driveway to be utilized for any new entrance improvements to the proposed development. No excavation cuts into the new concrete pavement be considered for the proposed new HDPE storm sewer line. Applicant to submit a proposal to use directional drilling of solid wall HDPE, (SDR 26 or less preferably 17). Manhole to be inside core drilled, interior pipe seal used and outside annual space of drilling mud replaced with stabile material. • Permitting: A ROW Permit will be needed prior to beginning construction to extend curb tie-in into the county Right -of -Way. Stormwater overflow should be connected into the back of the catch basin behind the curb line as it will handle the flow per the stormwater report. Developer should make the changes to the plan as Ramsey County would not approve an excavation permit in this area as it would fall under 5 year moratorium. All Ramsey County comments shall be adopted herein by reference as a condition of approval. Page 15 of 16 Public Comments Notice was published in the Pioneer Press on February 1, 2024. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. The City received one inquiry on whether access would be permitted to the west. Staff was able to address this question and confirmed the proposal includes one access point to the east off of Lexington Avenue. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on December 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by February 11, 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. On December 18, 2023, the City provided the Applicant with written notification extending the review period to April 11, 2024 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the January meeting cycle. The Applicant confirmed receipt of this notification on December 18, 2023. Attachments A. Land Use Application B. Location Map C. Applicant Narrative and Presentation D. Civil and Landscape Plans E. Architectural Plans F. Lighting Plan G. Signage Plan H. Canopy Renderings I. Vacuum Station Plans and Photos J. Traffic Study K. Snow Storage Plan L. Engineering Review Memo M. Additional Parking Diagram N. PC Staff Report O. Draft PC Minutes P. Presentation Page 16 of 16 Attachment A -A�N HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 23- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2023 LAND USE APPLICATION Applicant Information Applicant: CWP West, LLC (Mister Car Wash) Address: 222 E. 5th St, Tucson, AZ 85705 Telephone No.: 763-360-8963 Other: Fax No.: Email Address: ccampbell@mistercarwash.com Property Information Property Owner: CS&M Arden Hills, LLC Owner Address: 900 Cummings Ctr #226U, Beverly, MA 01915-6183 Owner Telephone No. 978-766-3140 Other: Address of Property Involved: 3751 Lexington Avenue N, Arden Hills, MN 55128-2937 Legal Description: Section 27 Town 30 Range 23 The S 125 FT on N 1047.1 FT ... to Hwy) of Sec 27 TN 30 RN 23 Property ID No.: 273023410021 Type of Use: 435 Drive -In Rest/Food Service Facility Zone: B3 - Service Business District Property Acreage: 1.25 Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ® Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ 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) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ® Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + X❑ Final Planned Unit Development or Final Special Escrow: $1,000) Development Plan (Fee: $350 + Escrow: $2,000) ❑ Appeal of Administrative Decision (Fee: $150 + ❑ Planned Unit Development Amendment or Special Escrow: $1,000) Develo ment Plan Amendment (Fee: $400 + Escrow: ❑ Land Use Requests — Not Already Specified (Fee: $1,500� $150 + Escrow: $1,000 ® Site Plan Review (Fee: $450 + Escrow: $1,500) Page 1 of 3 Brief Description of Request (please also include a typed, detailed letter explaining the project): ilicant wishes to construct an express tunnel car wash a *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. Filinq & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.citvofardenhills.org/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. Pavment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meetina Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2023 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 p.m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (1st day of the preceding month) January 4 January 23 December 1 2022 February 8 February 27 January 2 March 8 March 27 February 1 April 5 April 24 March 1 May 3 May 22 April June 7 June 26 May 1 July 5 July 24 June 1 August 9 August 28 July 3 September 6 September 25 August 1 October 4 October 23 September 1 November 8 November 27 October 2 December 6 January 8 (2024) November 1 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. Property Owner Signature (Required) Date 12/01 /2023 Applican'CSignature (Ydifferent than the property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www.citvofardenhills.orp/landuseapplications Page 3 of 3 Location Map Attachment B j1212. i250 7 T47 - �Ts6. 1300 - 3750 1255 i 3787 • 3T1� 1250 7,2^ t ,f - f = 1 - - 1221 • -r 120 -_"1201 1 - 591 =1240 � 1150' i� 3TO3537 12/27/2023, 2:04:47 PM 0 Tax Parcels _Query result - Personal Property Tax Parcels �••-•� Cities R❑ County Offices 1 r7 1:3,600 0 0.04 0.08 0 0.05 0.1 i. AL _ 0.16 mi �J 0.2 km Ramsey County Ramsey County MN Attachment C Mister TM To: City of Arden Hills Planning & Zoning Department Attn: Elena Fransen, Senior Planner, Community Development From: Christopher Campbell, Senior Project Manager Mister Car Wash Date: February 5, 2024 Subj: Mister Car Wash —Arden Hills, MN 3751 Lexington Avenue North Project Narrative (3rd Amendment) Applicant Interest Mister Car Wash ("Mister") is pleased to present an addendum to our project narrative of December 6, 2023. Subsequent to the January 3, 2024 Planning Commission hearing, the Mister project team reviewed the feedback from the Commissioners and made modifications to the project. Following are updates to the flexibilities sought at the Planning Commission hearing. Building Positioning Mister is requesting flexibility with the building positioning by locating the building with an approximate 80' setback as shown in Image A. Section 1325.05 Subd. 8.E.1 of the Arden Hills City Code requires at least fifty percent (50%) of the largest building on each site to be constructed at the front setback line. Due to the narrowness of the site (-125'), the building must be laid out east/west, with the tunnel exit fronting Lexington Avenue. If the building were brought to the setback line to comply with code, as shown in Image B, the tunnel exit drive would terminate across from an existing driveway center island, creating an unsafe and almost impossible condition for customers to turn left and re- enter the site to utilize the vacuums and/or patronize adjacent businesses. Additionally, the exit driveway would encroach into the twenty (20') foot landscape and parking setback. Mister has sited the building approximately 80' behind the right of way, which is as close to the building setback line as possible, while still allowing for safe maneuvering at the tunnel exit and throughout the site. This positioning brings the Mister building 50' feet closer to the right of way than the existing restaurant building. I Oil ---------------------- ® 10--j " ' I ' •� - wlt�-� � S Q I 130'-37'W BLDG. I 1 ------ --- I 3S'_O" :50;'-0" Bwldir ack Li40 IMAGE A - AS DESIGNED: As designed, members are able to turn left back into the site and utilize the vacuums or patronize the businesses to the north. < I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I I ' >Zol -4 t � I 2 130'-37'W ,� BLDG. _ _ ' , 20'-0" Landscape & Parking Setback Line _-- -------- ---- 35'-011 50'-0" Building --------------------- --- — ----- f Setback Lin IMAGE B - CODE COMPLIANT: If the building were brought to the 50' setback line, customers would be unable to turn left into the site, as well as the exit driveway would encroach on the Landscape & Parking setback. Building Transparency Mister is no longer seeking flexibility for building fagade transparency. Clear glass, totaling 269 sq. ft. or 51% of the fagade between 0'-12', has been provided on the East elevation, facing Lexington Avenue. Building Materials Mister is no longer seeking flexibility for building materials. Mister intends to use face brick and natural stone, along with EIFS, metal panels and translucent glass covering 88% of the exterior fagade in Class I materials. Lighting Mister is no longer seeking flexibility for rooftop yellow accent lighting. This lighting has been removed from the project. Screening / Fencing Mister is no longer seeking flexibility for the screening material and will instead install a finished, treated wood fence as allowed by code. Should the City Council prefer and/or the city code be revised at a future date to allow composite fencing, Mister would elect to change to composite. Landscaping Mister is no longer seeking flexibility for landscaping. The Landscape Architect incorrectly calculated the planting islands as well as the caliper inches of trees being replaced on the site. After revising the calculations, Mister meets all landscaping requirements. Freestandine Sien — Total Sien Area Mister requests flexibility to Section 1240.02 Subd. 2 E of the Arden Hills City Code to allow a freestanding sign that is 1.3 square feet larger than allowed by code. The freestanding sign has been redesigned to reduce the support structure elements. The total sign copy area remains approximately 77.5 square feet. Per city code, the total area of a freestanding sign shall not exceed 1.5 times the permitted sign copy area of said sign, which is 116.2 square feet for this application. The proposed freestanding sign now has a total area of 117.5 square feet. A rendering of the freestanding sign is shown below. Star Cluster is a Seperate Sign Side 1 10'-4" _ 11" u.K White Le"en--1'-6"- Down Light M1140 ter19sq.ft. 10'- s" sectioned 16•Earwath T- 6" Letters 12 sq.ft. sectioned 8'-0" GrayStdpe on Face 3.4 sq.ft. FREE Vacuums sectioned 4„ --- . Routed &Backed 1 6'yt FREEVacuums r[oeul,T�:.4cau� M i - too r 12'- 6" North Face South Face Auxiliary Signs Mister is seeking flexibility to Table 1240.02 of the Arden Hills City Code to allow up to 12 square feet of illuminated auxiliary signs. Mister is proposing 3 auxiliary signs, each 3.5 square feet of copy area. As the site has a shared driveway with businesses to the north, coupled with vehicles navigating the site, it's important that directional signage is very clear to drivers. The proposed directional signage ensures vehicles don't turn into exit only lanes and provides general direction throughout the site. Additionally, the auxiliary signage must be tall enough that it can be visible during typical winter months where snow may impact visibility. Wall Signage Mister requests flexibility to Table 1240.02 of the Arden Hills City Code to allow wall signage of approximately 124.4 square feet in total, 44.4 square feet in excess of the code allowed 80 square feet. Mister is proposing 2 "Mister" wall signs, each at 39 square feet of Live Area, 58 square feet Overall Area, as well as a regulatory "Exit" sign measuring 8.4 square feet Live Area/Overall Area for a total of 86.4 square feet of Live Area and 124.4 square feet of Overall Area. The design of the Mister Car Wash logo utilizes our signature "sparkle" in place of the letter i in the word Mister. Due to the sparkle extending above the letters and the code requirement to measure signage by drawing a rectangle around all signage copy, the overall area of the sign increases from 39 square feet of Live Area to 58 square feet of Overall Area. There is approximately 18 square feet of open space with no lettering or copy contained within the 58 square feet of Overall Area. Image 3 below shows the proposed Mister sign measuring 39 square feet of Live Area and Image 4 shows the sign measuring 58 square feet of Overall Area. Notice the red boxes which highlight the 18 square feet of open space. The Exit sign serves a regulatory purpose by identifying the exit of the tunnel. This identification is necessary for safety and to prevent customers from entering the wash tunnel from the wrong direction. Si&n Quantity Live Area by Overall Area by Sign Total Live Area Total Overall Si&n Area Mister 2 39 sq. ft. 58 sq. ft. 78 sq. ft. 116 sq. ft. Exit 1 8.4 sq. ft. 8.4 sq. ft. 8.4 sq. ft. 8.4 sq. ft. Total Square Footage: 86.4 sq. ft. 1 124.4 sq. ft. 13'- 01 /4" Star Cluster Opaque �'-10" is a Seperate Sign Center 4'- 2'" 41- S" 7 � 4'- S" 360 4 sf 27 3/4" i 2'- 8" 12.5 sf 18.62 sf 39 sectioned sq. ft. IMAGE 3 — LIVE AREA: Live Area is defined as the area circumscribed by the smallest geometric shape created with a maximum of eight straight lines. The live area for a Mister sign is 39 square feet. 13'- 0 1 /4" Star Cluster Opaque 1 "-10" is a Seperate Sign 36" 4'- S" 12.5 sf 18.62 sf 39 sectioned sq. ft. IMAGE 4 — OVERALL AREA: Overall Area is defined as the area of the smallest rectangle that contains all sign copy. The overall area for a Mister sign is 58 square feet (blue line). Using this methodology, the area in red (18 sq. ft.) is included in overall area per sign, although there is no copy and what will be seen in this location is building finish materials. Graphic Signs Mister is no longer seeking flexibility for internal illumination of the Graphic Signs. These signs will be externally illuminated as allowed by code. If City Council prefers, Mister will internally illuminate the graphic signs. Internal illumination will reduce the overall light wash on the building and confine light to the graphic sign itself. Overall Proiect Enhancements This project has been enhanced through an increase in the use of brick/stone to over 88% of the building, exceeding the minimum 75% requirement. In addition, Mister designs all of our buildings to be visually attractive including four-sided architecture with articulation, varied roof heights, a curved roof form, a mix of materials and colors, the use of canopies and clear glass on all facades. The overall site landscaping has been enhanced as well, providing landscaping on 35% of the site, an increase over the 25% code requirement. At City Council's election, Mister is open to providing a composite fence which is more durable, maintenance free, and will provide an enhanced look to the project. Conclusion Mister Car Wash believes the changes made to the proposed project have created an improved overall project that will revitalize and beautify an underused site in the heart of the renewed business district. The project is an allowed use, subject to a CUP and PUD, and supports the 2040 Comprehensive Plan by providing for a commercial use to meet the needs of the community and region. We look forward to your review and approval as we look to welcome Mister Car Wash to Arden Hills in 2025. Please contact me with any questions. Sinc rely, Christ7 opher Camp ell Senior Project Manager Mister Car Wash ccampbell@mistercarwash.com C) 763-360-8963 � 1 3 � v LM 1r•� u Ca Qj W a v y =z in a q- � z N CL O "F Z3 N 4J Q U 0 U 0 C ++ M Q o T UJ E C) L � O CL U O 1 O� N L Q U ro r N u N U O Q Q w s m W s b4 0 t L s i F— a Lm +� o m a, uo V � .O V � � o a, c � o V 3 0.1 ui 0 tio m o ., E v a, m � � � �; V) L Ucu ao s o a v v a N �o 0cu C v OL U (L6 S-0 75 Qj . 