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Mayor: Address: David GrantIt 1245 W Highway 96 Arden Hills MN 55112 -A HILLS Councilmembers: EN Phone: Brenda Holden 651-792-7800 Emily Rousseau Regular City Council Tena Monson Website: Tom Fabel Agenda www.cityofardenhills.org October 28, 2024 7:00 p.m. City Hall 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. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City's website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://cityofardenhills.orci/320/Watch- City-Meetings This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. TCAAP/Rice Creek Commons Update Jessica Jagoe, Interim City Administrator 3. PUBLIC INQUIRIES/INFORMATIONAL 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 COM NTS 6.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEM PDF 6.B. Elections Update Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEM PDF 7. APPROVAL OF MINUTES 7.A. October 14, 2024 City Council Work Session Documents: 10-14-24-WS.PDF 7.B. October 14, 2024 Regular City Council Documents: 10-14-24-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 8.13. Motion To Approve 2024 3rd Quarter Financials Joua Yang, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 8.C. Motion To Approve Interim Policy Extension (Dress For Your Day And Flexible Scheduling) Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF 8.D. Motion To Approve North Suburban Access Corporation Professional And Technical Services Agreement Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.E. Motion To Approve Resolution 2024-047 Appointing Eva Acosta To The Parks, Trails And Recreation Committee (PTRC) As A Youth Committee Member Matthew Johnson, Recreation Supervisor Documents: MEMO.PDF ATTTACHMENT A.PDF 8.F. Motion To Approve Resolution 2024-048 Accepting Donation From The Arden Hills Foundation For The Flashlight Pumpkin Hunt Matthew Johnson, Recreation Supervisor Documents: MEMO.PDF ATTACHMENT A.PDF 8.G. Motion To Acknowledge The Application Of Ducks Unlimited North Suburban Chapter 239 For An Exempt Permit To Conduct A Raffle With The Event Being January 25, 2025, With No Waiting Period Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.H. Motion To Approve Resolution 2024-049 Revoking CSAH Designation On New Brighton Road David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.1. Motion To Approve Contract For Water Services With The City Of Roseville David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.J. Motion To Approve Professional Services Agreement Amendment No. 2 With SRF Consulting - MnDOT Safe Routes To School Grant Application And Program Management - Old Highway 10 Trail Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.K. Motion To Authorize Purchase And Installation Of Playground Equipment At Freeway Park And Purchase Of Additional Equipment For Arden Oaks Park David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 81. Motion To Approve Payment No. 3 - Hydro-Klean, LLC - 2024 CIPP Lining Project Lucas Miller, Assistant Public Works Director 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. Ordinances For Implementation Of Electric Franchise Fees And Renewal Of Existing Electric And Gas Franchise Agreements Joua Yang, Finance 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 10.13. Planning Case 24-016 - Planned Unit Development Amendment And Site Plan Review - Elegant Event Center - 3776 Connelly Avenue T.J. Hofer, Bolton & Menk 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 11. NEW BUSINESS 11.A. Franchise Fees Ordinance 2024-012 Approving New Electric Franchise Fees and Authorizing Publication of Summary Ordinance Ordinance 2024-013 Approving an Electric Franchise Agreement (Construct, Operate, Repair and Maintain Electric Distribution Systems in Arden Hills) and Authorizing Publication of Summary Ordinance Ordinance 2024-014 Approving a Gas Franchise Agreement (Construct, Operate, Repair and Maintain Gas Distribution System in Arden Hills) and Authorizing Publication of Summary Ordinance Joua Yang, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF 11.13. Resolution 2024-050 Approving A Planned Unit Development Amendment And Site Plan Review - Elegant Event Center - 3776 Connelly Avenue T.J. Hofer, Bolton & Menk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN STAFF COMMENTS - 6A '!Tt -fi II�)EN_ HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 STAFF COMMENTS - 6B '!Tt -fi II�)EN_ HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Elections Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 w -ARDEN HILLS Approved: October 28, 2024 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION OCTOBER 14, 2024 5:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL DRAFT Pursuant to due call and notice thereof, Mayor David Grant called to order the City Council Work Session at 5:30 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau Absent: None Also present: Interim City Administrator Jessica Jagoe; Finance Director Joua Yang; Public Works Director/City Engineer David Swearingen; Assistant Public Works Director, Lucas Miller and Assistant to the City Administrator/City Clerk Julie Hanson 1. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson 3327 North Snelling Avenue - He wants to address the issue of franchise fees. He thinks some of the tables in the agenda are not correct in how the calculations were done and how the comparisons were made. He spoke to Finance Director Yang but couldn't resolve the issue. First item is the survey conducted by Arden Hills' residents, which is not a legitimate survey. That should have nothing to do with determining whether Arden Hills' residents want a franchise fee. It wasn't a scientific survey with a randomized group of participants. He thinks the survey was a meaningless exercise. His second point is there is a table in the packet that talks about the revenue requirement for bonding. For a 15-year bond that comes to $395,000 annually. The bottom of the table talks about raising a revenue requirement of $395,000 for residents. That is not a good way to go about this because homeowners pay up to 40% of the income tax that is raised in Arden Hills. The third point is the franchise fee is a regressive tax. If you take the 1,454 homes that fall within or below the median market value, they will end up paying 55% of the franchise fees. The 1,195 homes valued above the median market value would pay 45% of the franchise fees. So the people who are most able to pay for increased taxes are not the people who will pay the majority of these increases. This is especially evident if you compare the franchise fee monthly increase with property tax increase for manufactured housing. His final point is, if the expectation was that non-profit franchise fee revenue would produce a significant amount of revenue, it's not true. If the table reflects accurate estimates, Bethel and North Heights Lutheran Church will pay $3,348 ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 2 annually. That's the same amount that Land O Lakes or Boston Scientific would pay. He doesn't think it's right that a non-profit would pay the same as a large company in property taxes. It's not right. A franchise fee is not a good way to go if you want to increase revenue. A 15-year bond, financed through property taxes. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. Franchise Fee Discussion Update Mayor Grant welcomed Mike Wilhelmi from Xcel Energy. Mike Wilhelmi said he doesn't have anything new to present but is available to answer questions. Finance Director Yang continued the conversation regarding funding for the Lake Johanna Fire Department. The focus is specifically on the Preliminary 2025 General Obligation CIP Bond Schedule provided by Ehlers and Electric Franchise Fees rate options provided by Xcel Energy. Finance Director Yang reminded that at the September 23 Work Session, council directed staff to work with Xcel Energy to provide council with various rate options that align with Ehlers' bank qualified AAA BQ Bond schedules. It is difficult to predict where interest rates will land. However, based on anticipated federal interest rate conditions, the AAA bank qualified current rates would be the most likely scenario the city should anticipate. The Attachment B contains nine electric franchise fee rate options at the AAA bank qualified rates and corresponding revenue targets of $330,000, which is based on a 10-year bond; $395,000, which is based on a 15-year bond; and $542,000, which is based on a 20-year bond. Finance Director Yang said staff is seeking direction from council on what term or debt schedule council would like to move forward with. The fee options assume the residential properties are assessed a monthly fee between $2.50 and $4.25. Small C&I: Non -Demand properties are assessed a monthly fee between $3.25 and $5.75, and other property rates varying slightly. Attachment C provides a comparative analysis of the franchise fee and/or property tax increase and the impact to residential, manufactured home, apartments, and commercial properties under the $395,000 revenue target. Staff recommends adoption of the franchise fee rate structure no later than November of 2024. That timing is crucial to allow Xcel Energy enough time to meet Public Utilities Commission requirements of 90-days and to ensure cash is available to cover the first debt service payment in February of 2026. A public hearing for adoption of the ordinance is not required. During the September 23 work session, council consensus was not to hold a public hearing but rather add the topic as a new business item to include the steps council took to inform residents of the process. Finance Director Yang said the second item staff seeks direction on is the new business item at the October 28 meeting. What additional thoughts, if any, should staff consider? ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 3 Finance Director Yang said Mike Wilhelmi can help answer any specific questions regarding rate options, structure or implementation. Mayor Grant asked if the options provided are the only options. Mike Wilhelmi said the council has a wide variety of options. These options were selected based on previous discussions. He noted Option B in each of the scenarios is a neutral option for rate payor types. Option A will place more of the burden toward the large C&I customers. Option C would be residential customers paying more of the overall burden. He noted each option produces about the same revenue. These were the options he chose to present. Xcel Energy has no position on if franchise fees should be used or on the amounts. Mayor Grant asked if the option would have to be approved by the Public Utilities Commission (PUC). Mike Wilhelmi said when the City and Xcel reach an agreement it will need to be filed with the PUC. That would give them the authority to levy the taxes on behalf of the City. Then Xcel would collect the money and give it to the City on a quarterly basis. Councilmember Holden said it was brought up that non -profits are being asked to pay a majority of this. That was not the intent. She said Land O Lakes already pays property tax. She asked if 40% of their tax already goes towards police and fire. Finance Director Yang confirmed. Councilmember Holden said if Land O Lakes is already paying a big share for the fire department. She said North Heights isn't paying and Presbyterian Homes and Health Partners are big users of the fire department and don't pay anything. She said, knowing that the commercial properties already pay a large amount of their property tax towards the fire department, she doesn't have a problem with charging the non -profits a small amount for it. She's okay with the $3,000. Councilmember Rousseau said that was one of the reasons the decision was made to stick with funding just the fire department and not try to include bonding for the trails. This is separated differently than a tax levy is. This gives it a more even spread. She said previously there was interest in looking at a 15-year and hoping to pay it off early if Rice Creek Commons goes forward there would be more electric users. She is interested in talking about the 15-year under Option A-2 with the $395,000 every year. Councilmember Holden agreed. It's an extra half a million dollars going from a 15-year to 20- year, in interest alone. Mayor Grant said the 20-year is out of the question for him. The total interest on a 20-year is huge. He thinks we'd be better off to scale it back to 15 years, maybe even 10 years. Councilmember Monson is okay with the 15-year option. Her question is if the 15-year is selected, do we want to match the franchise fee to the payment, or do we want to have a higher franchise fee to help pay it off faster. If interest rates go down, refinancing could be an option. She supports Option A-2. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 4 Mayor Grant is concerned that we don't know what the fire department vision is going to cost. He thinks we'd be best off to make sure we are covered. He thinks Option A-3 is not out of the question. His second choice would be Option A-2. The fire station is estimated at $24 million. He looked at what the residential monthly impact is around $3.00 but if it was a property tax it would be $9.00. If we come up short, we'll have to go back and levy the amount equal to three times the amount of what you could have received had we scaled it up now. Councilmember Holden asked if he wanted to make sure we're covered because we don't know what the cost is. We can use the money to pay it early. Mayor Grant said according to Ehlers, we can refinance, but we're limited to 10-years. He stated the options are a little unclear. He said the options become really constrained, if the entire amount is not covered. He noted the cost is not going to go down, but it can go up. Councilmember Monson said the Fire Board believes it is between $20-$25 million. This is an estimate with the information we have. Mayor Grant said Option 3 at $542,000 seems to be too much. He would like to see an option somewhere between the $395,000 and $542,000. He remembers discussion where $3.86 would be $455,000. He thinks that seems to cover all options. Councilmember Rousseau asked if $50,000 equals about 1% levy increase. Finance Director Yang confirmed. Councilmember Rousseau said if the cost to build this was a little more, and we needed to go up to $4.20 every month that would be a 1% levy increase next year. Finance Director Yang confirmed. Councilmember Monson would be open to getting more franchise fees than what is bonded for to help pay it off early and for the reasons Mayor Grant discussed. Especially if the wait is 10 years before it could be refinanced. She would be open to an amount between the $395,000 and $542,000. Mayor Grant asked Mike Wilhelmi if that is possible. Mike Wilhelmi confirmed. He didn't think that would be a problem. He asked the council if they had a more specific number to target. Councilmember Fabel is opposed to the franchise fee. He said the City needs money for the expenses it has coming up. Borrowing money makes sense for that. It is appropriate to adequately cover the risk of additional expense. Mayor Grant said this would be a 15-year at 75 basis points with AAA rating. Having it based on $420,000. Maybe we want to go with $430,000. That would assume the $24 million. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 Councilmember Monson said using the $395,000, if we wanted a 10% cushion that would be $434,500. If we want to go down to 5% it would be $415,000. Mayor Grant said knowing that $15,000 doesn't go very far, knowing we're building a fire station, he would like to see the $435,000. Councilmember Holden asked when we have to bond. Finance Director Yang said it is May of 2025. Councilmember Holden asked when we'll get the bid back. Councilmember Monson said it should be sometime this spring. Before May, because that's when they are hoping to start construction. Councilmember Holden wondered if we bring in extra money, using the 5% or 10%, will we pay down the debt, that year. Or would we hang on to it another year. Her intent is if people are putting in money to pay for the fire station, we should use it to pay for the fire station that year. Whatever we bring in, in a year, should go towards paying the bond in that year. She understands we may be short one year but the interest savings would be significant. She wants to understand if the money will be spent in the year it was collected. Mayor Grant didn't think that decision needed to be made today. Councilmember Holden said if we're going to hang on to the money, in case we are short one year, she would prefer the 5%. But if the intent is to pay this down she would prefer the 10%. Every year we don't have to pay, is more money we aren't paying towards interest. Mayor Grant thinks the 10% option gives a little cushion in case it comes back too high, or if it doesn't quite cover. Councilmember Rousseau asked if all the money collected in the year, if it were higher, would it go towards the next year, if we were short. Finance Director Yang said it would not. Mayor Grant asked if a franchise fee could be structured for at 15-year period. Mike Wilhelmi said you could adjust this to any length. The agreement is 20-years but the fee agreement lives as long as you let it. If you just leave it alone it will be one rate for 20 years. If you want to come back and adjust it, you have the ability to do that. Mayor Grant said in our case, this is just for the fire department building. That's the only thing we're spending these funds on. He can't speak to what future councils may do, but the intent of this council is to use the money strictly for the fire station. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 6 Councilmember Holden said that in a 15 year period, they are going to want another fire truck for $1.5 million. Paying off this debt so that the levy pays for fire equipment is a priority. Then they won't have that extra fee so they can put the other money on the levy. Mayor Grant wanted confirmation that this council has agreed this fee will go for the building only. Councilmember Rousseau said that was her understanding from the beginning. Councilmember Monson said if we get payment early or we have money before the bonding that's required, she would expect that to go to the fire station and no other use. Councilmember Holden said she wasn't worried about another use, she doesn't want to hang on to money while paying interest. She thinks hanging on to the money because we may be short later, essentially loses the City money. Mayor Grant asked if we can use the fee schedule at Xcel to project the amount of money needed for the 15-year period. Finance Director Yang confirmed. Mayor Grant said there should be no surprises. Finance Director Yang confirmed. Councilmember Monson clarified we have a bond and a specific payment for that bond. We are going to raise franchise fees 10% above that amount for 15-years. If rates drop, we maybe won't need $395,000. She speculated if it was $375,000 as a requirement on the bond payment, would we only take an additional 10% over the $375,000 vs. $435,000 or do we have to set the number? Mayor Grant said we have to set the number. He wants to make sure that we are covered for the building. He realizes we might create a scenario where there is some extra money. He doesn't know if we can foresee that scenario, at this point. That may be a discussion for a future council 4 or 5 years out. Councilmember Fabel said the bond debt is to the bond holders. Bond holders are entitled to receive a certain amount of money every year, based under the contract. If there is more revenue coming in, than is required for those payments, we can't pay off the bond holders early and make that obligation go away. The debt will be structured in a way that is prescribed in advance. Mayor Grant said you can call a bond. He thinks this is a callable bond. Finance Director Yang confirmed. Mayor Grant said we could pay off the bond holder early. After 10 years, maybe before, you can refinance. We haven't really talked about that option. A bond holder who knows it can be refinanced for a shorter period of time might be less likely to buy the bond. So it could be more costly. Those decisions should be talked through with Ehlers. He agrees that the bond schedule is what it is. To cut it short, you can refinance but that's the bond holder's schedule. Mayor Grant said this is a work session to gather information with no final decisions being made. He thinks he heard three members agree with the $435,000. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 7 Councilmember Rousseau said she would be willing to do the $435,000, as well. Mayor Grant asked Mike Wilhelmi to adjust the information based on the $435,000. He asked for schedule timing. He thought they need to make this decision by the next council meeting. Interim City Administrator Jagoe confirmed. She said Finance Director Yang was also seeking confirmation that it should be a 15-year term. To allow for the 90-day review for the PUC, the debt service to be issued, and when the first payment is due. Council's schedule for approval of the ordinance and agreement would be at the next October meeting, to stay on track. Mayor Grant wanted clarification that there won't be a public hearing but there should be a chance for residents to give an opinion. Councilmember Monson said Council previously talked about messaging it that the preliminary tax levy didn't include this. So because it wasn't included in the preliminary tax, which would have added another $400,000 to the levy, we have to do a franchise fee. Mayor Grant agreed. He said Senior Communications Coordinator Cardona could put something on the website. There would be no official public hearing but residents could share their opinion during the council comments. Councilmember Monson thought she read it would be a New Business item on the agenda. Mayor Grant confirmed it would have to be a New Business to adopt something. Interim City Administrator Jagoe said if we did an official public hearing, we would separate that from the New Business item. So, there would be a memo with an action item for the public hearing, the council would open it for any comment and then we would go into the New Business item. The hearing is not required so we can just add it as a New Business item. The City is required to put notice of any ordinance, whether it's zoning or city code, 10 days in advance. So it would go out as a News Flash on the website. That's a requirement regardless if there is a public hearing or not. Councilmember Holden said we are no longer considering a public hearing because we can't change the tax levy at this time. Prior discussion was that this would be an informative thing where we could take public comment. We can't tell residents that we are considering this. The message needs to be what we did, how we came to the conclusion and why we are doing it. She thinks if a resident is against it and speaks their opposition it's unfair to say we already made up our minds. This needs to be explaining what we did, how we did it and why we did it. We need to let residents know we're open to hearing their comments, but this is what we had to do. Mayor Grant asked for clarification if Councilmember Holden is saying it needs to be a public hearing with a staff presentation in front of the public hearing. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 8 Councilmember Holden said no. This doesn't require a public hearing but residents can make their comments at any time. She thinks it will be residents asking questions about how Council chose the individual amounts. She wants it to be clear that this is not up for consideration. Mayor Grant said we are building the fire station. That's true. Councilmember Holden said we need to lay it out. We're building the fire station. We chose to do bonding. We chose to use franchise fees. Mayor Grant said we can have residents come up during the public comment section at the beginning of the meeting but then they won't have the information. His recommendation would be to do it as a public hearing. Staff would give a full presentation. Then anyone at the meeting will have all the information and then it can be opened for a public hearing. Councilmember Holden would like to make sure residents aren't coming in thinking this is up in the air and their comment may impact if it's a yes or no. We are beyond that. Councilmember Fabel said if there is strong opinion against the use of franchise fees, the alternative is to put off the fire department decision for a year. Mayor Grant thinks the cities of Shoreview and North Oaks would be against that option. Councilmember Holden said we have a contractual agreement that it will be built in 2025. Councilmember Monson said there is also some state bonding that needs to be used, but she isn't certain by what date. Interim City Administrator Jagoe understands that the cities will need to show their matching funds at the time that the state dollars are issued. That's usually when the permit is issued. So, the state dollars come in and the three participating cities need to show their matching dollars. Mayor Grant said that's when we show the sources and uses. Interim City Administrator Jagoe confirmed. Mayor Grant said putting it off a year is not possible. He summarized that Mike Wilhelmi will bring back $435,000 in a similar format as presented tonight with three ways to reach that $435,000. Councilmember Holden said we have agreed to the $435,000 and 15-years and now we are just needing to figure out how we get there. Mayor Grant confirmed. Councilmember Monson said Council is in agreement, but she thought it would be helpful to give Mike Wilhelmi a target residential rate. Is there a cap we don't want to go above for the residential fee? She would be fine staying at $3.50 but wouldn't want to go higher. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 9 Councilmember Rousseau said it's a 10% increase so residential could probably be held to $3.10 or $3.15. Mayor Grant said it needs to be a $0.25 increment. He thought $3.25 or $3.50 is okay. Councilmember Monson said we can also hold it at $3.00. Mayor Grant agreed we could hold it at $3.00 and that puts the rest back on the industrial and commercial. Councilmember Monson thought seeing a $3.00, $3.25 and $3.50 option is the way to go. Mayor Grant agreed. He said we don't have to make the decision here. He wondered if two weeks before the next meeting is possible. Mike Wilhelmi confirmed. Mayor Grant asked if Staff or Mike Wilhelmi need anything further from tonight's discussion. Interim City Administrator Jagoe said Staff is clear on the terms. She wanted to be clear that what was put on the website doesn't have to be the final rate. It's just a draft. She asked for clarification if Council would prefer a public hearing or just a New Business item with attachments and a memo that outlines the how and why background would suffice. Councilmember Rousseau asked if there can be another opportunity for the public to speak, responding to the public presentation. Mayor Grant said Council can set the agenda in any order we want. He said usually will encourage residents who are present for a public hearing to hold their comments until that item is discussed. The advantage is that Staff will probably answer some of the public's questions through the public presentation. Councilmember Monson thought the clearest way for people to understand that they can come for comment would be an official public hearing. She agrees with Councilmember Holden that it needs to be clear that the public hearing is informative. The public is welcome to make comments and ask questions. Interim City Administrator Jagoe reminded a public hearing is not required for this application. When a public hearing is required, a notice is printed in the newspaper. We are always required to post an ordinance on our website. She wondered if Council wanted Staff to notice in the paper, as well as on the website, or just on the website as is required for an ordinance. Councilmember Holden thought it was fairly cheap to place it in the newspaper. Assistant to the City Administrator/City Clerk Hanson said it would be less than $100. Councilmember Holden said she would have no problem with putting it in the newspaper. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 10 Councilmember Fabel asked if Mike Wilhelmi is familiar with the draft ordinance presented in the agenda packet. Mike Wilhelmi confirmed. It is Xcel's draft ordinance. Councilmember Fabel said the draft ordinance outlines Xcel will have authority over location facilities, field locations, street opening, and restoration. He wondered if they have that authority now. Mike Wilhelmi confirmed. They have statutory authority and there is a franchise agreement in place. This would be an update to that agreement. Councilmember Fabel stated that there isn't anything new here. Mike Wilhelmi said that because there are no existing franchise fees, they pay permit fees. Typically in cities where there are franchise fees, they ask to be excluded from permit fees and that is in there. Councilmember Fabel said the ordinance might suggest to residents that for the privilege of collecting a tax on behalf of the City, Xcel is getting this authority, is not true. Mike Wilhelmi confirmed. There is no additional authority granted with this ordinance. Interim City Administrator Jagoe said that with this council item on the 28th, there will be an update of the agreements, as well as, the renewal of the gas franchise agreement. The memo will outline what agreements exists today and what the changes will be. B. Adult Use Cannabis Zoning Discussion Interim City Administrator Jagoe highlighted the main points of the draft ordinance, included in the agenda packet. Cannabis business is defined in state statute. There are a variety of different cannabis businesses that corelate to the types of businesses that the Office of Cannabis Management (OCM) will facilitate. The license types and types of uses are provided. The Micro- and Mezzo- businesses are unique within the cannabis use list because they are similar to wineries and breweries. The City Attorney verified the Micro -Business allows for on -site consumption. The Micro- and Mezzo- businesses can operate multiple locations and they can also have multiple types of uses, to include retail, manufacturing, etc. all in the same facility. The City will register businesses and the OCM will license them. Previous council direction was to limit this to one single registration. State statute says the City can limit for retailers, the Micro - businesses and Mezzo -businesses. That only applies to the retail component. The City is not allowed to limit the registrations for the other non -retail uses. Councilmember Monson asked for clarification that a Micro -business or a Mezzo -business one of those would meet our retail requirement. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 11 Interim City Administrator Jagoe confirmed. When you get into the manufacturing, we cannot prohibit. Mayor Grant asked if one brewery had THC options would satisfy the retail component. Interim City Administrator Jagoe confirmed. That would be the one retail business. Mayor Grant asked if it could be a big box store selling nothing except weed. Interim City Administrator Jagoe confirmed. Councilmember Rousseau asked if allowing the one retail location in the B-2 district, would restrict a cannabis testing center or an R & D facility. Interim City Administrator Jagoe said the way it is drafted in the land use table, all the uses are a conditional use, similar to the low potency. The zoning ordinance says these are allowed through the conditional use process, so it would go before the Planning Commission and the City Council. The next step would be the number of registrations allowed. We followed similar patterns for retail and manufacturing components. This essentially mirrors the traditional retail and manufacturing zoning districts. So if any manufacturing is allowed, cannabis would now be allowed by conditional use. Councilmember Fabel thought if we wanted to keep cannabis off County Road E or Lexington, we could do that by modifying the zoning, essentially zoning them out of the main streets. He'd like to do that. Mayor Grant said that could be done by using and overlay. He said that we must allow one retail business based on City population and wondered if we are allowed to limit the number of retailers. Interim City Administrator Jagoe confirmed. The City is required to allow at least one and can limit it to just one. Mayor Grant asked if Council would like to limit the retail businesses to just one. Council agreed. Councilmember Rousseau said she would be interested in a business that does the potency testing, rather than a traditional retail location. Mayor Grant said a testing facility wouldn't satisfy the one retail registration component. Interim City Administrator Jagoe confirmed. She said we can't prohibit them but we can be selective about which zoning district they are allowed in. Councilmember Rousseau asked if we can put a cap on it. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 12 Interim City Administrator Jagoe said we can't prohibit but will have to verify with the City Attorney if we can cap the registrations. Staff was looking at it as do we want to limit the zoning districts. The secondary piece is the registration ordinance. She will get verification from the City Attorney before this comes back to council. Councilmember Holden asked for clarification on what Councilmember Rousseau is talking about. She asked if she talking about a business that tests cannabis potency that would then be sold at a retail location. Councilmember Rousseau was thinking along the lines where there are food scientists that are testing the potency. Councilmember Holden asked if that is different than a retail location. Interim City Administrator Jagoe said cannabis testing facilities falls under the research and development. Councilmember Holden thinks testing a gummy bear for potency is different than R & D for medical purposes. Interim City Administrator Jagoe will clarify with the City Attorney. Councilmember Monson summarized we have agreed to one retailer. Staff will find out if the City can cap the other uses. It can not be prohibited. She thinks Council should look down the list and discuss each use and discuss where it may be allowed. Mayor Grant asked if council wants to be more conservative or liberal. Councilmember Fabel said he wants to be more conservative. He would like to keep this out of the public eye with no flashing signs and people smoking up and acting crazy on County Road E. Councilmember Holden said we really only have one retail area. That's Lexington Avenue and County Road E. If we don't put it in a retail area, where will it go? Flashing lights are not allowed. Councilmember Fabel asked if there is a flex zone for retail. Interim City Administrator Jagoe said it is written into the commercial districts. Mayor Grant said he is hearing Council would like to be conservative, in terms of what is allowed for retail. He stated along Lexington there is B-3 right up against Lexington and B-4 is behind that. If we want to be conservative, we can allow it in the B-4 district. Councilmember Rousseau said Cub is in the B-3 and they are already carrying the low potency THC. That would give a little more opportunity for something small to go in that area. She is open to the B-4, as well. Councilmember Holden doesn't want it under neighborhood business. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 13 Interim City Administrator Jagoe said the way it's drafted right now, cannabis sales would not be allowed under neighborhood business. Councilmember Holden said that low potency edibles are allowed in neighborhood business. Interim City Administrator Jagoe confirmed. She said the way that was written is it's tied to someone who had a liquor or tobacco license. There was not zoning restrictions for the low potency. We said it was allowed as an accessory use in any commercial district, if they had the liquor or tobacco license. It couldn't be the principal use. For the cannabis discussion, that could be the principal use and the only thing they sell so it is not proposed to be allowed at all in the neighborhood business district. Councilmember Monson said it should not be allowed in B-1. She would support B-4. She's okay with Lexington or County Road E, however, she does not think a Mezzo -business or a Micro -business is appropriate because of the scale they could be. As she understands it, those businesses grow their own, package their own and sell their own products. She wouldn't want that allowed in a retail area. But she would be open to allowing that in the gateway business area. Mayor Grant thinks B-4 is where you allow it. All of them. Interim City Administrator Jagoe said that's the retail component of micro business, cannabis sales, the mezzo business. The other uses including manufacturing, agricultural, indoor cultivation, R & D will be left as conditional uses in the industrial areas. Councilmember Monson asked if Council could walk down the list one by one. She asked if Council agrees that B-4 is the district. Mayor Grant said B-4 would make sense for all cannabis business types. It would not be his preference that a 50,000 square foot empty building on Lexington have a growing facility. Councilmember Rousseau said she would love for anything to go into that space. Mayor Grant agreed he would love that space to be filled but not with this. Councilmember Holden thinks B-4 is a quiet area. There are a lot of small businesses back there. There are a lot of unknowns including hours of operation. She assumes a lot of the customers will come in at 2:00 in the morning. This isn't regulated, like alcohol. She thinks it will be important to have police coverage. On Lexington it's a lot more visible and the hours could be limited, based on location of the site. Interim City Administrator Jagoe said that is one of the questions Staff has. Would the Council want there to be standards to include limiting hours of operation. That can be incorporated it the ordinance language. Council can outline that if an individual applies for the registration, the business can only operate during certain hours. Mayor Grant thinks Council probably does want to restrict it. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 14 Councilmember Fabel thinks, under the police power, the City would have the authority to impose limitations on this usage of land over and above what we may impose on other commercial uses. Councilmember Rousseau would like to see more restrictions on operations rather than location. She thinks B-3 might be a better location. While the regulations are still being developed, it would be wise to restrict the operating times and that customers are being asked for identification before entering the space. Mayor Grant would only want it allowed in the B-4 district. He thinks the operational guidelines will come from the OCM. Councilmember Monson would be open to allowing a business that is strictly a retailer in B-3. Mezzo- and Micro- businesses in B-4 as a conditional use, and the gateway business would allow for a larger operation. Councilmember Holden asked if anyone knows when we will know the rules and regulations. Interim City Administrator Jagoe said OCM has provided a draft ordinance. As individual cities start to put together their ordinances, they are doing so with the legal interpretation from City Attorneys and then OCM responds with their own interpretation. It's still very fluid. She anticipates that whatever is decided now, will be amended. Councilmember Holden said that knowing that the rules and regulations aren't clear and there are empty buildings on Lexington she would support B4 for retails sales and it could be expanded to B-3 later. If the hope it to start small, B-4 is probably the place to start. Mayor Grant said that when a retailer opens up, people will find it. He recapped that Councilmember Holden and Councilmember Fabel are in favor or B-4. Councilmember Monson has indicated B-3 or B-4. He asked what Councilmember Rousseau thinks. Councilmember Rousseau is open to B-3 or B-4. She asked how many Micro- and Mezzo - businesses are in Minnesota. Interim City Administrator Jagoe did not know. Councilmember Rousseau wondered if there are insurability restrictions on these businesses. She remembered some bars were looking into offering THC drinks but chose not to because of the insurance cost and uncertainty. She is okay with B-3 or B-4. That would also allow businesses to do it as an accessory part of their business. Mayor Grant said he heard the majority of Council agrees B-4 is appropriate for the retail component, with the option to expand it later, if appropriate. It would be much harder to allow it and then retract that, if a business has moved in. He asked about non -retail uses. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 15 Interim City Administrator Jagoe has looked at where R&D or warehousing would be consistent with other businesses. She thinks the gateway district or I flex. Councilmember Holden thinks just gateway. Mayor Grant said it's a nice area for that. Councilmember Rousseau said either gateway or I flex. Councilmember Holden thinks gateway because I flex currently has nice little businesses in there and they pay good taxes. She would hate to see warehouses. Mayor Grant said gateway business is the preference of the majority of the Council. It can always be expanded. He asked what else Staff needs. Interim City Administrator Jagoe summarized the distance from schools was discussed earlier. That will be applied. Staff will look at measures for odor control. Staff will work with the City Attorney on guidelines for limiting hours of operation. She will verify if caps are allowed for the registration of warehouse and R&D businesses. She thinks Staff has enough information to prepare something for the Planning Commission in November. Mayor Grant noted there are time constraints on some of the other items on the work session agenda so it would be appropriate to recess and resume the work session after the City Council meeting. Council recessed the work session at 6:50 p.m. Council reconvened the work session at 7:30 p.m. C. Personnel Discussion Interim City Administrator Jagoe said we have received the initial estimate from NFP for health insurance. The increase for non -union employees is about 15-18%. The 2025 preliminary budget had a place holder for a 10% increase. NFP is looking at alternate plans with HealthPartners, Blue Cross Blue Shield, Medica and United Health Care. Staff has a meeting scheduled with NFP near the end of October. That is when they will provide all the plan options. Staff wanted to update Council on the information, knowing it's preliminary. In the past the health insurance discussion and some decisions on plan options have been communicated thorough the Personnel Committee. Staff is seeking Council direction if Staff can work through the final numbers and decisions with the Personnel Committee. Councilmember Holden said in the past we switched to Health Partners because they were significantly lower than the other providers. Then 3 years later they were 25% higher than everyone else. She thinks it all evens out in the end. She doesn't like the idea of people having to switch plans and possibly lose their doctor. ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 16 Assistant to the City Administrator/City Clerk Hanson confirmed that they do tend to offer a lower cost and after a couple years they increase it. It's happened several times. Councilmember Holden asked if the increase would be split 50150 between the City and the employee. Assistant to the City Administrator/City Clerk Hanson said she isn't sure if the increase was divided evenly between employees and the City it the past. Councilmember Holden said that in the past the employee was responsible for 50% and the City was responsible for the other 50%. If that's changing, Council needs to know. Interim City Administrator Jagoe said she can review that and update the Personnel Committee, with Council direction to do so. She isn't sure how the percentages were split previously. Assistant to the City Administrator/City Clerk Hanson said in the past, the City has always covered the single premium. There is a formula to calculate what is fair to those with family coverage. The premium has always been covered 100% for the single. Family premiums are covered at 87% by the City with the employee paying the rest. Councilmember Monson said she would like the budget numbers. Interim City Administrator Jagoe has preliminary numbers, but adjustments can be made in the November discussions. D. Union Negotiations Update The work session was closed to discuss Union Negotiations. E. Rice Creek Commons/TCAAP Discussion This item was not discussed. F. Agenda Planning Mayor Grant asked if Council had the desire to discuss items 3E and 3F. Councilmember Holden noted the October 28th agenda is full. She assumes November 12th is full, as well. She wondered when the Committee Code of Conduct discussion will happen. She said port-o-potties is on the list. Is that about if we'll have handicap facilities at all the park or was it a general discussion regarding port-o-potties? In looking at the list of items, she would like to have a small write up about what is needed for each item. Mayor Grant directed Staff to develop a list of outstanding items. Some are time sensitive. Others are not. He said those will be prioritized appropriately. He agrees the next two work ARDEN HILLS SPECIAL CITY COUNCIL WORK SESSION — OCTOBER 14, 2024 17 sessions are full with time sensitive items. It is the time of year when a lot of the outstanding items are time sensitive and various thing need to be decided. Councilmember Monson said cannabis will need to come back, as well. Mayor Grant confirmed. Interim City Administrator Jagoe said the cannabis zoning ordinance will go straight to the Planning Commission. Council would need to discuss it again if they want input on the registration. Assistant to the City Administrator/City Clerk Hanson said she could bring that forward with the fee schedule discussion. We will need to decide what we want to charge for the registrations. 