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PRIN11111011111im tw 1711P Tiipm" Ids al lit llpidlloi Ili ji" ft r,i 1. •i zn '41 -= .y � O E N QJ 0 0 O l]A O U > Ln o O O N N �o� Ln�j U a v i "I c vl IQ ig ❑ V �1 Q =$ ❑ U E ❑ C W CbbN N 7 ❑ � N kj N ❑ L � V CL � �v� 0 C r .fir W 99 Mister TM To: City of Arden Hills Planning & Zoning Department Attn: Jessica Jagoe, Community Development Director From: Christopher Campbell, Senior Project Manager Mister Car Wash Date: December 15, 2023 Subj: Mister Car Wash —Arden Hills, MN 3751 Lexington Avenue North Project Narrative (Amended) Property Owner CS&M Arden Hills, LLC 900 Cummings Center Suite 226U Beverly, MA 01915-6183 Applicant Interest Property Developer/Applicant CWP West, LLC Christopher Campbell, Senior Project Manager 3650 Annapolis Lane North Suite 190 Plymouth, MN 55447 ccampbell@mistercarwash.com Phone: 763-360-8963 Mister Car Wash ("Mister") is pleased to present the enclosed Planned Unit Development Master Plan, Planned Unit Development Final Plan, Conditional Use Permit and Site Plan Review application to redevelop the existing, closed Arby's restaurant located at 3751 Lexington Avenue North, into a new and modern, express tunnel car wash; a plan that will be in harmony with the neighboring development on Lexington Avenue, and be developed in accordance with the Comprehensive Plan and City Zoning Ordinances after requested modifications. Mister participated in a PUD Concept Plan review meeting on November 27, 2023, at the City Council Workshop to solicit feedback on the project. Councilmembers commented on the building appearance & materials, parking, landscaping, lighting, fencing and other miscellaneous items. In consultation with the project development team, we believe we have addressed all councilmembers comments and have provided additional narrative below. The proposed redevelopment site is approximately 1.26 acres and will remain under the current Service Business District (B-3) zoning. Mister proposes to construct a one-story, approximately 5,400± square foot conveyor -type, stand-alone express car wash building including parking, landscaping, utilities, stormwater management, vacuum equipment, signage, and lighting to support the proposed project. The Floor Area Ratio (FAR) of the project is 0.10 and the site is accessible from Lexington Avenue via an existing driveway with median which Mister intends to reutilize. Mister Car Wash Overview Founded in 1969, Mister Car Wash has grown to become the largest car wash operator in North America with over 460 corporate owned locations across 21 states, 33 of which are open or under development in Minnesota. The Mister brand is anchored in quality, friendliness, and our commitment to creating memorable customer experiences. We are Inspiring People to Shine everyday by living our values of We Care. We Work Hard. We Have Fun. Mister Car Wash is proud to be building a sustainable future, prioritizing people; culture & community; and water & energy conservation. Our people are what make us successful and allow Mister to achieve our high standards. We focus on recruiting and retaining top talent, developing best -in -class training programs and investing in employees to cultivate a positive company culture. Our 6,800+ team members are the face and heart of our company, and we believe that by making our team members feel cared for, they will pass that feeling onto our customers. Our local communities are an extension of our car wash. We proudly partner with thousands of organizations across the country that align with our goals of inspiring shine, fostering a love of learning and teaching life skills. Our community giving programs take many forms as we find the best way to partner and provide the most impact. Community giving is hyper -local, giving back to organizations supporting the communities around our stores. To date, these programs have helped raise more than $3 million. Additionally, Mister Cares Foundation, a 501(c)(3) public foundation, provides financial assistance to our team members facing challenging times. Being good stewards of the environment is also a priority at Mister Car Wash. We partner with Project Wet to bring awareness to the benefits of conserving water within the car wash industry. Our new -build stores can proudly claim to use over 50% reclaimed/recycled water within the wash process, as well as reducing our freshwater usage by 25% due to our proprietary system design. Additionally, our in-house water team, a combination of chemists, engineers and water quality specialists, continually innovate and improve systems to be responsible stewards of water. These innovations include proprietary cleaning products which are free of phosphates and dyes as well as reclamation systems to reduce our water usage and systems to ensure the water we return to the municipal system is as clean as possible. The operation of our facilities begins with a welcoming wave received as you approach the point -of - sale canopy, where a Customer Service Attendant greets customers. The Mister Car Wash business model is unique in that over 80% of customers are Unlimited Wash Club members. UWC members have an RFID sticker on their windshield that is automatically scanned as they pull into the designated member lanes. This system efficiently keeps vehicles moving through the site as members aren't stopping to pay during each visit — reducing wait times and queuing. Non - subscription customers are assisted by the Customer Service Attendant to select a wash and help to efficiently keep the queue moving forward. Once past the point -of -sale, vehicles are guided into the car wash tunnel. Mister Car Wash operates conveyor tunnels that are designed to wash multiple cars at a time, allowing for a steady stream of customers moving through. The wash cycle is typically 2-3 minutes and once through the tunnel, customers have the choice of continuing to the self -serve vacuum stalls or exiting the site. The Mister Car Wash express wash model allows us to efficiently operate the facility, with approximately 15 total team members per location and 3-4 on site during our typical operating hours of 7:30am until 7:OOpm. Dedicated support infrastructure provides maintenance, HR, finance, marketing, safety, real estate, development and construction services, all based in our Twin Cities Regional Office. Mister Car Wash takes pride in the physical plant as well, reinvesting over $150,000 annually, on average, per location to ensure a bright, clean and flawless experience for our customers. In addition, maintenance technicians supervise 2-3 stores to keep our store equipment running at peak performance. Our team members have a routine cleaning schedule they follow to ensure the store always presents in the best condition. Building Materials The building design has been enhanced from the prototypical Mister Car Wash standards to achieve a 75% Class I material code requirement. The proposed building materials consist of Brick Veneer, Stone Veneer, EIFS and Metal Panels. Both brick and stone veneer are composed of individualized thin masonry units, approximately 1-3/4" thick, set into a mortar bed and grouted. As designed, the proposed materials and colors provide a visually appealing and modern appearance. In addition, two 35' foot high roof elements are proposed on either end of the building, providing visual cues for customers to the entrance and exit of the tunnel. In response to comments heard at the council workshop, the elevation facing Lexington Avenue has been further enhanced to create a more attractive welcome into the site. Upgrades include the use of spandrel storefront glass, lighting and a decorative canopy, as well as building articulation, a curved roof form, a change in roof plane and a change in material and color. Additionally, a patio with seating and bicycle parking has been provided at this elevation. $ignage Mister is proposing a monument sign along Lexington Avenue which will be harmonious with the building architecture and meet City zoning standards as to size and design. The monument sign measures 34.4 sq. ft. per side, or 69 sq. ft. of total sign copy, a reduction of 90 allowable sq. ft. of copy. Mister proposes approximately 79 square feet of wall sign copy area plus an 8.7 sq. ft. regulatory Exit wall sign. The Exit sign is placed at the exit to the tunnel and is intended to prevent vehicles from entering the tunnel from the wrong direction. In addition, Mister proposes 10.5 sq. ft. of auxiliary directional signage throughout the site to help customers safely navigate the property, and 32 sq. ft. of auxiliary canopy directional signage to efficiently move members through the pay station lanes. Parking Mister proposes 17 vacuum parking stalls measuring 13' wide x 18' deep along with 4 employee parking stalls and 1 maintenance vehicle parking measuring 9' wide and 18' deep. This is a reduction in 1 vacuum stall and an increase of 2 employee parking stalls as a result of comments received at the council workshop. Additionally, a recorded Reciprocal Easement Agreement (Document# 4363765) is in place with the property to the north to allow the Mister site to access and park up to 19 vehicles. Customers utilize the vacuum stalls to park and vacuum their vehicles before or after a wash. As an express wash facility, there are no retail sales that take place, nor is there an interior clean option, therefore, customers have little need to enter the building and turnover of the vacuum stalls is expected to be frequent. Landscaping & Screening Mister takes pride in our thoughtfully designed landscaping, utilizing native plantings throughout the site as well as decorative rock, a variety of shrubs and perennials along with new deciduous and coniferous trees The site contains approximately 311 caliper inches of significant trees. This proposal includes removing approximately 244 caliper inches of significant trees. When applying a ten percent (10%) credit of total caliper inches of significant trees, the resulting required replacement is 213 caliper inches. Mister intends to replace 107 caliper inches which is a rate of 1 inch for every 2 inches lost as per 1325.055 Subd. 6 A.1. Due to the relatively small nature of the site, the large number of caliper inches that need to be replaced and that approximately twenty-five percent (25%) of the site is within existing parking, access or utility easements which can't be planted in, it is not practical to replace all required caliper inches on site. Therefore, Mister proposes to plant 44 caliper inches onsite and 63 caliper inches that can't be replaced on site, at an off -site location as determined by the city or provide a fee in -lieu, both as allowed by 1325.05 Subd. 6(A)(3)(D). The proposed fee in -lieu amounts to approximately $25,200 based on $400 per caliper inch planting cost. Mister proposes to replace the existing wood fence along the south and west property lines with a new, six (6') foot composite/vinyl fence, similar to Bufftech Brookline, or an approved equal. Lighting Mister has worked with a lighting designer to ensure safe, adequate light levels are provided throughout the site including at the vacuums, while minimizing light spillage onto neighboring sites. The vacuum arms are lit with linear LED lights, generating approximately ten (10) foot candles at the center of the vacuum stalls. The balance of the site is lit with traditional pole mounted area lights at 23' to the top of the fixture, canopy lighting under the canopy and wall sconces on the building. All lighting is LED. The site meets code 1325.05 Subd. 3 in all respects including not casting in excess of one (1) foot candle on the travel lanes of adjoining roads. Snow Storage Mister intends to provide 4,000 square feet of snow storage throughout the site, as identified on the Snow Storage Plan. Any snow that is unable to be safely stored on -site will be hauled to an off -site location by the snow removal provider. Development Timeline Upon approval from the City, Mister Car Wash intends to submit for building permits in 2024 with an anticipated construction start in summer 2024. There will be no phasing of the project, and construction duration is estimated at 8 months including demolition of the existing building. Comprehensive Plan & Zoning Map Consistency In addition to providing an amenity for the community of Arden Hills, the Mister Car Wash proposal supports multiple goals within the 2040 Comprehensive Plan. Chapter 6: Land Use & Chapter 8: Economic Development and Redevelopment Chapter 6 Goal: Develop and maintain a land use pattern that strengthens the vitality, quality, and character of our residential neighborhoods, commercial districts, and industrial areas while protecting the community's natural resources and developing a sustainable pattern for future development. Chapter 8 Goal: Promote the development, redevelopment, and maintenance of a viable, innovative, and diverse business environment serving Arden Hills and the metropolitan area. The Mister Car Wash proposal supports the goals of Chapter 6 and Chapter 8 by taking a dilapidated, closed restaurant and redeveloping it as a high quality, efficient express tunnel car wash. This new facility will offer a quality amenity which isn't currently offered within the city, in the central commercial district of Arden Hills. Mister has taken feedback from staff and City Council, along with direction from the code, to enhance the prototypical architecture and design of the building and site, to create a development that is in harmony with nearby properties and is visually appealing to the community. Chapter 10 — Protected Resources Goal: Preserve, protect, and restore the community's natural resources, including open spaces, lakes, wetlands, other significant natural features, and historic resources. Mister Car Wash supports the goals of Chapter 10 through our use of native landscaping and a site plan that provides landscaping on approximately thirty-five percent (35%) of the site, exceeding code requirements. Within our own new -build stores, our water reclamation systems allow us to use over 50% reclaimed/recycled water within the wash process, as well as reducing our freshwater usage by 25% due to our proprietary system design. Our wastewater systems are designed and maintained to ensure compliance with municipal water regulations. Mister regularly receives recognition from municipal water authorities on our processes for reducing harmful runoff and appreciation of our partnership to find creative solutions to improve our wastewater impact. Mister further supports this goal through the completion of a tree survey and implementation of tree mitigation measures. Additionally, Mister partners with Project Wet on a national basis to educate the community on the benefits of water stewardship. Conditional Use Permit Evaluation Criteria When reviewing a Conditional Use Permit, the Planning Commission and City Council evaluate the project based on a number of measures as outlined in 1355.04 Subd. 3. The Mister Car Wash project is consistent with the code based on the following. 1. Existing and anticipated traffic and parking conditions. The proposed project is anticipated to maintain the current traffic volume that was present when the existing fast-food restaurant was operating. According to the Traffic Memorandum prepared by Kimley-Horn, the anticipated daily traffic is 1,560 vehicles per day, an increase of 17 vehicles over the 1,543 vehicles per day estimated for the fast-food restaurant. b. Throughout Mister Car Wash's numerous studies on existing stores, it's been determined that the car wash is not a destination location for customers, meaning they don't leave their home or work with the express intent of going to the car wash. The typical customer is on their way to/from work or running errands that bring them to the car wash. The car wash is anticipated to capture customers from the existing traffic base, and not significantly increase traffic within the adjacent network. c. The site is adequately parked providing 5 employee parking stalls and 17 customer vacuum stalls. In addition, there is an existing Reciprocal Easement Agreement (Document# 4363765), recorded on October 22, 2012, allowing for parking of up to 19 vehicles on the adjacent property to the north. Because no retail sales occur within the building, customers have no need to park except when vacuuming their vehicles, therefore, no negative parking conditions are expected. 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics. a. Mister has designed the site and facility to avoid off -site noise, light spillage or any other nuisance characteristics. The vacuums are installed in concrete enclosures with mufflers added to reduce noise level and have been located on the interior of the site, as far from property lines as possible. Site lighting has been designed to remain on site and at no point do the foot candles exceed those allowed by code at the property line or within the adjacent ROW. c. No odors, vibration, smoke, dust, air pollution, heat or liquid waste are anticipated on the site. All solid waste will be stored in a designated trash enclosure and routinely emptied by a local waste hauler. 3. Drainage Stormwater is proposed to be managed and treated on -site via an underground filtration system. Stormwater will sheet flow to on -site catch basins that will direct the flow to the underground filtration system where stormwater is treated via an engineered sand filter. The system has been designed such that in larger storm events, on -site runoff will be detained and released at a slower rate than the existing condition. b. During construction, erosion control measures (BMP's) will be utilized to assist with the stabilization of the site and limit the amount of sedimentation that flows off -site. A series of silt fences, filter logs, stabilization blankets, and other best management practices are proposed to be utilized via the Contractor's Certified Professional in Erosion and Sediment Control (CPESC). 4. Population Density a. The site is located in a business district with multiple retailers in the vicinity. The site lends itself well to the project due to the retail nature of the district, the location off Lexington Avenue, and the close proximity to 1-694, all allowing convenient access for customers. The approval of this project will not affect the overall population density of the area. 5. Visual and land use compatibility with uses and structures on surrounding land a. Through consultation with staff and City Council members, Mister has designed a new and modern, express tunnel car wash. The use compliments neighboring uses and special attention was paid to the building materials and landscaping, to ensure the project is in harmony with the neighboring development on Lexington Avenue and developed in accordance with the Comprehensive Plan and City Zoning Ordinances after requested modifications. 6. Adjoining land values It's anticipated the redevelopment of a vacant fast-food restaurant with a new, state of the art car wash facility, will provide for increased property values on the neighboring properties. 7. Park dedications where applicable a. The project is commercial in nature and therefor park dedications are not 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. a. The project is an allowed use with a CUP in the B-3 zoning district. Adjacent zoning is 13- 3 and the area between Grey Fox Rd. & Red Fox Rd. is highly developed with commercial and retail uses. The addition of Mister Car Wash at this location, pursuant to the appropriate planning approvals and building permits, will permit the continued orderly development of the neighborhood. As previously mentioned, the project supports the 2040 Comprehensive Plan, including the Commercial land use designation, which calls for "a broad range of retail, shopping and services to meet the needs of the community and region." Zoning Code Flexibility The following flexibility to the zoning code is requested. 1325.05 Subd. 8.E.1 At least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line. FLEXIBILITY REQUEST: Mister requests flexibility regarding this code section. Due to the narrowness of the site (-125'), the building must be laid out west to east, with the tunnel exit fronting Lexington Avenue. With the building at the setback line, the exit drive from the tunnel would terminate across from an existing driveway median, creating an unsafe and impossible condition for customers to turn left and re-enter the site to utilize the vacuums and/or patronize adjacent businesses. Additionally, the exit driveway would encroach into the twenty (20') foot parking and landscape setback. Mister has sited the building approximately 30' back from the building setback line, which is as close to the building setback line as possible, while still allowing for safe maneuvering at the tunnel exit and throughout the site. Jr --- t- — -------------------- — — — — — — — — — — — — — — — — — — I NMI - —130'-3N i U, BLDG. I 35'-0' _ 1325.05 Subd. 8. F.1. a Fifty percent (50%) of all first level building fagades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. FLEXIBILITY REQUEST: Mister requests flexibility in the transparency requirement below fifty percent (50%) as allowed by 1325.05 Subd. 8.F.1.c (Reduction due to additional transparent glass used on remaining sides) and 1325.05 Subd. 8.F.5 (Reduction due to use or function that does not readily allow windows). The uses that front Lexington Avenue include the car wash tunnel exit and the mechanical room, both uses which do not readily allow windows. Vision glass has been provided in the form of a roll - up door at the tunnel exit and access doors to the mechanical room. This glass provides approximately 180 sq. ft. of transparency or thirty-three percent (33%) of the fa4ade, below twelve feet. Mister has provided approximately 679 sq. ft. of additional vision glass on the remaining sides of the building to satisfy 1325.05 Subd. 8.F.1.c. To enhance the Lexington Avenue fagade and fulfill 1325.05 Subd. 8.F.5, Mister has provided additional aesthetic interest including the use of spandrel (opaque) storefront glass, lighting and decorative canopies, as well as building articulation, a curved roof form, a change in roof plane and a change in material and color. Signage Table 1240.02 Auxiliary Signage — 2 at 8 sq. ft. each FLEXIBILITY REQUEST: Mister requests flexibility to allow three (3) auxiliary illuminated directional signs totaling 10.5 sq. ft. and three (3) auxiliary illuminated canopy directional signs totaling 32 sq. ft. This request is based on the following reasons: 1) 1260.01 Subd. 1 There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site. a. The three (3) auxiliary illuminated directional signs are provided to serve a regulatory purpose and facilitate safe navigation throughout the site. As the site has a shared driveway with the neighboring north property, coupled with vehicles moving throughout the site to receive a vehicle wash or vacuum their vehicles, it's important that signage be illuminated and visible to allow customers to safely navigate the site. The three (3) auxiliary illuminated canopy directional signs are interior facing signs and are not visible from the public right of way. These signs are provided to efficiently move vehicles through the wash pay stations. Over 80% of customers are Unlimited Wash Club members, who utilize an RFID tag to open the pay station gate before being guided into the wash. Providing dedicated UWC lanes helps keep vehicles flowing and prevent potential backups. 2) 1260.01 Subd. 2. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site. a. The auxiliary illuminated directional signs are of a high quality and enhances the site while simultaneously functioning as directional signage to allow customers to safely navigate the site. 3) 1260.01 Subd. 3 The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located or the current land use. a. The signage requested is consistent with the purpose of the B-3 zoning district. The signage is high quality and is the minimum needed to safely provide navigation throughout the site. 1325.04 Subd. 2(D) Screening: A suitable screening fence shall be erected along all property lines except those which are also public right-of-way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing. FLEXIBILITY REQUEST: Mister requests flexibility to provide a new composite/vinyl fence similar to Bufftech Brookline or an approved equal, along the south and west property line and no fence along the north property line. The north property line runs through an existing cross access easement which provides a drive aisle and parking for the businesses to the north as well as the project site. By providing a fence along the north property line, all access to the businesses to the north and the project site would be cut off. This is an existing condition. 1325.04 Subd. 2(H) Access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center island may meet the requirements of this provision. FLEXIBILITY REQUEST: Mister requests flexibility to utilize the existing, recently reconstructed driveway with a center island to meet the intent of this code section. This is an existing condition. Conclusion Mister Car Wash believes the proposed project will revitalize and beautify an underused site in the heart of the renewed business district. The project is an allowed use, subject to a CUP and PUD, and supports the 2040 Comprehensive Plan by providing for a commercial use to meet the needs of the community and region. We look forward to your review and approval as we look to welcome Mister Car Wash to Arden Hills in 2025. Please contact me with any questions. Sincerely, Christopher Campbell Senior Project Manager Mister Car Wash ccampbell@mistercarwash.com C) 763-360-8963 A8 31tl0 SNOISIA3d 'oN UJOH <<<Aalwl� /1 xwax xw Emv�ox� - 133HS U3A03 V1OS3NNIW SIIIH N30UV ill `1S3M dMO NOd 03UVd3Hd NW `SIIIH N3auv HS`dM MV3 N31SIW fo O v N l�tl OZOZI[lILO S31tl(ldn 1pNNO�AlI� a Q - NOuomlISNOO 210d ION A2JHNIAIl3Hd � o 3 jp ^ i 3 L) r V }i a Q � w =5 m m a a w F m a w- wQ� a o o " 3 J N j N _ y Z JE 'uGw,n I N J � a J _ o a = cn z Z w Z Z, W = w=o ° Ln w Iwo s a 0 w A F �°om= mpa��° =s�w J �/ Q Z oo w�N�aN w a ZO =O s6=oo_wO > � � - NLLawa= 0 0 LL Z w C/) Cl) /u C Icy •. iNz rcw �3� L ..�°.t. rc3w"w VI M Cd Z J �o r LW Z i�o>� 6,:w-a�i >�azNwZ O=per O�z ZW O o3Nm�aa�a W C LU a cow U w N LV Q Mp p� Z>L�i �C7 H y� `ma� wo3go J 1r.} 2 x u¢z O w Z=WW0= ¢ O ¢ Y b < wz oJ = ¢ ULz W 7 W NW O xWQpWa OU do wXUOwz D U F F U Q W w H U W F Ld a W 0 z ¢ z t O d w zo ¢ O Y U W w a Q W U p e p H '/__�` Q %� y U 2 O H Q= J o ` a.wZ� Z T i N ¢ xoai�^x Z N Z } W>: O� o Jz QZLLJ coQ WOD�z� wx wQ�O z ¢Owa ¢xF�O� ai J c� �� (L Lu W Y a?¢ W J0¢a¢ z wa'z g Y N w OU wrRawlH wwlNa w�.N k �oewene ore �one�wme �wMNow.ivaw��on �m ��.�elw,.naewl we w � �. mm�m w� wM�waea w•w�>op sw. wd":Z-VZOZ'LL Arenu.r BMP'133HS N3A000M--4Sueld\OMu8lsx0 E\NW'sIIIH-P�4seM IBD—IW\A3010MVN ne 31tl0 SNOISIA3d 'oN em6 xw ,ox, NVId V10S3NNIW sl 1H N30NV tl OZOZI[LILO S31tl(1dfllpNNO�AlI� " N011b�nM3S3Md Ol�'1S3MdMO neg,ss 3NONe aNV NOd 03HVd3Hd N UJOH ((<Aalwl a s ..�.,�3 1 3ro d �N J12101N3ANl 33211 NW `HsvM N3 w v - aV3 a3IS1 siw '3AV NOlONI%3l I I II III ��- �`��' �� ` �• �� - . al xl II I I I I I I II I II I II II I L U2o II II I ° y�jrN I I NO n « L I I I I I I _I I I I �•' � SI I 1 II J I� 1 ` I I I I I II �Y II II I I I I / I I � II I II 0 s ma of � rH I _a I =w I I -7v Z% .— NOuomliSNOO 210d ION - AaVN I W I13ad - HN� LLo3n o sp �w rc w- Z ooz rc rc Ug� F O I W l W- h� =oa J K O O z3 wdEV:E-VZOZ'Lltienuefbm NV dNO11VAM3S3Ud ONVANOIN3ANI33UI-1l\slxa4Sueld\OVO\u61sOGE\NW's111Huap�4seMIe31als'N1 301 OML\:N UJOH((<Aalwi 9, �q V1013NNIW SITH N30uv all '193M dMOfo 6 NV-ld 311S UOJ 03UVd3Hd w NW 'ST11H N3auv HSVM MV3 N31SIW m -11V WiiomliSNOO 210d1 iON -,k'cJVNlAl-13ad afin mxo sip Ht OM Hl �­U 0 z U fla—E Lu LU Hi - 0 z (3) a (2) @ a s (D 0 e (F) e (E) a .d6U:L - VZOZ '90 1—q-d 6-P NV d 3115n�.-NSM&GVOW61--0 SM -111H --P�4--M 1-3 '--M30-13M VN Ae 31tl0 SN0151�3d 'oN sxe xW Emvoz- VIOS3NNIW SIIIH N3.N tl OZOZI[LILO S31tl(1dfllpNNO�AlI� ill `193M dMO fo NVId JNIa"o UOJU3HVd3ad N UJOH <KI�a�UI�� ° NW `SIIIH N3Ua`d w v /1 HS`dM MV3 N31SIW NOuoml1SNOO 210d lON - ANVNIWI132ld �g � o 13F. wdg,Z- VZOZ 'Ll Aienuef �Op'Ntlld`JNIOtliI`J-S�\s)aa4Sueld\Otl0\u8!sa0 E\NW 'sll!H uap�4seM ie0 ia}s!W\A301 �ML\ N V1013NNIW Sl IH N30uv —dnll—o—o 3-1-i'193M dmo 6 fo UJOH((<Ai)IWINVId Ainun UOJ U:3UVd3Hd w NW'S-1-11H N3auv ......... 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Date: December 12, 2023 Subject: Arden Hills Mister Car Wash — Trip Generation & Queuing Summary INTRODUCTION The proposed site is located at 3571 Lexington Avenue North in Arden Hills, Minnesota. The approximately 1.26-acre site is currently occupied by a fast-food restaurant. The proposed development includes a single car wash tunnel, 130' in length, that is served by 3 inbound lanes. The site will also have 5 parking spaces and 17 vacuum stalls. The existing site shares a site access with the retail building to the north. As part of the Lexington Avenue reconstruction, the only site access was converted to a right-in/right-out access. The proposed site plan is attached. This memorandum documents the anticipated trip generation of the proposed development, the anticipated queueing, and the peak operation times for the car wash. TRIP GENERATION The trip generation for the development was calculated based on data collected at a comparable Mister Car Wash location in Columbia Heights, MN. The data was collected on Thursday, April 21', 2022. The weather on the day of data collection was mid-50's and sunny, it is anticipated that trip generation and queuing data would be representative of a typical day. Table 1 provides the daily, AM, and PM peak hour trips for the proposed development based on the local data. It is anticipated that the Arden Hills location will operate similarly to the Columbia Heights location even though it is anticipated to have more payment stations and vacuum stalls, this is because there is still only one car wash tunnel proposed on the site. The Arden Hills Mister Car Wash is expected to generate approximately 1,560 daily trips, 99 AM peak hour trips (8:OOAM — 9:OOAM), and 190 PM peak hour trips (4:45PM — 5:45PM). Kimley»)Horn Table 1 - Trip Generation Page 2 Land Use Description Intensity / Units Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Mister Car Wash — 1 car wash 1,560 57 42 99 99 91 190 Columbia Heights tunnel Chart 1 shows the hourly distribution for the Columbia Heights Mister Car Wash location. The daily trip distribution patterns for the car wash increased throughout the day during operating hours with the PM peak hour traffic accounting for the largest percentage of daily traffic at 11.7%. 