4. COUNCIL COMMENTS AND STAFF UPDATES This item was not discussed. All TnrTVIV Mayor Grant adjourned the City Council Work Session at 8:05 p.m. Jennifer Estling Deputy Clerk David Grant Mayor o -ARZEN HILLS Approved: October 28, 2024 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 [DRAFT----, 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: Interim City Administrator Jessica Jagoe; Public Works Director/City Engineer David Swearingen; Finance Director Joua Yang; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried (5- 2. TCAAP/RICE CREEK COMMONS UPDATE Interim City Administrator Jagoe stated the Joint Development Authority met on October 7th Ramsey County provided an update from Goff Public on communications which included their efforts in preparing a fall newsletter for Rice Creek Commons. This newsletter was reviewed by JDA Chair Wicklund and distributed by Ramsey County on October 8th via email to their subscriber list. Featured topics were JDA Meeting Information, Advancing the Green Energy Vision, Final Design of the Spine Road Underway, and Development Updates on the California parcel, Outlot A, and the City's adoption of the AUAR update. Also at the JDA meeting, Ever - Green Energy reviewed the green energy vision and presented scenarios for thermal energy solutions to implement that vision, including a potential community district energy system. There is more work ahead with the Developer, Environmental Advisory Committee, and JDA to finalize sustainability design guidelines and determine a plan for carbon -free energy options such as a thermal energy solutions and solar. ARDEN HILLS CITY COUNCIL — OCTOBER 14, 2024 2 County staff shared an update that they have met with the Developer to go over the PSA drafted by the County Attorney. There is a closed session scheduled for the County Board on Tuesday, 10/15 but it is dependent on discussions with the Developer. Then the JDA reviewed the road map dates for the remainder of 2024 and 2025. It was discussed that the November 4th JDA meeting would have more information on the green energy items. Lastly, there will be a City Council special work session tomorrow night Tuesday, October 15 at 5:30 PM for a Rice Creek Commons for discussion on future agreements and development items. Councilmember Monson reported the developer was hoping to complete mass grading in 2025 with building to begin in 2026. She commented on the Ever -Green presentation that was provided to the JDA at their meeting last week which addressed heating and cooling in an all -electric situation. 3. PUBLIC INQUIRIESANFORMATIONAL None. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen reported he did not have a transportation update for the City Council. 7. APPROVAL OF MINUTES A. September 9, 2024, City Council Work Session B. September 9, 2024, Regular City Council C. September 23, 2024, City Council Work Session D. September 23, 2024, Regular City Council MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve the September 9, 2024, City Council Work Session meeting minutes as amended, the September 9, 2024, Regular City Council meeting minutes as amended, the September 23, 2024, City Council Work Session meeting minutes as presented and the September 23, 2024, Regular City Council meeting minutes as amended. The motion carried (5-0). ARDEN HILLS CITY COUNCIL — OCTOBER 14, 2024 3 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Acknowledge Application of Catholic United Financial for an Exempt Permit to Conduct a Raffle with the Drawing being March 27, 2025 with No Waiting Period C. Motion to Approve Master Agreement for Maintenance of Traffic Control Signal Systems Agreement with Ramsey County D. Motion to Approve Agreement for Maintenance of Traffic Control Signal Systems Agreement — Mounds View High School Crosswalk E. Motion to Approve Payment No. 5 — S.M. Hentges & Sons, Inc. 2024 PMP Street and Utility Improvements Project MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (5_0). 9. PULLED CONSENT ITEMS None. 10. PUBLIC HEARINGS None. 11. NEW BUSINESS None. 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Holden reported the Lindey's triangle park was now being used by children as a biking area. She asked that staff look into making this a permanent bike park. Councilmember Holden discussed how the City partners for fire services, with sheriff's department for public safety services, with Roseville, Shoreview and New Brighton for parks and recreation, and 17 other cities for seal coating. Councilmember Holden recommended a push button pedestrian crosswalk be considered at County Road D or County Road E and Lexington Avenue. Councilmember Monson commented on the geothermal presentation that was provided by Ever - Green to the JDA. She explained a community district energy system was discussed that would heat and cool all buildings and residential properties within Rice Creek Commons. She reviewed the three scenarios that were presented, which included geothermal on the entire property, a ARDEN HILLS CITY COUNCIL — OCTOBER 14, 2024 4 portion of the property or district heating without a geothermal system. She indicated the next step would be to discuss the economic impact of the geothermal vision and likely the cost would be paid for by a third party and owned and operated by that third party. Councilmember Monson explained she supported a crosswalk at Ingerson Park and Lexington Avenue. Councilmember Monson stated she supported the City Council looking into zoning for ADU's and requested staff pursue grant funding for this work, as was done by the city of New Brighton. Councilmember Monson suggested the City work with the Mounds View School District in order to complete a Safe Routes to School plan. Mayor Grant stated the primary Safe Routes to School trail section the City does not have in place was along Lake Valentine Road to Highway 96. He indicated the City received $1 million in grant funding for this trail. Mayor Grant explained last Saturday he represented the City at the Feed Our Troops event that was held at the Roy Wilkens Auditorium. He reported this event was very well attended and he was honored to represent the City of Arden Hills as the home of the Red Bulls. Mayor Grant indicated he received information about someone planting material in the Chatham Trails area. He understood that staff may not have been not aware that someone was planting this material, and Council did not approve what was being planted. He commented he was a bit surprised by these actions, noting residents were not allowed to put plantings into public property. Public Works Director/City Engineer Swearingen commented the plants were part of a volunteer effort led by Kerri Seamann who had done a similar project in Hazelnut Park. He explained similar plants were planted along Chatham Trail. He reported staff was aware of the plantings and could provide the Council with a list of the materials that were planted. Mayor Grant stated he recently visited a 150-unit apartment building with a centralized air source heat pump as their heating/cooling source. Councilmember Rousseau explained the PTRC was hoping to discuss the encroachment and invasive species issue in 2025. Councilmember Holden stated it was her understanding the Rotary Club was looking to help Arden Hills in a park. She asked that all the proper paperwork and procedures be in place for this organization. Councilmember Rousseau stated it was her understanding this organization was looking to complete volunteer work in Freeway Park. ARDEN HILLS CITY COUNCIL — OCTOBER 14, 2024 5 ADJOURN MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:27 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM 8A 'It EN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim 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 majority for action unless otherwise noted. Funding Source: N/A Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2024 Payroll #22 Paid Claims - 10/05/2024-10/18/2024 (Check Nos. 52923-52947 and ACH Checks) $97,926.75 Total Payroll $97,926.75 $443,426.66 Total Accounts Payable $443,426.66 Total Claims $541,353.41 CITY OF ARDEN HILLS PAYROLL # 22 CHECKS DATED: Biweekly: 10/27/23 10/07/23 - 10/20/23 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 7,092.49 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 5,054.77 5,054.77 FICA Medicare 1,182.18 1,182.18 SIT 3,322.89 TOTAL TAXES 1 16,652.331 6,236.95 Health Premium 2,380.50 0.00 Dental Premium 215.27 0.00 FSA Health Care Reimb. 0.00 FSA Dependent Care Reimb. 133.33 TOTAL FLEXIBLE SPENDING 2.729.10 0.00 HSA Health Saving 1 1,152.031 0.00 TOTAL HEALTH SAVINGS 1 1,152.031 0.00 ral Pension Fund -Union State Retirement System FAL RETIREMENT ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Unic =FT EFT EFT A/P Check* EFT 5,405.21 6,236.78 1,225.09 0.00 1,536.00 1,700.00 9.866.301 6.236.78 22.76 49.29 20.80 0.00 40.00 140.00 Total Employee Deductions 30,672.61 Net Payroll 0.00 Direct Deposit 54,780.41 Gross Payroll Tie -Out 85,453.02 Plus City Paid Benefit 12,473.73 TOTAL PAYROLL COST 97,926.75 FICA TIE -OUT Gross Payroll 85,453.02 Less Total FSA 2,729.10 Less Total H.SA 1,152.03 Less Voluntary Ins 43.56 Net P/R Subject to FICA 81,528.33 FICA Oasdi @ 6.20% 5,054.77 FICA Medicare @ 1.45% 1,182.18 EFT I 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. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 10/23/2024 4:09 PM �RQEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 10/11/2024 4090190 September Locates Locates 64.80 4090190 September Locates Locates 64.80 4090190 September Locates Locates 64.80 Total for this ACH Check for Vendor 0189: 194.40 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 10/11/2024 0001178031 November Wastwater 75,140.22 Total for this ACH Check for Vendor 0243: 75,140.22 ACH 0292 OXYGEN SERVICE COMPANY INC 10/11/2024 0003597999 September Rental 36.71 Total for this ACH Check for Vendor 0292: 36.71 ACH 0320 HEALTH PARTNERS INC 10/11/2024 009591446339 November Insurance 18,103.81 009591446339 November Insurance 1,167.81 Total for this ACH Check for Vendor 0320: 19,271.62 ACH 0327 STAPLES INC 10/11/2024 6012474203 Supplies 51.17 Total for this ACH Check for Vendor 0327: 51.17 ACH 0387 MISSIONSQUARE #302482 10/11/2024 PR 24-21 PR Batch 00100.10.2024 ICMA Employee Perce PR Batch 00100.10.2024 ICU 275.09 PR 24-21 PR Batch 00100.10.2024 ICMA Employee Dedu PR Batch 00100.10.2024 ICU 1,000.00 Total for this ACH Check for Vendor 0387: 1,275.09 ACH 0453 CONTINENTAL RESEARCH CORP 10/11/2024 0057837 Supplies 500.00 Total for this ACH Check for Vendor 0453: 500.00 ACH 0731 MIDWAY FORD 10/11/2024 625669 Program Camera 85438 159.95 Total for this ACH Check for Vendor 0731: 159.95 ACH 0922 NINENORTH 10/11/2024 2024-153 JDA-September 188.10 2024-153 SeptemberAudio/Visual 813.65 Total for this ACH Check for Vendor 0922: 1,001.75 ACH 10363 MINUTE MAKER SECRETARIAL 10/11/2024 M1945 9/23 CC Meeting Minutes 252.00 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 10363: 252.00 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 10/11/2024 10241336 Janitorial Services -October 1,554.58 Total for this ACH Check for Vendor 10476: 1,554.58 ACH 10481 JESSICA JAGOE 10/11/2024 10072024 Mileage Reimbursement-APA Conference 61.64 Total for this ACH Check for Vendor 10481: 61.64 ACH 10491 JULIE HANSON 10/11/2024 10112024 Mileage Reimbursement Jan -Jun 142.19 Total for this ACH Check for Vendor 10491: 142.19 ACH 10497 CINTAS CORP 10/11/2024 5232493502 First Aid 81.32 5232493502 First Aid 95.79 Total for this ACH Check for Vendor 10497: 177.11 ACH 10571 JASON BRUMMER 10/11/2024 10042024 Mileage Reimbursement - Fall Seminar 135.34 Total for this ACH Check for Vendor 10571: 135.34 ACH 10588 AUSTIN RADEMACHER 10/11/2024 10042024 Mileage Reimbursment-Fall Seminar 128.64 Total for this ACH Check for Vendor 10588: 128.64 ACH 10589 JOUAYANG 10/11/2024 10072024 Mileage Reimbursement: MNGFOA Conference 184.92 Total for this ACH Check for Vendor 10589: 184.92 ACH 1223 ADAM'S PEST CONTROL - MAIN 10/11/2024 4008253 October Pest Control 85.83 Total for this ACH Check for Vendor 1223: 85.83 ACH 5173 BADGER METER 10/11/2024 80173408 Beacon & LTE Sery Units -September 724.80 Total for this ACH Check for Vendor 5173: 724.80 ACH 5665 METERING & TECHNOLOGY SOLUTI( 10/11/2024 INV6296 M25 HRE LCD Meters 2,462.60 Total for this ACH Check for Vendor 5665: 2,462.60 ACH 7025 ON SITE COMPANIES -OSSTC INC 10/11/2024 0001790143 Service 9/28-10/25 858.00 Total for this ACH Check for Vendor 7025: 858.00 ACH 7501 KELLY & LEMMONS PA 10/11/2024 63946 September Prosecution 4,450.05 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 7501: 4,450.05 ACH FPTC FLEXIBLE PIPE TOOLS AND EQUIPME 10/11/2024 30584 Extension Tube 678.40 Total for this ACH Check for Vendor FPTC: 678.40 ACH JOHC JOHNSON CONTROLS INC 10/11/2024 1-134121469105 Comm System Failures 513.00 Total for this ACH Check for Vendor JOHC: 513.00 ACH TOII TOKLE INSPECTIONS INC 10/11/2024 100124 September Electrical Inspections 2,137.60 Total for this ACH Check for Vendor TOIL• 2,137.60 52923 0131 