14.0% a 12.0% L 10.0% M 0 8.0% 4-- 0 0 6.0% c� 4.0% U L a 2.0% 0.0% Chart 2 - Hourly Trip Distribution .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. O N M11) 1-0 f- 00 O O 7 N M N N N N Time of Day The site is currently occupied by an Arby's restaurant. ITE LUC 934 (Fast Food Restaurant with Drive Through Window) was used to compare the traffic from the proposed car wash with the existing land use. The daily, AM peak hour, and PM peak hour trips generated by the existing land use are provided in Table 2. It should be noted that Arby's is not open during the AM peak hour, so the ITE trip generation was omitted for the AM peak hour. Compared to the existing land use, the Mister Car Wash is anticipated to produce a similar number of daily trips, with 99 more trips produced during the AM peak hour and 81 more trips produced during the PM peak hour. Kimley»)Horn Table 2 — Trip Generation of Existing Land Use Page 3 Land Use Description Intensity / Units Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Arby's 3.3k sf 1,543 - - - 57 52 109 CAR WASH VEHICLE QUEUE As part of the data collection, a camera was set up to observe the queues entering the car wash. Video was observed during peak periods to determine the impacts of the queuing on site. The results of the observations are listed below. • The maximum observed queue was 7 vehicles during the PM peak hour (4 vehicles in front of the car wash payment and 3 vehicles behind the car wash payment). • During the PM peak hour (highest traffic volumes), there were minimal queuing issues on site with typically no more than 1 vehicle at each of the two payment stations on site. • It was observed that the majority of vehicles were part of the Wash Club and therefore had minimal to no wait at the payment stations. Based on the site plans, the proposed Mister Car Wash in Arden Hills will have 3 payment stations. There will be queuing on site for an estimated 12 vehicles behind the payment stations and an additional 5 vehicles in front of the payment stations. This results in a total stacking capacity of around 17 vehicles before queues would begin to stack into the drive aisle. Based on the observed queues and the proposed site plan, it is anticipated that all queues during typical operations can be accommodated on site without impacting the parking lot to the north. CONCLUSION The proposed car wash is anticipated to generate 1,560 daily trips, with 190 trips generated during the car wash peak hour of 4:45 PM to 5:45 PM. This is a similar number of daily trips as the existing land use and about 80 more trips during the PM peak hour. The observed maximum queue analysis at the Columbia Heights Mister Car Wash was 7 vehicles. With the proposed site layout providing storage on -site for approximately 17 vehicles before impacting the shared drive aisle, the car wash queues are not anticipated to impact operations of adjacent land uses or roadways. 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Haase Oren prop ALLEY v_ _ z a 0A I mg�g tom b rR m _ I C) z F rz g ��_$$'oo boo oar z I — — — w was m m �:� m-- vi,°T 9mo �o$ w o'er" W GaG a � ay a o go 3 �P°go A6 03 sn5 d O LEXINGTON AVE. g D'g uEl"! 3m 8� c Amp is a o 8' Gm � m � PRELIMINARY - NOT FOR CONSTRUCTION yMISTER CAR WASH - IVmley >> Horn ARDEN HILLS, MN m. a Ea ES.. % A i PREPARED FOR SITE PLAN o c o CWP WEST, LLC ARDEN HILLS MINNESOTA wwrv.an�Ev-Hoan.corn7 REVISIONS —E ].Y ne 31tl0 SN0151�3M 'ON VIOS3NNIW SIIIH N30UV 1181HX3 0�� '1S3M dMO 0 3J`d2101S MONS aoi 03ava3aaW. `SIIIH UJOH ((< jwl� NW N3auv HS`dM MV3 N31SIW NOuoml1SNOO 210d lON -.121HNIWI13ad W � o w 9 O p s � w�J J - '3AV NOiONIX3I �e & u) Z J = — 0LLI r& w • OR CO z o I 0 H wry — N,_ __ W m u) o,nm J, O � w J IwyH Lu Quj GHQ (D p 1 o C! Z I _ -H I- 2 2 H H yl r •, III w— J~ I / O Z Z Z Q w ZO ln(n(o0 I I II I I I I II I t III O n « I p O I I I I I I �.• gl � I r I I I I IJ I I I I , ; III I ■ I 1 1 III 1 .� I II I X en I I I I wrRawlx wwlwa -7v w�,x k.—P. o•e •one�wme �wMw=wmwaw•==n �m ••.�elw,.eo,ewl we w •. •wm•m w� wM�4waa w.w�ba sw. weLS:Il-EZOZ 'V,agwwa06mpl!q,y aBa S mouS VIZI-SZOZg!9!4x3a6w Smou5\sl!g!4x3\0tl0\u6!sa0 S\NW'sll!H 11p�418M ie0—IM3010MVN Attachment L To: David Swearington, Lucas Miller, and Jessica Jagoe From: Derrik Mills cc: Tina York Date: 1 /18/23 Re: 1 st Review comments summary for council presentation The following are general comment summaries from the set of plans submitted by Kimley Horn to the City for review as of 01/17/24. 1. Plans are incomplete. They are missing erosion protection and sediment control plans, demolition plans, all city details, either the existing or proposed plat for this project, and general notes. 2. Grading plans do not tie into the existing grades, and for some reason the site is shown to be 7' above the street flowline, which is very odd. Significant grading issues such as the driveway with 20% grade into the site, -13% cross slopes in several sidewalks on site, and grading towards the building instead of away the building. 3. There is currently no Rice Creek Watershed District Permit submittal that the city is aware of. 4. This project will also need to be submitted to the county due to their driveway location Lexington Ave and tie ins to county infrastructure. 5. Many ADA related comments. 6. Utility tie ins are loosely defined, but need much more information to be acceptable to the City. Current Tie ins are missing existing utility information 7. Many of the above changes, especially the grading will have significant impacts on the project. The next review is expected to have additional critical design(s) that will need to be reviewed by the City for approval.. County Critical Comments 1. Please ensure references to Lexington Avenue include the completed construction project from 2023. Based on the drawings, it appears they are going off of a recent aerial photo that shows improvements to the entrance approach. Just making sure design is going off the proper plans for Lexington. 2. Lexington shows as being newly placed concrete roadway in 2023. New driveway appears to have been placed with the road's construction. #1 - existing new driveway to be utilized for any new entrance improvements to the proposed development. #2 - Request no excavation cuts into the new concrete pavement be considered for the proposed new HDPE storm sewer line. Request developer submit a proposal to use directional drilling of solid wall HDPE, (SDR 26 or less preferably 17). Manhole to be inside core drilled, interior pipe seal used and outside annual space of drilling mud replaced with stabile material. 3. It appears curb tie-in will extend into the county Right -of -Way. A RO Permit will be needed prior to beginning construction. In the following attachments to this memo will be the comments made within the plan and report sheets from the 01/17/24 email submittal. Only plan and report sheets with applicable comments are included as part of this memo. a. VI0S3NNIW SITH N30uv 0 -l'.LS3M dMO —1 w S33VdS DNINNVd V3M UOJ 03UVd3Hd w UJOH((<Aalwl -3 3ro a NN NW'ST11H N3a21v HSVM MV3 N31SIW NOuomliSNOO 210d1 iON -,121VNlAl13ad n QQb PH H, 0 H H. HN H U) M F z MU, z - — woo 2,0 o ws 5 o 5 ..0q:"-SZOZ V,.qw—a 6-P NV d 3115n�.O-4Sueld\0V0W61SO0 SM'S111H 11P�411M I'D IIISIM30-13M VN Attachment N PC AGENDA ITEM — 3B ,AVEEN�HILLS MEMORANDUM DATE: January 3, 2024 TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #23-024 — Public Hearing Required Applicant: Mister Car Wash Property Location: 3751 Lexington Avenue N. Request: Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit and Site Plan Review Requested Action Mister Car Wash ("The Applicant") is requesting a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review for a proposed project on 3751 Lexington Avenue N. ("Subject Property"). The proposal includes the demolition of the existing vacant restaurant building to allow for the site to be redeveloped with a one-story car wash tunnel building, approximately 5,400 square foot conveyor -type, stand-alone exterior drive -through car wash. Background 1. Overview of Request The Applicant has submitted a land use application for Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 1.26-acre site located at 3751 Lexington Avenue N. The Subject Property is currently owned by CS&M Arden Hills LLC and the building was previously occupied by Arby's restaurant which closed in early 2023. The Applicant is proposing to demolish the existing building and redevelop the site. The Applicant is proposing a one-story car wash tunnel building of approximately 5,400 square feet as well as 17 parking stalls with vacuums for self - serve use. The car wash proposal also includes two detached accessory structures for an attendant shelter and canopy as part of the drive -through design. The Applicant presented a concept plan at the City Council Work session on November 27, 2023. Councilmembers provided feedback on the building appearance and materials, parking, landscaping, lighting, fencing and other items. This commercial corridor includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a Page 1 of 16 number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. 2. History of the Subject Property The Subject Property was originally developed in 1989 as a fast-food restaurant and drive-in business consisting of a 3,800 square foot principal building. A Conditional Use Permit was required for this use. The property changed ownership in 2008 and was reconstructed into a different fast-food restaurant and drive-in business use through a Conditional Use Permit Amendment. Approvals 1. Planned Unit Development A Planned Unit Development (PUD) is required for all new development and redevelopment in the B-3 District. In addition, a PUD would allow for performance standard flexibility. This proposal involves both the initial Master Plan PUD and the Final PUD. Site Plan 2. Conditional Use Permit In the B-3 District, a Conditional Use Permit (CUP) is required for Vehicle — Motorized Service which includes a car wash as a principal use since it provides "maintenance services" for motorized vehicles. Typical factors to consider in evaluation of the CUP request may be hours of operation, noise from equipment (washers, blowers and vacuums), lights from vehicles, and queuing of vehicles waiting for service. The car wash building is a drive -through style. Additionally, customers will be able to utilize one of the 17 self-service vacuums located on the north side of the property, approximately 25 feet from the northern property line. The vacuum stations to the top of the arch are approximately 13 ft. tall. 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; Page 2 of 16 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. Plan Evaluation Chapter 13, Zoning Regulations Review 1. District Provisions (B-3 Service Business District) — Section 1320 — Meets Requirements Under the 2040 Comprehensive Plan, this site is guided as Commercial (COM) on the land use plan and is zoned B-3. Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses Service Station/Retail/Mixed- North COM - Commercial B-3 Service Business District Use, Multi -tenant Buildings South COM - Commercial B-3 Service Business District Vacant Pace Industries Site and Retail/Grocery Store West CMU - Community Mixed Use B-4 Retail Center District Retail and Other Commercial Uses The Future Land Use designation is for a broad range of retail, shopping, and services to meet the needs of the community and region. Compatible uses such as office buildings are also intended for this area. Retail sales and service are a permitted use within this district. The proposed site plan is attached as Attachment D. The table below provides the performance standards for the B-3 District and the preliminary analysis for the proposed development of the principal structure: Ordinance Requirements B-3 District Q4__A-_A. Proposed Development RP E_ Maximum Floor Area Ratio FAR 0.8 A rox. 0.10 Maximum Structure Coverage 40% 10% Minimum Landscape Lot Area 25% 34.08% Minimum Front Yard Setback 50 feet 80.8 feet Minimum Rear Yard Setback 20 feet 224.8 feet Minimum Side Yard Setback 20 feet (min)/ 40 feet total 20 feet and 52.7 feet/72.7 feet (total) Minimum Lot Area 13,000 square feet 1.26 acres/+/- 54,450 square feet Maximum Building Height 35 feet I Car wash Building — 35 feet 2. Design Standards - Section 1325.05 and 1325.055 A. Building Positioning — Flexibility Requested Section 1325.05 Subd. 8, E of the Arden Hills City Code states "at least fifty percent (50%) of the largest building on each site shall be constructed at the front setback line." The Applicant is proposing a single one-story car wash tunnel building of approximately 5,400 square feet for an exterior drive -through car wash. The front lot line is at Lexington Avenue and the front setback Page 3 of 16 line is at 50 feet. The Applicant has shown that the building would be constructed with an 80.8- foot setback. The Applicant has requested flexibility due to the narrowness of the site and the layout of the building. The Applicant states that with the building at the setback line, the exit drive from the tunnel would terminate across from an existing driveway median, creating an unsafe and impossible condition for customers to turn left and re-enter the site to utilize the vacuums. To achieve the 50 foot building setback, the exit driveway would also encroach into the twenty (20) foot parking and landscape setback. Visual of building at 50 foot building setback B. Exterior Materials — Flexibility Requested At least seventy-five (75) percent of the exterior building materials should be made of brick masonry, tile masonry, natural stone or its synthetic equivalent, decorative concrete plank, transparent glass or any combination thereof. Trim and other accent or decorative features may be metal, wood, split faced block, EIFS, or stucco. Metals shall have a matte finish and have visible corner moldings and trim when used on exterior walls. Undesirable materials include simulated brick, vinyl or aluminum siding, sheet or corrugated metal siding, plain concrete blocks or panels, brightly colored metal roofing or canopies, pre -cast tilt -up walls, and mirrored or reflective glass. Building colors shall be muted. Recommended colors include browns, grays, tans, beiges, and dark or muted green, blues, and reds. Bright or brilliant colors and sharply contrasting colors may be used for only accent purposes occupying a maximum of five percent (5%) of building fagades. The Planning Commission should evaluate the architectural style and building character based on the quality of its design and on its relationship to its surroundings. Site characteristics to be evaluated for this purpose include, but are not limited to, building and landscaping materials, colors, textures, shapes, massing, building components, height, roof -line, and setback. A full plan set of building elevations is included as Attachment E. Planning Staff has provided the review below on building materials as shared by the Applicant in order for the Planning Commission to attain a better understanding of the full scope of their project design. Building Materials — Flexibility Requested Page 4 of 16 The proposed building elevations consist of brick veneer, stone veneer, aluminum siding, transparent glass, spandrel glass, and metal panels and trim. The Applicant has requested for the brick and stone veneer to be considered as preferred materials as both materials would be composed of individualized thin masonry units, approximately 1-3/4 inches thick, set into a mortar bed and grouted. If this flexibility is granted, the Applicant will have met the 75% threshold with desired materials on all four elevations between calculating the use of the brick and stone veneer and transparent glass. The metal panels and spandrel (i.e. opaque) glass have been calculated separately as "other accent or decorative" materials. Planning Staff has identified the use of spandrel glass since it is not transparent as a request for flexibility under the PUD for transparency requirements. The Applicant provided a material board as part of their submission. A combination of transparent and opaque glass is proposed on the east elevation. Clear glass is proposed for the remaining elevations. The buildings have a variation in rooflines as viewed from the side elevations (i.e. east and west). The car wash building includes a detached canopy and tower in the building design. The tower is positioned to be prominent on the east elevation facing Lexington Avenue and then the detached canopy and attendant shelter are positioned off of the rear of the principal building on the west side of the property. The following table shows the breakdown of materials for the principal structure: Car wash Required Preferred Proposed Preferred Other Materials Required Transparency Proposed Transparency Building Materials Materials *% of first 12' *includes of elevation brick/stone veneer North Facade 75% 88% 12% N/A 9% clear East Fagade 75% 88% 12% 50% 38% (clear) 13%oaue South Facade 75% 87% 13% 1 N/A 17% clear West Facade 75% 88% 12% 1 N/A 50% clear The transparency requirements for businesses within the B-3 District have been considered in the development and the proposal will use a combination of clear and opaque windows in the building design. Section 1325.05, Subd. 8, F. states that fifty percent (50%) of all first level building fagades that front a public street shall be comprised of transparent windows or doors in order to allow views of interior uses and activities. If the building is a one story design and the first floor elevation exceeds 12 feet, then only the first 12 feet shall be included in calculating the fagade area. If flexibility is given for the use of spandrel glass toward the transparency requirement, the Applicant would meet this requirement on the east side facing Lexington Avenue as shown in the table above. It should be noted that the proposed transparency percentages reflected in the above table mirror the figures provided on the architectural plans. The Applicant included a second table on these same plan sheets to calculate transparency based on the first 12 feet of the building fagade since the proposed building fagade is 25 feet. Page 5 of 16 i Renderinz of South and North Elevations —Car wash Building aFIFla ELEVATION MOR H) Rendering_ of East and West Elevations —Car wash Building y ELEvnnaNysn ENTRANCE ELEVATION mESTI The Planning Commission should provide comment on whether or not the use of spandrel glass would be considered acceptable in satisfying "transparent glass" which would bring the application in compliance with the fifty percent transparency of all first level building facades that front a public street requirement. Under Section 1325.05, Subd. 8, F.1, the City may consider a proportional reduction in the transparent window and door requirement on the public street fagade if additional transparent glass is used on the remaining sides. The Applicant has stated that the proposed elevations include approximately 679 square feet of additional vision glass to the remaining building sides to satisfy this condition and is noted in the building material percentage table. The Applicant is proposing to construct two accessory structures as part of the drive -through car wash. An 18 foot by 42.5 foot canopy is proposed to provide cover over the payment stations and a 5.5 foot by 7 foot attendant shelter is proposed northeasterly of the payment stations. The proposed structures will be constructed of the same materials as the principal building structure Page 6 of 16 and will comply with structure setback requirement and other district regulations. The proposed canopy and the attendant shelter will meet district height requirements at 16 feet and 10.4 feet tall, respectively. C. Lighting — Meets Requirements The Zoning Code requires exterior lighting to be consistent in type, design, scale, and color to create unity in the Districts. Exterior lighting for parking lots and buildings shall not be excessive and shall be directed at their intended purposes. Any light or combination of lights shall not cast light that exceeds a meter reading of one foot candle on the travel lanes of adjoining public streets or 0.4 foot candles on adjoining residential property. The proposed plan includes traditional poly mounted area lights at 23 feet to the top of the fixture, canopy lighting under the canopy, and wall sconces on the building. The vacuum arms will provide illumination with linear LED lights. The proposed lighting is consistent with the use and the surrounding area. The Applicant has submitted a photometric plan that identifies the types of light fixtures and quantities. The Subject Property is not adjacent to a residential property. The photometric plan shows that proposed lighting will not exceed a meter reading of one foot candle on the travel lanes on Lexington Avenue. As a condition of approval, all lighting shall be downward directed shoebox style with flush lenses. Details about the proposed lighting are found in Attachment F. Planning Staff will add that the Applicant identified on the signage plans yellow accent tube lighting that would be located at the top elevation of the tower structures. Additionally, the tube lighting is proposed atop the east elevation arched roofline which would also be visible to the roadway. These forms of illumination were not included on the photometric plan or as part of the building elevation review. The Planning Commission should provide comment on the use of tube lighting as part of the building design. The Applicant provided information that these lighting features would have an insignificant impact on illumination to the roadway or the adjacent sites and renderings can be seen in Attachment J. D. Screening and Fencing — Flexibility Requested Screens and fencing help minimize adverse impacts of public nuisances, such as noise. There are trash enclosure/vacuum enclosure buildings proposed for the Subject Property. One is located toward the northwest corner of the property and will enclose the dumpster and mechanical equipment for the self -serve vacuum operations. This enclosure will feature a metal trash enclosure gate and a metal door for accessing the mechanical equipment. The other enclosure is located near the back of car wash tunnel entrance and will enclose vacuum mechanical equipment only. The fully enclosed buildings will be constructed of materials consistent with the building design (i.e. brick and limestone) on all four elevations and meet setback requirements. The Applicant provided roof plans and associated building sections to illustrate all roof -mounted mechanical equipment is screened by parapet walls ranging from 3 feet to 7 feet. It is also noted in the narrative that no exterior at grade mechanical equipment is proposed besides the mechanical equipment for the vacuums which will be fully enclosed. Under Section 1325.04, Subd, 2 applicable to drive-thru facilities, the City requires a suitable screening fence shall be erected along all property lines except those which are also public right- of-way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing. There is an existing wood fence along the south and west property lines. The Applicant as part of this Page 7 of 16 application is proposing to replace the fencing along these property lines. The new vinyl fence would not be located directly on the property line due to existing easements. The proposed fence on the south property line extends easterly to the 20-foot parking setback line as measured from the front property line. The Applicant is not proposing a fence along the north property line due to the shared cross access easement with the adjacent property. Fences in the B-3 District shall blend into the landscape or be compatible with other materials used on site. This district encourages use of finished and treated wood, brick, stone, or wrought iron. The Planning Commission should comment as part of the review if the proposed screening is sufficient. E. Landscaping — Flexibility Requested Section 1320.06 — District Requirements Chart of the City Code requires a minimum landscape lot area of 25% or 13,612.5 square feet for the Subject Property in the B-3 District. The Applicant is proposing a landscape lot area of approximately 35.2% percent or 19,166 square feet. Additionally, at least 10% or 1,916.6 square feet of the total landscaped area (i.e. 19,166 square feet) shall be covered with perennials and/or shrubbery. The Applicant is proposing perennial and/or shrubbery of approximately 12.9% or 2,474 square feet. Planting islands shall occupy 10% or 2,041 square feet of the parking area (i.e. 20,411 square feet). The plans show the provided planting islands are below the requirement with 1,178 square feet and require flexibility. The site contains approximately 311 caliper inches of significant trees. Section 1325.055 Subd. 5 allows for the removal of fewer than ten (10) percent of the caliper inches of significant trees on the property without requiring mitigation. Ten percent of 311 is 31.1 caliper inches. The Applicant proposes removing 244 caliper inches of trees, meaning the Applicant is responsible for mitigation of 212.9 caliper inches removed above 10 percent. Per Section 1325.055 Subd 6, the number of caliper inches of trees required for replanting is determined at a rate of 1:2 or one inch replaced for every two inches lost. The Applicant intends to replace the 107 caliper inches required based on the total inches removed and the rate of replacement. Existing 10% of Existing Proposed Inches in excess of Required Removal 10% Replacement 311 caliper 31.1 caliper 244 caliper 212.9 caliper 106.5 caliper inches inches inches inches inches The Applicant proposes to plant 44 caliper inches on site and to plant 63 caliper inches at an off - site location as determined by the City or provide a fee in lieu. The Applicant cites the relatively small size of the site, the large number of caliper inches that need to be replaced and the percentage of the site that has existing parking, access and utility easements as reasons for not planting the total caliper inches for required for replacement on site. The Applicant has included an estimate for the proposed fee in lieu of plantings. If this is acceptable to the Planning Commission, the Applicant would be required to provide an estimate of cost of materials and installation of trees. The landscaping fee collected is calculated based on those costs, plus 10%. The City Code requires a minimum of one (1) tree be provided along the right-of-way of every 40 feet of public street frontage. The proposed development would be required to plant three (3) trees along the Lexington Avenue right-of-way which the Applicant has satisfied in their landscaping plan. Also under Section 1325.04, Subd, 2, the City has depth requirements as measured from the property line for landscaping on lots used for drive-thru which have been met. A landscape plan is included as Attachment D. Page 8 of 16 F. Snow Storage Adequate area should be designed for snow storage such that clear visibility shall be afforded from the property to any public street. The Applicant has identified in their narrative and on a separate plan that snow storage (Attachment L) would be located on the south side of the property and provides for 4,000 square feet of snow storage. If the snow accumulation exceeds capacity available for on -site storage, the Applicant intends to have snow hauled off -site with a snow removal vendor. G. Parking Setbacks — Meets Requirements The City Code requires off-street parking spaces to be located a minimum of 20 feet from the right-of-way of any public street. The Applicant has satisfied this requirement and has a 20 foot setback from the ROW along Lexington Avenue. H. Number of Parking Stalls — Recommendation Requested Per City Code 1325.06, there are general categories that determine the number of parking spaces that would need to be provided, but a car wash as a principal use is not specifically identified. Therefore, the following provision would apply based on the proposed use: • Uses Not Specifically Noted — As Determined by the City Council after recommendation by Planning Commission (below is a similar land use category for reference) o Service Station — 3 for each enclosed bay and 1 for each employee The proposed plan would consist of a one-story car wash tunnel building of approximately 5,400 square foot exterior drive -through car wash. The Applicant is proposing 17 vacuum parking stalls in addition to four (4) employee parking stalls and one (1) maintenance vehicle parking spot. From the concept review comments, the Applicant has reduced one (1) of the vacuum stalls and added two (2) parking stalls to their site plan. The Applicant states that there is a Reciprocal Easement Agreement with the property at 3737 Lexington Avenue North that allows the Subject Property to access and park up to 19 vehicles. Their narrative states that customers utilize the vacuum stalls to park and vacuum their vehicles before or after a wash. With no retail sales or an interior wash option, customers have little need to enter the building and the turnover of the vacuum stalls is expected to be frequent. The Planning Commission may provide a recommendation to the City Council for approval of the parking plan as presented. I. Pedestrian and Bicycle Circulation — Meets Requirements Section 1325.05 Subd. 8, P states new building construction shall include construction of a minimum of six (6) foot concrete sidewalk adjacent to or in all right-of-way. The Applicant has indicated they will comply with this requirement. There is an existing sidewalk along Lexington Avenue from the Lexington Avenue Public Road Improvement Project with which the Applicant intends to connect. The Applicant is proposing a bicycle rack/bicycle parking as part of this development. City Code Section 1325.05 Subd, 8, Q does require one (1) space for every 20 parking spaces. Commercial developments are required to have a minimum of two (2) bicycle parking spaces. J. Freestanding Signs — Flexibility Requested The Subject Property is located in Sign District 5. Properties in Sign District 5 are allowed one (1) freestanding sign measuring up to 100 square feet in copy area and not exceeding 16 feet in height. Freestanding signs shall be located at least five (5) feet from any property line. Sign copy area is defined as the area in square feet of the smallest rectangle, circle, or triangle that contains the sign copy. The Applicant is proposing a monument sign along Lexington Avenue as shown on the site plan in compliance with setbacks requirements. The proposed internally illuminated Page 9 of 16 freestanding sign is 12 feet in height and has a total sign copy area of approximately 77.5 square feet. Also, the total area of a freestanding sign shall not exceed 1.5 times the permitted sign copy area of said sign which would be 116.2 square feet for this application. The proposed freestanding sign has a total area of 168 square feet. Sign materials are noted to be consistent with building materials and base materials will be brick. The sign plans are shown in Attachment G. The Applicant's sign plans include three freestanding auxiliary signs. The city code defines an auxiliary sign as "a sign that provides direction for internal circulation, parking or entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs do not include outdoor advertising signs." The sign ordinance specifies that an auxiliary sign shall not be larger than eight (8) square feet and that more than two (2) signs per site requires Planning Commission review and City Council approval. The proposed signs are approximately 3.5 square feet each with internal illumination. Auxiliary signs under the sign code may not be illuminated. The Applicant states that these freestanding auxiliary directional signs are provided to serve a regulatory purpose and facilitate safe navigation throughout the site. As the site shares a driveway with the property to the north and vehicles are circulating the site, the Applicant states that it is important that the signage is illuminated and visible to allow customers safely navigate the site. Master Sign Plan Site Plan Id- _ - it _ .... --- - _ --- 1:�.