BEISSWENGERS DO IT BEST 10/11/2024 920737 Supplies 79.47 921740 Supplies 15.98 Total for Check Number 52923: 95.45 52924 1033 COMCAST 10/11/2024 101030.1024 Service 10/3-11/2 108.35 Total for Check Number 52924: 108.35 52925 6954 EMERGENCY APPARATUS MAINTENA 10/11/2024 133466 DOT Inspection 85115 366.88 133467 DOT Inspection 85123 366.88 133468 DOT Inspection 85124 275.15 133469 DOT Inspection 85128 366.88 Total for Check Number 52925: 1,375.79 52926 0849 FRA-DOR INC 10/11/2024 2409148 Mulch 1,417.50 Total for Check Number 52926: 1,417.50 52927 AR-IMKD IMKD3 LLC 10/11/2024 PC 21-004 Escrow Refund PC21-004, 3787 Lexington Ave 5,193.20 Total for Check Number 52927: 5,193.20 52928 0390 INT'L UNION OPERATING ENGINEERS 10/11/2024 1200.1024 October Dues 280.00 Total for Check Number 52928: 280.00 52929 10579 LEVANDER GILLEN & MILLER P.A. 10/11/2024 42000E-0924 PC 24-014 #760-September Legal 517.00 42000E-0924 September Legal 2,132.00 42000E-0924 September Legal 14,417.00 42000E-0924 September Legal 3,191.00 Total for Check Number 52929: 20,257.00 52930 10448 MARCO TECHNOLOGIES LLC 10/11/2024 539332858 Copier 10/25-11/25 35.36 539332858 Copier 10/25-11/25 200.35 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52930: 235.71 52931 10523 METRO-INET 10/11/2024 2207 IT Support -October 9,526.00 Total for Check Number 52931: 52932 10286 MINNESOTA OCCUPATIONAL HEALTF 10/11/2024 470414 Drug Screen 52933 1208 PREMIUM WATERS INC 610207-09-24 September Water 613317-09-24 September Water 52934 0811 RAMSEY COUNTY EMCOM-011947 Fleet Support -September EMCOM-011983 CAD Services -September EMCOM-011999 911 Dispatch -September PRMG-005532 PW Rental Space -October PRMG-005532 PW Rental Space -October PRMG-005532 PW Rental Space -October PRMG-005532 PW Rental Space -October SHRFL-002271 Law Enforcement -October 52935 0282 REPUBLIC SERVICES #899 0899-004535396 Recycling -August 0899-004535396 Recycling -August 0899-004557456 Recycling -September 0899-004557456 Recycling Revenue Sharing -September 0899-004563318 PW Waste -September 52936 5142 STAR TRIBUNE 09292024 7Day eEdition: 10/20/24-01/19/25 52937 10568 VERIZON CONNECT 384000065297 September Service ACH 0285 XCEL ENERGY 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 896356715 Service 8/14-9/15 Total for Check Number 52932: 10/11/2024 Total for Check Number 52933: 10/11/2024 Total for Check Number 52934: 10/11/2024 Total for Check Number 52935: 10/11/2024 Total for Check Number 52936: 10/11/2024 Total for Check Number 52937: Total for 10/11/2024: 10/18/2024 17.76 24.96 781.75 5,084.42 5,843.55 2,921.78 1,298.56 2,921.78 -870.15 9,272.97 9,272.97 -861.53 334.95 334.95 322,264.18 1,324.82 1,777.61 2,164.24 53.17 953.31 249.64 2,364.17 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0285: 8,886.96 ACH 1125 BOLTON & MENK INC 10/18/2024 0346962 2025 Park Improvement 8/17-9/13 2,554.50 Total for this ACH Check for Vendor 1125: 2,554.50 ACH 1889 DAVID PERRAULT 10/18/2024 20242 Professional Services -September 781.25 Total for this ACH Check for Vendor 1889: 781.25 52938 1053 ALLIED BLACKTOP COMPANY INC 10/18/2024 11663 2024 Street Maintenance 18,408.00 Total for Check Number 52938: 18,408.00 52939 10507 ANIMAL HUMANE SOCIETY 10/18/2024 41354 Animal Control Q3 2024 225.00 Total for Check Number 52939: 225.00 52940 2440 BERWALD ROOFING COMPANY INC 10/18/2024 19193 Roof Reflashing and Preventative Maintenance 4,000.00 Total for Check Number 52940: 4,000.00 52941 10483 CENTRAL PENSION FUND 10/18/2024 401333.0924 Apprenticeship -September 384.00 Total for Check Number 52941: 384.00 52942 CPF 1 CENTRAL PENSION FUND SOURCE A 10/18/2024 184503.0924 September Pension 3,072.00 Total for Check Number 52942: 3,072.00 52943 1033 COMCAST 10/18/2024 98681.1024 Service 10/5-11/4 111.52 Total for Check Number 52943: 111.52 52944 0841 EHLERS & ASSOCIATES INC. 10/18/2024 99167 TCAAP-September 3,642.50 Total for Check Number 52944: 3,642.50 52945 1040 HOISINGTON KOEGLER GROUP INC 10/18/2024 024-028-4 Zoning Code Update -September 3,290.00 Total for Check Number 52945: 3,290.00 52946 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSI 10/18/2024 BP3.1124 November Insurance 11,800.00 N134.1124 November Insurance 1,682.00 52947 10569 SM HENTGES AND SONS INC PW24-0100 PAYS 2024 PMP Payment 5 PW24-0100 PAYS 2024 PMP Payment 5 Total for Check Number 52946: 13,482.00 10/18/2024 -3,280.25 65,605.00 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52947: 62,324.75 Total for 10/18/2024: 121,162.48 Report Total (53 checks): 443,426.66 AP Checks by Date - Detail by Check Date (10/23/2024 4:09 PM) Page 6 CONSENT ITEM - 8B -ADEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Joua Yang, Finance Director SUBJECT: 2024 3rd Quarter Financials Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Quarterly budget to actual fund statements and investment portfolio detail for the City. Background Investments - per the Investment Policy, our Benchmark Rate is the 4M plus Rate. At September 30, 2024 — this rate was 5.063% and our portfolio is averaging 2.85%. Our average rate will begin to increase as lower interest investments mature and we continue to invest in higher interest investments. All of our investments are in government secured or government backed deposits. Utility billing cycles and CIP projects are taken into account when determining how much to invest and for how long. Basis of accounting — during the year, City books are kept on a cash basis which means that only items that are received are booked as revenue and items paid are booked as expenses. Adjustments for accruals, deferrals and other accounting requirements are made at year end. The third quarter financial results are generally as expected across all City funds. Building permit revenues are down from the prior year due to decreased building activity. Liquor sales are also down from the prior year. Departments for the most part are under or at the 75% expended thus far in the year, with the exception of Fire Protection as the annual contract was fully expended in the first half of the year. General Fund — The main source of revenue for the City is property taxes and these come in twice a year. Expenditures are at 74.0% of budget through the end of the third quarter compared to 75.6% last year. Some of the differences are due to the timing of invoices. Page 1 of 2 Other governmental funds, enterprise funds and internal service funds — Utility revenue for third quarter is booked in October 2024 and annual transfers between funds will be booked later in the year. Investment interest earnings total $444,732.54 at the end of the third quarter compared to $401,266.10 at the end of the third quarter in 2023, a 10.8% increase. Market value adjustments for investments total $379,716.84 through the end of the third quarter. At the end of 2023, the City recognized a market value loss of $392,148.12. It is important to note that the City holds its investments to maturity and no principal is ever lost on an investment. Budget Impact None. Attachments Attachment A: Investment Portfolio Analysis Attachment B: General Fund Revenues and Expenditures Summary Attachment C: Other City Funds Revenues and Expenditures Summary Attachment D: Permit Data Page 2 of 2 CITY OF ARDEN HILLS Attachment A SCHEDULE OF INVESTMENTS FOR THE MONTH ENDING SEPTEMBER 30, 2024 Unadjusted Market Value Deposits- Expendimres- MarketValue MarketVatue Unrealized Institution Description Type 1/12024 Purchases writies Interest 9/302024 9/302024 gam/loss Wolh Fargo-Adv Wells Fargo Advisors ney Market $ 10,636.59 $ - $ - $ 3,906.55 $ 14,543.14 $ 14,543.14 $ 0.00 WellsFargo -Adv FHLB Municipal Securities 227,146.85 - - - 227,146.85 235.209.80 8,062.95 WellsFargo -Adv FHLB Municipal Securities 427,105.40 - - - 427,105.40 441,86220 14,756.80 664,888.84 - - 3,906.55 668,795.39 691,615.14 22,819.75 RBC RBC Money Market _ _ _ _ _ RBC PrescoaWis Sch Dist MunicipalSecurities 233,411AO - (235,881.25) 881.25 (1,588.60) - 1,588.60 RBC American Express Brokered CD ■ 243,417.30 - (246,976.11) 1,976.11 (1,582.70) - 1,582.70 RBC State of Connecticut MunicipalSecurities 371,028.75 - (375,000.00) - (3,971.25) - 3,971.25 RBC CapitslOne Bk USA Brokered CD ■ 99,008.00 - (101,321.37) 1,321.37 (992.00) - 992.00 RBC Bank Hapolim Brokered CD 243,253.36 - (255,254.75) 11,254.75 (746.64) - 746.64 RBC Sallie Mae Bk Brokered CD 242,459.35 - (253274.96) 8274.96 (2,540.65) - 2,540.65 RBC Morgan Stanley BkNA Brokered CD 147385.50 - (153,309.04) 3309.04 (2,614.50) - 2,614.50 RBC Nester. Alliance BK Phoen@ Brokered CD - 243,000.00 (249,492.43) 6,492.43 0.00 - (0.00) RBC Liberty BK NatlAssn Irvine Brokered CD - 115,000.00 (118,072.55) 3,072.55 - - - RBC Enerbank USAUT Brokered CD 242,418.93 - (3,953.30) 3,953.30 242,41893 248,422.32 6,003.39 RBC Stateof Mississippi Municipal Securities 393532.00 - (5,974.00) 5,974.00 393,532.00 398,820.00 5288.00 RBC New Jersy, StEcon Dev Municipal Securities 330,683.50 - - - 330,683.50 343,714.00 13,030.50 RBC FFCB Municipal Securities 285,471.00 - (1,440.00) 1,440.00 285,471.00 295245.00 9,774.00 RBC FHLB Municipal Securities 383,532.00 - (3,250.00) 3250.00 383,532.00 393,836.00 10,304.00 RBC San Marcos Tex Cons ❑icipalSecurities 232,115.00 - - - 232,115.00 241,430.00 9,315.00 RBC iladewater Chy LneInd T3 MunicipalSecurities 231,097.50 - - - 231,097.50 240,667.50 9,570.00 RBC YucaipaVY Calif MunicipalSecuritics 191294.00 - (4,080.00) 4,080.00 191294.00 196,094.00 4,790.00 RBC New York City NY Transit Municipal SecuriMs 383,392.00 - (4,420.00) 4,420.00 383392.00 392,008.00 8,616.00 RBC Park Creek Co MetDistCO MunicipalSecurities 288,666.00 - (4,021.50) 4,021.50 288,666.00 294,786.00 6,120.00 RBC Pain Beach Fla Rev Municipal Securities 375,414.00 - (9,750.00) 9,750.00 375,414.00 382,028.40 6,614.40 RBC FHLB MunicipalSccurities 291,753.00 - (4,500.00) 4500.00 291,753.00 296,445.00 4,692.00 RBC City National Bank Brokered CD 241,928.44 - (10,643.08) 10,643.08 241,928A4 245385.92 3,457.48 RBC FirstOklahoma Brokered CD 226,186.62 - (1,500.81) 1,500.81 226,186.62 236,774.10 10,587.48 RBC FFCB Municipal Securities 348383.00 - (17,045.00) 17,045.00 348383.00 349,741.00 1358.00 RBC SkokieIL MunicipalSecurities 269,178.00 - (2,721.65) 2,721.65 269,178.00 277,80550 8,627.50 RBCWEALTH HawaiiStGO Bds nicipal Securities 359,100.00 - (19,005.00) 19,005.00 359,100.00 360500.00 1,400.00 RBC FHLB Municipal Securities 395316.00 - (7,000,00) 7,000.00 395,316.00 399,924.00 4,608.00 RBC FFCB Municipal Securities 271365.00 - (1,725.00) 1,725.00 271,365.00 280,083.00 8,718.00 RBC FHLB Municipal Securities 294,762.00 - (10,500.00) 10500.00 294,762.00 299,154.00 4,392.00 RBC MHFA Municipal Securities 211,096.30 - (5,014.00) 5,014.00 211,096.30 219,137.10 8,040.80 RBC NeW YOrk,NY Municipal Securities 357,952.00 - (5,000.00) 5,000.00 357,952.00 372372.00 14,420.00 RBC VstaCalifUni Sch Dist Municipal Securmes 269346.00 - (3,963.00) 3,963.00 269,346.00 280,614.00 11268.00 RBC San Francisco CA MunicipalSecuritks 311,902.50 - (2,345.00) 2345.00 311,902.50 325244.50 13,342.00 RBC Elk Grove Village IL Municipal Securities 267,723.00 - (4,350.00) 4,350.00 267,723.00 277344.00 9,621.00 RBC ane McHenry Cook &Dcka MunicipalSecuritks 340,109.00 - (12,355.00) 12355.00 340,109.00 346,612.00 6,503.00 RBC City of NWwkee Wl Municipal Securities 399,420.00 - (18,400.00) 18,400.00 399,420.00 406,640.00 7220.00 RBC City of Mnneapotis MN MunicipalSecurities 347,882.50 - (14,049.00) 14,049.00 347,882.50 350,077.00 2,194.50 RBC Nashington Cty ORSD#48 Municipal Securities 321,472.70 - (5,405.23) 5,40523 321,472.70 327,790.80 6318.10 RBC .an Diego CA Comm Colleg MunicipalSccurities 323235.50 - (8,599.50) 8599.50 323235.50 333294.50 10,059.00 RBC eOak Banking Cc Wtlmmg Brokered CD 240,832.80 - (6,941.27) 6,94127 240,832.80 249,024.90 8,192.10 RBC Cook County IL Sch Dist MunicipalSccurities 137263.00 - (2,730.00) 2,730.00 137263.00 139,994.40 2,731.40 RBC Pelican Rapids MN Municipal Securities 425,834.50 - (6,664.00) 6,664.00 425,83450 442239.70 16,40520 RBC ShakopeeMN ISD 720 MunicipalSecurifies 214,435.00 - (3,462.50) 3,462.50 214,435.00 225,457.50 11,022.50 RBC City of Dallas TX Municipal Securities 314,468.00 - - - 314,468.00 333352.00 18,884.00 RBC FFCB Municipal Securities 292,071.00 - (5,925,00) 5,925.00 292,071.00 298,161.00 6,090.00 RBC Farmer MAC Municipal Securities 495202.50 (10,425.00) 10,425.00 495202.50 498,630.00 3,427.50 RBC FFCB Municipal Securities 474508.35 - (4,662.00) 4,662.00 474,508.35 493500.45 18,992.10 RBC Stateof Minnesota Municipal Securities 33426120 - (3,510.00) 3510.00 334261.20 348,465.00 14203.80 RBC City of Duluth, NW Municipal Securities 376,796.00 - (15,200.00) 15200.00 376,796.00 393,456.00 16,660.00 13,5 76,16 1.00 853,202.50 (2,239,112.30) 287,112.30 12,477,363.50 12,834260.59 356,897.09 Money Market _ - - - - _ - PMA 4MGeneral Money Market 3,979,884.32 12223,683.28 (14,637,823.34) 99,017.65 1,664,761.91 1,664,761.91 PMA 4MP General Money Market 712,865.40 - - 28574.91 741,440.31 741,440.31 - PMA 4MPayroll Money Market 41.45 1271,068.60 (1271,175.54) 65.56 0.07 d� 0.07 - PMA ARPA Funds nicipal Securities 158286.61 - - 6304.88 164,591.49 164591 A9 - PMA Term Series(xxx days) Municipal Securities + 500,000.00 -i (519,750.69) 19 PMA Term Series(xxx days) MunicipalSecurities - 500,000.00 - - 500,000.00 500,000.00 - 5,351,077.78 13,994,751.88 (16,428,749.57) 153,713.69 3,070,793.78 3,070,793.78 0.00 Totalcashandinvcsaucnts $ 19,592,127.62 $14,847,954.38 $(18,667,861.87) $ 444,732.54 $ 16216,952.67 $ 16596,669.51 $ 379,716.84 't rn O O O V7 00 O 4 0 C� O a y M 69 b9 � � ONi 0N0 N 0p0 O v'� O O �O 00 00 [— �o 01 N N Cd N M — r- v7 N 07 1 CD CD m ClM CD N M N V'1 00 N ^i �, r, M Cr O 00 Vl M M — O\ N N N N N m \O 69 69 l- O u7 v7 N O NN Cd O M "t�NrM 00 N W) 00 kn 01 N N N �O O l� O\ 00 07 w) \O Iix,,,i M �r l� M 00 w O N ' D 01 N N N N N M 110 69 b9 O O O O O O O 69 O O O O O O O O O O O O O O 69 69 69 69 69 69 M cq N 00 00 N O �'. M N r- CN O\ N M 69 U Y U G� c� bq U U M IS11Iq U m U U U U Attachment B CITY OF ARDEN HILLS STATEMENT OF REVENUES AND EXPENDITURES GENERAL FUND FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 YTD YTD YTD 9/30 YTD Annual Through % of Through 2024 Budget 09/30/24 Budget 09/30/23 vs 2023 REVENUES $ 4,638,460 $ 2,301,334 49.6% Taxes $ 2,094,193 $ 207,141 552,020 363,399 65.8% Licenses and permits 368,761 (5,362) 175,970 116,870 66.4% Intergovernmental 106,355 10,515 489,490 293,285 59.9% Charges for services 276,515 16,770 19,250 18,419 95.7% Fines and forfeits 17,721 698 3,090 - 0.0% Special assessments - - 50,000 42,718 85.4% Investment earnings 80,023 (37,305) 10,920 6,624 60.7% Miscellaneous 6,188 436 5,939,200 3,142,650 52.9% TOTAL REVENUES 2,949,756 192,893 EXPENDITURES 88,370 66,045 74.7% Mayor & Council 58,922 (7,123) 499,730 382,194 76.5% Administration 325,908 (56,286) 40,300 18,440 45.8% Elections 24,206 5,766 191,810 154,735 80.7% Finance 180,321 25,585 114,900 98,366 85.6% TCAAP 57,740 (40,626) 324,940 203,693 62.7% Planning & Zoning 159,236 (44,457) 232,900 166,645 71.6% Government Buildings 166,147 (497) 1,585,240 1,187,128 74.9% Public Safety 1,089,232 (97,897) 70,390 46,929 66.7% Dispatch 45,825 (1,105) 833,930 833,933 100.0% Fire Protection 751,177 (82,756) 9,260 4,294 46.4% Emergency Management 6,837 2,543 396,120 241,258 60.9% Protective Inspections 272,273 31,015 853,380 574,845 67.4% Street Maintenance 538,867 (35,978) 241,970 146,331 60.5% Recreation 132,074 (14,256) 588,030 402,512 68.5% Park Maintenance 376,368 (26,144) 50,000 - 0.0% Transfers Out 171,140 171,140 6,121,270 4,527,348 74.0% TOTAL EXPENDITURES 4,356,273 (171,075) $ (182,070) $ (1,384,698) 760.5% NET CHANGE IN FUND BALANCE $ (1,406,517) $ 21,818 75.0% Percentage of Year Complete Year -to -Date Financial Performance Revenues Expenditures Tax revenues are collected twice a year. Licenses & Permits. Liquor Sales and Permit Revenues are down from 2023. Fewer development projects in 2024. Intergovernmental. MSA for Streets slightly higher than 2023. Charges for Services. Summer playground fees, false alarms, and water tower rentals slightly higher than 2023. Salaries & Benefits. Increases across departments due to COLA and insurance increases. Mayor & Council. Full Year cost in 2024 for Northeast Youth & Family Services contract, 2023 billed at 75%. Administration. Legal fees, DDA Comp Study, Deputy Clerk Separation Agreement. Finance. Supplies & Rentals down from2023. TCAAP. Kimley-Horn AUAR and Traffic Updates. Planning & Zoning. Planner position part-time in March 2023, transitioned to full-time in June 2023, legal fees sligi Public Safety/Fire Protection. Contract increase in line with budget expectations. Full Year Fire contract paid in 1st Protective Inspections. Electrical inspections down from 2023. Street Maintenance. Resurfacing & Sealcoating road projects offset by Overtime and Salt/Sand savings due to milc Park Maintenance. Tree/Weed Services and Repairs/Maintenance higher than 2023. Attachment C CITY OF ARDEN HILLS OTHER GOVERNMENTAL FUNDS BUDGET SUMMARY FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 BEGINNING FUND FUND BALANCE REVENUES EXPENDITURES NET CHANGE Cable TV Budget 806 144,500 (142,010) 3,296 Actual 44,274 (105,123) (60,848) %of Budget 30.6% 74.0% EDA General Budget 713,987 100,000 (88,340) 725,647 Actual 76,040 (55,650) 20,390 %of Budget 76.0% 63.0% EDA Revolving Budget - - - - Actual - % of Budget N/A N/A TIF 3 Cottage Villas Budget 821,150 - (1,900) 819,250 Actual 8,967 (1,457) 7,510 %of Budget N/A 76.7% TIF 4 Pres Homes Budget 650,555 (1,900) 648,655 Actual (8,807) (225,697) (234,504) %of Budget N/A 11878.8% TIF 5 TCAAP Budget (24,701) (1,900) (26,601) Actual (1,348) (1,348) %of Budget N/A 70.9% Equipment & Building Budget 383,682 609,000 (510,150) 482,532 Actual 174,736 (172,426) 2,310 %of Budget 28.7% 33.8% Park Budget 197,649 - (32,000) 165,649 Actual 14,925 (5,115) 9,810 %of Budget N/A 16.0% PIR Budget 5,605,204 1,557,661 (2,742,920) 4,419,945 Actual 711,182 (3,200,414) (2,489,233) % of Budget 45.7% 116.7% Public Safety Capital Equipment Budget 367,950 60,000 (522,850) (94,900) Actual 40,809 (273,511) (232,703) %of Budget 68.0% 52.3% TCAAP Budget (194,879) - - (194,879) Actual % of Budget N/A N/A Cable TV. Franchise revenues are receipted quarterly, in the month following the end of the quarter (Apr, Jul, Oct, Jan). EDA. Tax revenues are collected twice a year (Jul, Dec). Member City Grant $18,390; Interest Earnings $7.6K. TIF. TIF note for TIF #4 Presbyterian Homes has been paid in full; Final End of District Payment $224K. Equipment & Building. Transfers from General Fund are normally completed during the 4th quarter. Park. Donations from Arden Hills Foundation $6.2K. PIR. Timing of project expenditures. Major project expenditures YTD - 2024 PMP $2.2M and Arden Manor $0.7M. TIF #255 & TCAAP. Fund deficits will be eliminated with future contributions, grants, and internal fund transfers, if needed. CITY OF ARDEN HILLS OTHER GOVERNMENTAL FUNDS BUDGET SUMMARY FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 BEGINNING FUND CASH BALANCE REVENUES EXPENDITURES NET CHANGE Water Budget 3,197,732 3,676,630 (4,451,290) 2,423,072 Actual 1,343,319 (1,389,577) (46,257) %of Budget 36.5% 31.2% Sanitary Sewer Budget 1,223,383 2,557,430 (3,562,710) 218,103 Actual 1,277,774 (1,794,795) (517,021) %of Budget 50.0% 50.4% Recycling Budget 244,504 185,820 (177,940) 252,384 Actual 85,826 (101,108) (15,282) %of Budget 46.2% 56.8% Surface Water Management Budget 706,162 987,840 (1,766,120) (72,118) Actual 504,220 (341,724) 162,497 %of Budget 51.0% 19.3% Risk Management Budget 184,093 200,000 (219,500) 164,593 Actual 166,182 (173,559) (7,377) %of Budget 83.1% 79.1% Engineering Budget 520 31,370 (31,370) 520 Actual 2,346 (2,866) (520) %of Budget 7.5% 9.1% Central Garage Budget 574 213,590 (213,590) 574 Actual 66,138 (105,285) (39,147) %of Budget 31.0% 49.3% Technology Budget - 195,950 (195,950) Actual 91,299 (141,341) (50,042) %of Budget 46.6% 72.1% Utility (601, 602, 604). Utility revenues are receipted quarterly, in the month following the end of the quarter (Apr, Jul, Oct, Jan) Recycling. 1st half revenues are collected twice a year (Jul, Dec). Risk Mgmt. Property and Work Comp Insurance is booked for the year. Internal Service (726-728). Expenditures will be fully allocated and have a zero balance at year-end. CITY OF ARDEN HILLS, MINNESOTA STATEMENT OF REVENUES AND EXPENSES BUDGET AND ACTUAL FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 REVENUES User charges Connection charges Other Interest earnings TOTALREVENUES EXPENSES Personnel expenses Supplies and materials Other services and charges Water purchases Depreciation Capital expenses Debt service TOTAL EXPENSES Bond Proceeds Transfers out EXCESS (DEFICIT) REVENUES OVER EXPENSES WATER FUND Percent Received or Expended Actual Actual Variance - Based on Annual Thru Thru Favorable Actuals Thru Budget 09/30/23 09/30/24 (Unfavorable) 09/30/24 $ 3,116,020 $ 1,412,242 $ 1,212,961 $ (199,281) 85.9 13,750 2,230 46,230 44,000 2073.1 546,860 31,149 49,252 18,104 158.1 - 52,559 34,876 (17,683) 66.4 3,676,630 1,498,179 1,343,319 (154,860) 89.7 433,770 292,219 317,879 (25,661) 108.8 54,000 22,723 41,103 (18,380) 180.9 352,730 234,413 187,077 47,337 79.8 1,387,000 640,603 585,998 54,605 91.5 376,640 - - - N/A 1,497,100 168 7,058 (6,890) 4201.3 250,050 248,050 250,461 (2,411) 101.0 4,351,290 1,438,176 1,389,577 48,600 96.6 100,000 $ (774,660) $ 60,003 $ (46,257) $ (106,260) Water Sales Comparison 0 $3.00 $2.50 $2.00 $1.50 $1.00 $0.50 Q1 Q2 2022 1,609.48 516,604.60 1,174, -2023 939.28 569,050.97 1,412,. 2024 373.25 555,991.05 1,212,'. N/A N/A CITY OF ARDEN HILLS, MINNESOTA STATEMENT OF REVENUES AND EXPENSES BUDGET AND ACTUAL FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 SEWER FUND Percent Received or Expended Actual Actual Variance - Based on Annual Thru Thru Favorable Actuals Thru Budget 09/30/23 09/30/24 (Unfavorable) 09/30/24 REVENUES User charges $ 2,537,260 $ 1,218,784 $ 1,215,162 $ (3,622) 99.7 % Connection charges 8,250 4,140 27,225 23,085 657.6 Other 11,920 70,827 19,870 (50,957) 28.1 Interest earnings - 23,770 15,517 (8,253) 65.3 TOTAL REVENUES 2,557,430 1,317,521 1,277,774 (39,747) 97.0 EXPENSES Personnel expenses 513,890 350,377 375,136 (24,759) 107.1 Supplies and materials 15,500 15,592 13,469 2,123 86.4 Other services and charges 322,220 178,156 180,434 (2,278) 101.3 Wastewater charges 901,680 704,474 751,402 (46,928) 106.7 Depreciation 221,570 - - N/A Capital expenses 1,424,800 120,900 437,241 (316,341) 361.7 Debt service 37,050 38,250 37,114 1,136 97.0 TOTAL EXPENSES 3,436,710 1,407,748 1,794,795 (387,047) 127.5 Bond Proceeds - - - N/A Transfers out 126,000 N/A EXCESS (DEFICIT) REVENUES OVER EXPENSES $ (1,005,280) $ (90,227) $ (517,021) $ (426,794) 573.0 % CITY OF ARDEN HILLS, MINNESOTA STATEMENT OF REVENUES AND EXPENSES BUDGET AND ACTUAL FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 SURFACE WATER MANAGEMENT FUND Percent Received or Expended Actual Actual Variance - Based on Annual Thru Thru Favorable Actuals Thru Budget 09/30/23 09/30/24 (Unfavorable) 09/30/24 REVENUES User charges $ 987,840 $ 470,666 $ 494,309 $ 23,643 105.0 % Other - 17,461 31 (17,430) 0.2 Interest earnings - 12,841 9,881 (2,961) 76.9 TOTAL REVENUES 987,840 500,969 504,220 3,252 100.6 EXPENSES Personnel expenses 348,800 234,991 258,190 (23,199) 109.9 Supplies and materials 12,750 10,950 4,978 5,972 45.5 Other services and charges 189,130 69,588 78,555 (8,967) 112.9 Depreciation 163,440 - - - N/A Capital expenses 978,000 3,038 - 3,038 0.0 TOTAL EXPENSES 1,692,120 318,567 341,724 (23,156) 107.3 Transfers out 74,000 - - N/A EXCESS (DEFICIT) REVENUES OVER EXPENSES $ (778,280) $ 182,401 $ 162,497 $ (19,904) 89.1 % Attachment D CITY OF ARDEN HILLS, MINNESOTA PERMIT DATA FOR BUILDING, HVAC AND PLUMBING FROM PERMITWORKS SOFTWARE FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2024 9/30/2022 