-� I� •,= Z I I I I • _ ♦ .v Other auxiliary signage the Applicant is asking the Planning Commission to consider is located on the canopy above the point of sale islands. These signs are all noted to be nonilluminated and between 9.75 and 12 square feet. The Applicant states that these signs are interior facing and are Page 10 of 16 not visible from the public right of way. The canopy signs are provided to efficiently move vehicles through the pay stations and help keep vehicles flowing and prevent potential backups. K. Wall Signs — Flexibility Requested Properties in Sign District 5 are allowed wall signs up to 80 square feet. The Applicant is proposing two (2) internally illuminated 57.4 square foot wall signs to be located on the tower, one on each of the north and east elevations. The sign plan also shows an "exit" wall sign on the exit of the car wash tunnel with a sign copy area of 8.4 square feet that would be illuminated. The total proposed wall signage is 123.2 square feet. The signage plans are shown in Attachment G. The sign plan includes two graphic signs. The city code defines a graphic sign as "a sculpture attached to or sign painted directly on a wall that is primarily symbolic or representational in nature and not alpha or numeric in content or copy." The sign ordinance permits graphic signs in Sign District 5 at a maximum size of up to 25% of wall area and with external illumination. The signage plan shows two 20 square foot graphic signs that are internally illuminated. L. Drive-Thru Facilities — Requirements to be Reviewed Section 1325.04 of the Zoning Code lists additional requirements for the review of drive -up facilities and automobile service stations. The Subject Property has most recently been used as a drive -up facility. The Applicant is proposing a drive-thru component as part of the car wash design. The Planning Commission as part of the land use application review shall require the following conditions to be met in determining site suitability for a drive -up windows and automobile service stations: A. The operation consists of one or more drive -up windows and is an integral part of a building containing one or more other allowed uses, or the operation is part of an architecturally unified complex containing two or more businesses using drive -up windows. B. Shared access drives and shared parking are utilized by all such businesses using drive -up windows in said building or complex. C. Only one building or architecturally unified complex containing two or more businesses using drive -up windows will be allowed in addition to one freestanding business using a drive -up window. D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function of the complex or building. E. An architecturally unified complex may consist of one or more buildings on one or more parcels if the intent of providing a unified appearance and function is not compromised. F. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non -motorized movements, specifically pedestrian and bicyclists. Customers enter the Subject Property car wash on the east side of the property and are routed to queue on the west side of the property into three (3) point of sale islands before entering the car wash tunnel. Customers leaving the car wash tunnel are exiting on the east side and oriented to the north with the option to use one of the self-service vacuum stations or to exit the Subject Property. City code states "electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within 50 feet of any adjacent lot regardless of use or zoning district." The Applicant as part of this application review is not seeking approval of any electronic devices as part of their drive-thru point of sale island design. Customers without unlimited memberships will be served by a customer service representative when they reach the front of the queue. Renderings were provided in their application of payment stations, gate arms, and unlimited membership scanners included as Attachment H. Page 11 of 16 3. Traffic Study and Site Circulation — Flexibility Requested The site currently has one access point to the Subject Property along Lexington Avenue and no changes are proposed to the current configuration. The access point provides for a divided entry with a center island, allowing for one entry lane for entering from the north on Lexington Avenue and one exit lane for exiting to the south on Lexington Avenue. The access point is shared with 3757 Lexington Avenue through an easement agreement. Under Section 1325.04, Subd. 2 for additional requirements for Drive-Thru Facilities, the city code requires access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center island may meet the requirements of this provision. Also, there will be 3 queueing lanes that can each accommodate up to 4 cars behind the payment stations. An additional five (5) vehicles could queue in front of the payment stations for a total stacking capacity of around 17 vehicles. A traffic study has been prepared (see Attachment K for summary section of report). The traffic report compares the current car wash proposal to a comparable Mister Car Wash location in Columbia Heights, MN on Thursday, April 21, 2022. The memo dated December 12, 2023 prepared by Kimley Horn notes that the redevelopment of the site to Mister Car Wash is expected to generate approximately 1,560 daily trips, 99 AM peak hour trips and 190 PM peak hour trips. Compared to the existing land use of Fast Food Restaurant, the proposed business is anticipated to produce a similar number of daily trips. Lastly, the Applicant was asked to demonstrate how larger trucks would maneuver internally and that pedestrian routes should be identified on the Subject Property. The Applicant did provide as part of their submission a plan illustrating vehicle and pedestrian movements. This plan sheet is included in the civil plans within Attachment D. The Public Works Director/City Engineer and Fire Marshal are still reviewing this application and have yet to provide formal comments. 4. 1355.04 Procedural Requirements for Specific Applications A public hearing for a CUP and PUD request is required before the request can be brought before the City Council. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. Upon completion of the public hearing and its study and consideration of the application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the City Council. Plan Evaluation Summary The table below provides the performance standards for the B-3 District and the preliminary analysis for the proposed development: Ordinance Maximum Floor Area Ratio (FAR) B-3 0.8 0.10 Maximum Building Height 35 feet Tower — 35 feet Building — 25.75 feet Maximum Structure Coverage 40% 10% Minimum Landscape Lot Area 25% 34.08% Minimum Front Yard Setback 50 feet Lexington Avenue — 80.8 feet Minimum Rear Yard Setback 20 feet North Property Line — 52.7 feet West Pro erty Line — 224.8 feet Minimum Side Yard Setback 20 feet (min)/ 40 feet total)20 feet and 52.7 feet/72.7 feet (total) Building Positioning At Front Setback = 50 feet Building = 80.8 feet Page 12 of 16 Minimum Parking Requirements Car wash - 5 parking spaces Recommendation from PC 17 vacuum stalls Off -Street Parking Setbacks 20 feet from ROW 63.8 feet Building Fagade Transparency 50% transparency at front Seeking flexibility Building Materials 75% brick, tile, natural Seeking flexibility stone, decorative concrete, transparent glass or any combination thereof Lighting Other lighting colors may Rooftop yellow accent lighting be considered during the City review process Screening/Fencing Fencing/Planting west and Planning Commission to review south property lines proposed fencing Landscaping Perennial/Shrubs/Planting Seeking flexibility Islands Landscaping 106.5 caliper inches On -site — 44 inches Off -site — 63 caliper inches or in lieu of payment Landscaping Boulevard Trees - 3 Boulevard Trees — 3 and Island Trees - 2 and Island Trees - 2 Pedestrian and Bicycle Circulation 6 foot sidewalk & Bike Lexington Avenue — Rack 6 foot sidewalk Bike Rack — 1 Drive-Thru Access Requirement Access to public streets 1 access (divided entry with a center from 2 points island Freestanding Sign — Total Sign Area 116.2 square feet +/- 168 square feet Auxiliary Signs Nonilluminated Illuminated Max. 8 square feet Up to 12 square feet Wall Signage Sign District 5 123.2 square feet Max. 80 square feet Graphic Sign Sign District 5 Internally illuminated (Max. 25% of wall, externally illuminated Additional Review Building Official The Building Official has reviewed the plans and has no additional comments at this time. A Building Permit will be required prior to any construction taking place. Public Works Director/City Engineer The Public Works Director/City Engineer is currently reviewing the plans. Draft conditions at a minimum have been included on standard PW/Engineering permit requirements. Fire Marshal The Fire Marshal is currently reviewing the plans. No additional conditions have been included at this time. Ramsey County Ramsey County is currently reviewing the plans. No additional conditions have been included at this time. Findings of Fact Page 13 of 16 The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: I. The property located at 3751 Lexington Avenue N. is designated for Commercial uses on the 2040 Comprehensive Plan. 2. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 3. For proposals for new construction, redevelopment of a site, and significant modifications to existing sites a PUD is required. 4. The PUD process allows for flexibility within the City's regulations through a negotiated process with a Developer. 5. The Applicant has proposed a Master and Final Planned Unit Development for the development of one approximate 5,400 square foot exterior drive -through car wash on the Subject Property. 6. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 7. Where the plan is not in conformance with the City Code, flexibility has been requested by the Applicant. 8. Flexibility through the PUD process has been requested in the following areas: landscaping, building positioning, building materials, transparency, drive -through facilities, lighting, and signage. 9. A public hearing for a Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Permit request is required before the request can be brought before the City Council. 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 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the findings of fact and the submitted plans, as amended by the conditions in the January 3, 2024 Report to the Planning Commission: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master and Final Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development for the exterior car wash. The Page 14 of 16 Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 6. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e ROW or access) prior to the start of any site activities. 7. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 8. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 9. Upon completion of grading and utility work on the site, a grading as -built and utility as - built shall be provided to the City for review. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 12. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. A separate zoning permit shall be required for a new fence on the site. 15. A separate sign permit shall be required for all signs on the site. 16. Any future trash and vacuum enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 18. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 19. The proposed structures shall conform to all other regulations in the City Code. 20. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. Page 15 of 16 • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 23- 024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the findings of fact and the submitted plans in the January 3, 2024 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial of Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table of Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N.: a specific reason and information request should be included with a motion to table. Public Comments Notice was published in the Pioneer Press on December 21, 2023. Notice was prepared by the City and mailed to property owners within 1,000 feet of the subject property. The City has not received any public comments regarding this case. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on December 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by February 11, 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. On December 18, 2023, the City provided the Applicant with written notification extending the review period to April 11, 2024 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the January meeting cycle. The Applicant confirmed receipt of this notification on December 18, 2023. Attachments A. Land Use Application B. Location Map C. Narrative D. Civil and Landscape Plans E. Architectural Plans F. Lighting Plan G. Signage Plan H. Canopy Renderings I. Vacuum Station Plans and Photos J. Site Photos with Roof Lighting K. Traffic Study L. Snow Storage Plan Page 16 of 16 ARDEN HILLS PLANNING COMMISSION January 3, 2024 Attachment O 3 DRAFT Chair Vijums opened the meeting for public comments. There were no comments from the public. Chair Vijums opened the floor to Commissioner comments. Commissioner Mitchell commended the residents for working to take action to address the ice problems on their property. She indicated she supported the proposed request. Commissioner Bjorklund agreed, stating the proposed changes would not adversely impact the neighborhood, nor would sightlines be impacted. Commissioner Erler explained he supported the addition and commended the applicant for thinking through the proposed plans. Commissioner Blilie stated she supported the proposed addition. Chair Vijums asked why a variance was necessary if the proposed addition met the requirements for a covered front porch according to the City Code. Senior Planner Fransen stated that because the property is nonconforming, and the addition did not meet the requirements in the code section for the expansion of nonconforming dwellings, a variance was required. The requirements for a covered porch still applied but did not exempt the proposed addition from the requirements that must be met for the permitted expansion of a nonconforming dwelling. Chair Vijums commented he also supported the proposed variance and addition for the applicant. He asked if the architecture of the addition would match or complement the home. Senior Planner Fransen stated the homeowner's intent was to incorporate the addition into the existing facade. Eric Mann, Plekkenpol Builders, reported it was his intent to use the same exterior building materials that were on the house. He noted the addition would be integrated into the home with the same colors. Commissioner Mitchell moved and Commissioner Bjorklund seconded a motion to recommend approval of Planning Case 23-023 for a Variance to construct a covered front porch addition at 1666 Oak Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the January 3, 2024, report to the Planning Commission. The motion carried unanimously (6-0). B. Planning Case 23-024; 3751 Lexington Avenue North — Mister Car Wash - Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review — Public Hearing ARDEN HILLS PLANNING COMMISSION January 3, 2024 4 Senior Planner Fransen stated the Applicant has submitted a land use application for Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 1.26-acre site located at 3751 Lexington Avenue N. The Subject Property is currently owned by CS&M Arden Hills LLC and the building was previously occupied by Arby's restaurant which closed in early 2023. The Applicant is proposing to demolish the existing building and redevelop the site. Senior Planner Fransen explained the Applicant is proposing a one-story car wash tunnel building of approximately 5,400 square feet as well as 17 parking stalls with vacuums for self - serve use. The car wash proposal also includes two detached accessory structures for an attendant shelter and canopy as part of the drive -through design. The Applicant presented a concept plan at the City Council Work session on November 27, 2023. Councilmembers provided feedback on the building appearance and materials, parking, landscaping, lighting, fencing and other items. This commercial corridor includes Red Fox and Grey Fox roads and is bounded by Lexington Avenue, Highway 51, Interstate 694, and the Canadian Pacific railway. This area is used by a number of small and large businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. This area was largely developed between the 1950s and 1970s, though the retail area along Lexington Avenue has had some new development and redevelopment in the last 15 years. This area is marked as an area of possible redevelopment in 2040. Senior Planner Fransen reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: 1. The property located at 3751 Lexington Avenue N. is designated for Commercial uses on the 2040 Comprehensive Plan. 2. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 3. For proposals for new construction, redevelopment of a site, and significant modifications to existing sites a PUD is required. 4. The PUD process allows for flexibility within the City's regulations through a negotiated process with a Developer. 5. The Applicant has proposed a Master and Final Planned Unit Development for the development of one approximate 5,400 square foot exterior drive -through car wash on the Subject Property. 6. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 7. Where the plan is not in conformance with the City Code, flexibility has been requested by the Applicant. 8. Flexibility through the PUD process has been requested in the following areas: landscaping, building positioning, building materials, transparency, drive -through facilities, lighting, and signage. 9. A public hearing for a Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Permit request is required before the request can be brought before the City Council. ARDEN HILLS PLANNING COMMISSION — January 3, 2024 5 Senior Planner Fransen reviewed the motion options available to the Planning Commission for Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N.: 1. Recommend Approval with Conditions 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master and Final Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development for the exterior car wash. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 6. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e. ROW or access) prior to the start of any site activities. 7. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 8. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 9. Upon completion of grading and utility work on the site, a grading as -built and utility as built shall be provided to the City for review. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure ARDEN HILLS PLANNING COMMISSION January 3, 2024 to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 12. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. A separate zoning permit shall be required for a new fence on the site. 15. A separate sign permit shall be required for all signs on the site. 16. Any future trash and vacuum enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 18. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 19. The proposed structures shall conform to all other regulations in the City Code. 20. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chris Campbell, Mister Car Wash representative, introduced himself and his organization to the Commission. He reported all stores are corporately owned and operated. He explained there were 27 Mister Car Wash stores in the Twin Cities and noted there were five under development. He reviewed the site plan in further detail and noted the restraints on the property. He described how vehicles would flow through the site, noting a wash takes approximately two to three minutes to complete. He thanked the Commission for considering his request and stated he was available for comments or questions. Chair Vijums opened the public hearing at 7:34 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 7:34 p.m. Commissioner Blilie reported another car wash would be located one lot south of this property. She wanted to make the applicant aware of this and noted she had no problems with the proposed plans. ARDEN HILLS PLANNING COMMISSION January 3, 2024 7 Chair Vijums stated he wondered why two car washes would want to be located side by side on Lexington Avenue, given this was a high demand area. He believed the City Council should take into consideration how valuable these two properties were along Lexington Avenue and questioned if both properties should have car washes. Commissioner Erler agreed with these comments and wondered if two car washes on Lexington Avenue was a good use of land and was this something that fit with what the community wants and the City's long-term planning goals. Commissioner Mitchell explained the free market makes those decisions and she supported the developer being able to make this investment based on the market research they have conducted. She stated this was a well thought through plan. Chair Vijums commented his concern was that revenue projections may not come out as expected for both car washes and he did not want additional unoccupied buildings along the Lexington Avenue corridor. He stated that he wanted the City Council to take this into consideration. Commissioner Bjorklund stated he was concerned with the location of the proposed parking spaces. He understood there was an agreement in place, but he wanted to better understand how these spaces would be dedicated. Mr. Campbell explained it was not his intent to need to use the additional spaces. He stated the during the City Council work session, the Council was concerned the site did not have adequate parking. He noted the original site plan had 18 vacuum stalls and three employee parking spaces. He reported this has since shifted to 17 vacuum stalls and five employee parking spaces. He indicated he would typically have three employees working at a time. He believed that all of the parking could be maintained onsite and the additional 19 spaces were a bonus. He reviewed the location of the additional parking spaces in further detail with the Commission. Commissioner Bjorklund stated he would like to add a condition for approval showing these additional 19 spaces on the site plan. Mr. Campbell stated he could provide this information to City staff. Commissioner Bjorklund commented further on how a condition for approval should be considered to address the Commission's concern regarding the fact there would be two car washes next to each other. Commissioner Collins stated he believed this was outside the Commission's purview. He noted the Commission was tasked with reviewing the merits of this planning case and explained the proposed use for this property was secondary. He stated that he did not think both car wash businesses would proceed and that one might self-select out, leaving the Planning Commission to review a different application for one of the sites in the future. Chair Vijums reported this was correct. He stated the observations of the Commission will be noted for the record and the City Council will be made aware of these voiced concerns. He indicated this was the best the Commission could do at this time. ARDEN HILLS PLANNING COMMISSION January 3, 2024 8 Commissioner Erler questioned if the applicant had a materials board available for the Commission to review. He stated he would like to see the veneer product that would be used on the building. Mr. Campbell provided a materials board to the Commission for their review. Commissioner Erler reported this property would have a large amount of illuminated signage. He indicated he could support the ground signage, but suggested the size and scale of the wall signs be reconsidered as well as the tube lighting on the building. Senior Planner Fransen noted the yellow tube lighting did not meet City requirements due to the proposed color and would require additional consideration. Chair Vijums asked if any other businesses in Arden Hills had similar lighting stretched across the top of its building and does Arden Hills want this look going forward. Senior Planner Fransen explained staff reviewed recent examples and noted there was a property that went through a PUD process and the proposed tube lighting on the canopy was not allowed though tube lighting on the principal structure was approved through a PUD amendment. She stated this information indicated that there was not a clear opinion on if this material would be approved. Chair Vijums asked the Applicant if other cities have allowed the yellow tube lighting. Luke Kittly, Director of Operations for Mister Car Wash, explained the Mister Car Wash in Hudson, Wisconsin is located along I-94. He stated the City of Hudson determined the tube lighting would not be allowed, given the heavy levels of traffic along I-94. He reported he has been successful installing this lighting at all other locations as it is a signature of the brand. He mentioned that there could be some flexibility with the use of the tube lighting. Commissioner Collins stated all lighting on the site was to be downlit or shoebox. He reported the tube lighting was not either of these, rather it was part of the business's signage. He inquired if the City's sign code should be amended to address this type of lighting. He asked about the Commission's consideration of the proposed color of the lighting. He noted if this was a Holiday Station, they would be requesting blue lighting from the City. Senior Planner Fransen stated she interpreted this comment to mean that there could be more guidance for tube lighting in the City Code to determine if it is considered lighting, signage, or building materials. She shared that the Planning Commission could consider if this type of lighting is recommended based on the site characteristics and the location of the site. Commissioner Mitchell noted this lighting was part of their branding. She explained she would hate to have the applicant put up their building without all of their branding in place because the building would look less than in Arden Hills. Chair Vijums offered that the City may consider the design of buildings on Lexington Avenue. He did agree that the proposed yellow lighting was not a helping light but rather a branding light. ARDEN HILLS PLANNING COMMISSION January 3, 2024 9 Commissioner Bjorklund stated he considered the lighting to be signage which would increase the total wall signage requested by the Applicant. He expressed concern with how a precedent could be set if the City allowed this type of lighting for a new business. Commissioner Blilie offered that she would be ok with two car washes back to back and that she would grant the flexibility as the overall look was pleasing and aligned with the brand. Chair Vijums summarized the comments from the Commission stating it appears the Commission could support the lighting, possibly reduced, noting the yellow lighting was for branding purposes and should be allowed. Commissioner Collins asked staff to confirm what flexibility was being requested on the building transparency. Senior Planner Fransen reported the Applicant was proposing the use of vision and spandrel glass, with spandrel glass requiring flexibility to be considered as part of the total transparency. She indicated that the Applicant included additional vision glass on the other elevations as well. Commissioner Collins asked about the flexibility for exterior building materials. Senior Planner Fransen stated City required 75% of a building's exterior to be constructed with preferred materials. She indicated the building was proposed to be a brick and stone veneer which was not listed as a preferred material. Commissioner Collins questioned what the problem was with the proposed fence based on the Code evaluation. Senior Planner Fransen stated the proposed building material for the fence did not fall within the City's list of recommended materials which include finished and treated wood, brick, stone and wrought iron. She reported the applicant was proposing to use a composite material for the fence. Commissioner Collins discussed how vehicles would enter and exit this site when Arby's was operational and noted he supported the entrance/exit remaining the same for the proposed car wash. Chair Vijums indicated he supported the location of the building as proposed. He explained he drove through the site today and it had a deep lot. He commented further on how traffic would flow in and through the site. He stated the Commission approved the use of a veneer facade for the Crew Car Wash. He commented on how building materials were evolving and noted the City Council may have to update its zoning code to allow for additional building and screening materials. He supported this item moving forward as is and noted the Council would have the final say when it came to the signs/tube lighting. He commended the applicant for bringing forward a strong proposal noting they had made good use of this site. ARDEN HILLS PLANNING COMMISSION January 3, 2024 10 Commissioner Bjorklund asked that Condition 21 be added to the recommendation for approval requiring the applicant to identify the plan for the additional 19 parking spaces on the site plan. The Commission supported this recommendation. Commissioner Biorklund moved and Commissioner Collins seconded a motion to recommend approval of Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit and Site Plan Review at 3751 Lexington Avenue North based on the findings of fact and the submitted plans, as amended by the conditions in the January 3, 2024, report to the Planning Commission with the addition of Condition 21 "The applicant shall provide a diagram of the 19 parking spaces provided for the site through the Reciprocal Easement Agreement" . The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council None. B. Planning Commission Comments and Requests Commissioner Bjorklund supported staff taking a look at how to address commercial development districts and economic issues. He stated other cities have bigger committees in place to consider redevelopment projects. Community Development Director Jagoe reported the City would be reviewing the zoning code and ordinances in 2024. She anticipated this would be a 12 to 18 month process and noted all of the zoning code ordinances would be updated and reviewed by the Planning Commission. Chair Vijums welcomed Commissioner Steve Erler to the Planning Commission. Chair Vijums read a prepared statement noting he had served as a Commissioner and Chair of the Planning Commission for several years. He stated he has cherished his time on the Planning Commission. He commented on the purpose of the Planning Commission which was to provide a recommendation to the City Council that was in the best interest of the community. He discussed how the recent Planning Cases have ruffled some feathers in the community. He believed his approach as the Chair has been to provide alternative perspectives, facts, experience and leadership. He noted he would continue to do this, but he would be doing this in a different capacity. He reported at the end of this meeting he would be resigning as the Chair and from the Planning Commission. He urged the Planning Commission to continue to do what was right for the community and to make Arden Hills the best place to live. Commissioner Bjorklund thanked Chair Vijums for his dedicated service to the City of Arden Hills. ADJOURN NEW BUSINESS —11A ,-AI�EN�HILLS MEMORANDUM DATE: February 12, 2024 TO: Honorable Mayor and City Councilmembers Dave Perrault, City Administrator FROM: Jessica Jagoe, Community Development Director SUBJECT: Planning Case #23-024 — Public Hearing Required Applicant: Mister Car Wash Property Location: 3751 Lexington Avenue N. Request: Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit and Site Plan Review Council Should Consider Motions to approve, table, or deny the following: • Planning Case 23-024 and the adoption of Resolution 2024-011 for the Mister Car Wash Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review for a proposed project on 3751 Lexington Avenue N. to allow for the site to be redeveloped with a one-story car wash tunnel building, approximately 5,400 square foot conveyor -type, stand-alone exterior drive -through car wash. Approval of a PUD requires an affirmative vote offour councilmembers. Background The Applicant has submitted a land use application for Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review, proposing to redevelop a 1.26-acre site located at 3751 Lexington Avenue N. The Subject Property is currently owned by CS&M Arden Hills LLC and the building was previously occupied by Arby's restaurant which closed in early 2023. The Applicant is proposing to demolish the existing building and redevelop the site. The Applicant is proposing a one-story car wash tunnel building of approximately 5,400 square feet as well as 17 parking stalls with vacuums for self - serve use. The car wash proposal also includes two detached accessory structures for an attendant shelter and canopy as part of the drive -through design. The Applicant presented a concept plan at the City Council Work session on November 27, 2023. Councilmembers provided feedback on the building appearance and materials, parking, landscaping, lighting, fencing and other items. Page 1 of 5 Requested Action 1. Planned Unit Development A Planned Unit Development (PUD) is required for all new development and redevelopment in the B-3 District. In addition, a PUD would allow for performance standard flexibility. This proposal involves both the initial Master Plan PUD and the Final PUD. 2. Conditional Use Permit In the B-3 District, a Conditional Use Permit (CUP) is required for Vehicle — Motorized Service which includes a car wash as a principal use since it provides "maintenance services" for motorized vehicles. Typical factors to consider in evaluation of the CUP request may be hours of operation, noise from equipment (washers, blowers and vacuums), lights from vehicles, and queuing of vehicles waiting for service. 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. Findings of Fact The Planning Commission reviewed this application at their January 3, 2024 meeting and have offered the following findings of fact for your consideration: 1. The property located at 3751 Lexington Avenue N. is designated for Commercial uses on the 2040 Comprehensive Plan. 2. New building construction or site modification identified requires the submittal of a Site Plan Review application prior to construction. 3. For proposals for new construction, redevelopment of a site, and significant modifications to existing sites a PUD is required. 4. The PUD process allows for flexibility within the City's regulations through a negotiated process with a Developer. 5. The Applicant has proposed a Master and Final Planned Unit Development for the development of one approximate 5,400 square foot exterior drive -through car wash on the Subject Property. 6. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 7. Where the plan is not in conformance with the City Code, flexibility has been requested by the Applicant. Page 2 of 5 8. Flexibility through the PUD process has been requested in the following areas: building positioning and signage. 9. A public hearing for a Master Planned Unit Development, Final Planned Unit Development, and Conditional Use Permit request is required before the request can be brought before the City Council. 10. The Planning Commission conducted a public hearing on January 3, 2024. Options and Motion Language The Planning Commission reviewed this application at their January 3, 2024 meeting. At that time, they recommended approval with conditions of the Mister Car Wash application for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review by a 6-0 vote. The Planning Commission added a condition that the Applicant provide documentation of the 19 additional parking spaces available to the site through a reciprocal easement agreement. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to approve Resolution 2024-011 and Planning Case 23- 023 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the findings of fact and the submitted plans, as amended by the conditions in the February 12, 2024 Report to the City Council: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master and Final Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development for the exterior car wash. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 6. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including Page 3 of 5 but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e ROW or access) prior to the start of any site activities. 7. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 8. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 9. Upon completion of grading and utility work on the site, a grading as -built and utility as - built shall be provided to the City for review. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 12. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. A separate zoning permit shall be required for a new fence on the site. 15. A separate sign permit shall be required for all signs on the site. 16. Any future trash and vacuum enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 18. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 19. The proposed structures shall conform to all other regulations in the City Code. 20. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. 21. The Applicant shall provide a diagram of the 19 parking spaces provided for the site through the Reciprocal Easement Agreement. 22. Prior to the issuance of a grading permit, all items identified in the February 12, 2024 Engineering Division memo including the review comments noted on the plan sheets shall be addressed. All comments shall be adopted herein by reference. 23. Applicant shall be responsible for addressing Ramsey County review comments as noted in the February 12, 2024 report to the City Council. • Approval as Submitted: Motion to approve Resolution 2024-011 and Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the findings of fact and the submitted plans in the February 12, 2024 Report to the City Council. Page 4 of 5 • Denial: Motion to deny Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N., based on the following findings: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table of Planning Case 23-024 for a Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review at 3751 Lexington Avenue N.: a specific reason and information request should be included with a motion to table. Deadline for Aizency Actions The City of Arden Hills received the completed application for this request on December 14, 2023. Pursuant to Minnesota State Statute, the City must act on this request by February 11, 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. On December 18, 2023, the City provided the Applicant with written notification extending the review period to April 11, 2024 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the January meeting cycle. The Applicant confirmed receipt of this notification on December 18, 2023. Attachments A. Resolution 2024-011 B. City Council Presentation Page 5 of 5 Attachment A it EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-011 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE SUBJECT PROPERTY AT 3751 LEXINGTON AVENUE N WHEREAS, City Staff received a complete land use application for 3751 Lexington Avenue N. ("Subject Property") as part of a Final Planned Unit Development for a Conditional Use Permit on December 14, 2023; WHEREAS, the Subject Property is located in the B-3 — Service Business Zoning District and is guided as Commercial in the Land Use plan; WHEREAS, a Conditional Use Permit is required for a vehicle -motorized service in the B-3 Zoning District; WHEREAS, the Applicant has requested as part of the Final Planned Unit Development a Conditional Use Permit in order to allow a vehicle -motorized service for a standalone drive - through car wash; 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 duly held a public hearing on January 3, 2024. 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 recommending approval with conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2024-011 approving Planning Case 23-024 for a Final Planned Unit Development with a Conditional Use Permit at the Subject Property 3751 Lexington Avenue N. to allow vehicle -motorized service for a standalone drive -through car wash. 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. 1 BE IT FURTHER RESOLVED that City Council approves Planning Case 23-024 for a Final Planned Unit Development with a Conditional Use Permit on the Subject Property 3751 Lexington Avenue N., based on the findings of fact and the submitted plans in the February 12, 2024 Report to the City Council, as amended by the following conditions: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. The Master and Final Planned Unit Development approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 3. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the permit. 4. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development for the exterior car wash. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 5. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 6. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e ROW or access) prior to the start of any site activities. 7. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit. 8. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and City Planner prior to the issuance of a grading and erosion control permit or other development permits. 9. Upon completion of grading and utility work on the site, a grading as -built and utility as - built shall be provided to the City for review. 10. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 11. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary stormwater facilities shall be installed to protect the quality aspect of the proposed and 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. 2 existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 12. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 13. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 14. A separate zoning permit shall be required for a new fence on the site. 15. A separate sign permit shall be required for all signs on the site. 16. Any future trash and vacuum enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 17. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 18. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 19. The proposed structures shall conform to all other regulations in the City Code. 20. The Applicant shall provide a copy of the Stormwater Management Report and verification of Rice Creek Watershed approval prior to the approval of Development Agreement. 21. The Applicant shall provide a diagram of the 19 parking spaces provided for the site through the Reciprocal Easement Agreement. 22. Prior to the issuance of a grading permit, all items identified in the February 12, 2024 Engineering Division memo including the review comments noted on the plan sheets shall be addressed. All comments shall be adopted herein by reference. 23. Applicant shall be responsible for addressing Ramsey County review comments as noted in the February 12, 2024 report to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th DAY OF FEBRUARY, 2024. 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