09/30/23 9/30/2024 Building Permit Issued 310 367 274 Building Permit Fees 347,465 185,425 156,148 Building Plan Review Fees 164,769 51,207 57,742 TOTAL BUILDING FEES 512,234 236,632 213,890 Valuations of Projects 53,269,776 15,109,000 14,180,274 HVAC Permits Issued 193 180 174 HVAC Permit Fees 133,922 52,508 75,423 HVAC Plan Review Fees 118 - 1,739 TOTAL HVAC FEES 134,040 52,508 77,162 Valuation of Projects 9,808,330 3,302,395 5,078,063 Plumbing Permits Issued 136 120 122 Plumbing Permit Fees 28,301 14,776 20,983 Plumbing Plan Review Fees - - TOTAL PLUMBING FEES 28,301 14,776 20,983 Valuation of Projects 1,928,623 881,828 1,397,986 TOTAL PERMITS ISSUED 639 667 570 TOTAL PERMIT FEES 674,574 303,916 312,035 TOTAL VALUATION OF PROJECTS 65,006,728 19,293,223 20,656,323 CONSENT ITEM - 8C ,`iIPEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Interim Policies — Flexible Scheduling and Dress for Your Day Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • The proposed interim policies regarding flexible scheduling and dress for your day effective from the date of approval through December 31, 2025. Discussion On September 25, 2023, the City Council approved interim policies relating to flexible scheduling and dress for your day at City Hall through December 31, 2024. Since implementation, city staff has utilized both interim policies, and several employees have approved flexible schedules. Department Directors feel this has been successful and there have been no complaints or issues with maintaining city services. Based on this, the Personnel Committee has recommended the interim policies remain in -effect for another year. There is one proposed change shown below to the Flexible Scheduling policy to strike hours carrying over to a subsequent week due to overtime requirements for non- exempt employees working more than 40 hours in a pay period. Next fall, City Staff will review these changes and make a recommendation to the Personnel Committee and City Council on whether or not to make the changes permanent, additional changes, or to remove the policies all together. At any time, either of these interim policies may be revoked by the City Council or City Administrator without prior notice. The language for the interim policies is below: Flexible Scheduling To ensure employee availability and accountability to the public the City serves, all full-time employees (exempt and non-exempt) are to be at work or available to the public and co-workers during the hours of 9 a.m. to 3:30 p.m., at least four days per week, unless away from the work site for a work -related activity or on approved leave. Employees choosing to work a schedule other than the typical schedule (i.e. City Hall's normal operating hours) must have written approval from their supervisor and Department Head. Alternate schedules may include but are not limited to: eight hour Page 1 of 2 days differing from the normal operating hours, four nine -hour days with one half day, five nine hel days with a speeifie day off every thee- week, or four ten-hour days. Employees with either a half or full day off according to their flexible schedule should not expect that their day off will be Monday or Friday. Schedules will be approved based on the needs of the City, and not all employees will be eligible to work a schedule other than the normal City Hall operating hours. An employee's supervisor, Department Head, or the City Administrator may cancel any or all flexible scheduling at any time. Dress For Your Day Dress For Your Day policy allows for non -uniformed employees to use their best judgment when deciding what to wear to work every day, with some basic guidelines. The idea is each employee should consider what their workday looks like and dress accordingly. For example, employees are allowed to wear casual clothing on workdays when they do not have meetings with residents or other outside third parties. Employees are still expected to wear clothing appropriate for an office environment, and traditional business attire is always acceptable. There may be days when residents or visitors are expected at City facilities and all staff may be required to forgo Dress For Your Day and be required to wear business causal or business attire. These days will be announced in advance so employees can plan accordingly. In all instances, clothing and appearance must be neat, clean, not ripped, not heavily frayed or worn, and not expose an excessive amount of skin. Employees are allowed to wear jeans clean and free of rips, tears, fraying and not excessively tight or revealing. The following are examples of clothing and shoe choices that are never acceptable, but it is not an exhaustive list. When in doubt, consult with Administration. • Clothing and/or accessories including offensive/inappropriate images or words, including images/words that are discriminatory or sexual • Sweatpants, yoga pants and other exercise apparel • Leggings unless combined with a top that reaches at least mid -thigh • Beach wear • Overalls • Very short skirts • Shirts with writing or large logos (unless City or affiliated business organization logo) • Spaghetti -strap tops or dresses unless covered by a jacket or sweater • Crop tops, tank tops, halter tops or any clothing showing midriffs • Sheer or revealing clothing • Sports jerseys (unless part of a planned employee event) • Flip-flops, house slippers, moccasins, Crocs shoes Budget Impact N/A Attachment N/A Page 2 of 2 CONSENT ITEM - 8D -AR)2EN�HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: North Suburban Access Corporation Professional and Technical Services Agreement Budgeted Amount: Actual Amount: Funding Source: Preliminary 2025 Budget - $15,717 / year Cable TV Fund $20,000 Council Should Consider Motions to approve, table, or deny the following: • North Suburban Access Corporation Professional and Technical Services Agreement Discussion On September 13, 2021, the City approved a three-year professional services agreement with the North Suburban Access Corporation (NSAC) (dba NineNorth) for City -related services. This agreement was similar to previous agreements. The new contract is seeking renewal of another three years to be in effect on January 1, 2025. The new contract does represent a one percent cost increase over 2024. Other terms remain largely the same, with one exception to Web Streaming Services. Previously, charges were based on an estimated, evenly divided number of meetings for the year and billed at a monthly flat rate. Under the new agreement, billing will be adjusted to reflect the actual number of meetings and there will be only one stream charge per night (i.e. work session and regular meeting nights). This rate change does result in a slight annual increase of approximately $890 for the web streaming services portion of the agreement. The City Attorney has reviewed and made no changes to the language in the Agreement (Attachment A). Budget Impact Budget estimates of $15,717 for 2025 will be accounted for in the 2025 budget, this will not impact the 2024 budget. Attachment Attachment A: North Suburban Access Corporation Professional and Technical Services Agreement Page 1 Attachment A North Suburban Access Corporation Professional and Technical Services Agreement This contract is between the North Suburban Access Corporation, a Minnesota Municipal Corporation, (herein "the NSAC") and the City of Arden Hills, Minnesota (herein "the City"). Recitals 1. Under Minnesota law, the NSAC is empowered to provide such professional and technical services as are desired by the City. 2. The City desires to engage the NSAC for video webcasting services and archiving services (herein "the Services"). 3. The City represents that it is empowered to engage the NSAC. Agreement 1. Term of Contract 1.1. Duration. This Agreement will become effective January 1, 2025, and will remain in effect for a period of three (3) years. At the expiration of the one (1) year period, the Agreement will automatically renew for another period of one (1) year, unless notice to terminate this Agreement is provided no less than ninety (90) days prior to the end of the current term. If this Agreement is terminated prior to the completion of a one (1) year period, the NSAC will be entitled to payment, determined on a pro rata basis, for Services satisfactorily performed. 1.2. Survival of Terms. The following clauses will remain in effect after the termination of the Agreement: Section 5. Liability, Section 6. Government Data Practices and Intellectual Property, Section 8. Governing Law, Jurisdiction, and Venue; and Section 9. Disclosure. 2. Services Provided 2.1. Services. The NSAC will provide the Services described in Schedule A (attached). 2.2. Additional Services. The City may also request additional services during the term of the Agreement (see Section 1.1. Duration). If accepted by the NSAC, Schedule A will be amended to include a description of the additional services and according to compensation. Unless otherwise specified, all terms of this Agreement will apply to any amendments to Schedule A. 2.3. Standard of Care. To the extent any property, such as camera or computer equipment, is loaned by the NSAC to the City, the City will exhibit a standard of care consistent with Minnesota law. 2.4. City Assistance. Depending on the nature of the Services, the NSAC may from time to time require access to public and private lands or property. To the extent the City is legally and reasonably able, the City will provide access to and make provisions to enable the NSAC or its agents or employees to enter upon public and private land and property as required for the NSAC to perform the Services. The City will furnish the NSAC with a copy of any special standards or criteria promulgated by the City relating to the Services, including, but not limited to, design and construction standards, that is necessary for the NSAC to prepare for its performance of the Services. 3. Payment 3.1. Compensation. The City will pay for all Services to be performed by the Contractor as specified in Schedule A (attached). 3.2. Fee Adjustment. The NSAC reserves the right to annually adjust the fees associated with the Services specified in Schedule A. Such adjustments, if any, will be enacted on January 1 of a given year. Prior to enacting any fee adjustments, the NSAC must provide written notice of such to the City at least ninety (90) calendar days prior to the effective date of the fee adjustment. 3.3. Invoices. The City must promptly pay the NSAC after the NSAC presents an invoice for those Services that have been actually performed. The NSAC must timely submit invoices. 3.4. Event Cancellation. The City agrees to pay 70% of the expected event amount for any cancellation unless sufficient prior notice is provided. "Prior Notice" is defined as at least 10 business days (including the day of the event) before the scheduled event. 4. Assignment, Amendments, Waiver, and Completeness 4.1. Assignment. The City may not assign, license, or transfer any rights or obligation under this Agreement without prior written consent of the NSAC and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.2. Amendments. Any amendments to this contract must be made in writing and will not be effective until executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.3. Waiver. If the NSAC fails to enforce in a timely manner any provision of this Agreement, that failure does not waive the provision or the NSAC's right to enforce the provision. 4.4. Completeness. This Agreement contains all negotiations and agreements between the NSAC and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 5. Liability The City must indemnify and hold harmless the NSAC, its agents, and its employees from any claims or causes of action, including attorney's fees incurred by the NSAC arising from performance of this Agreement by the City, its agents, or its employees. The clause must not be construed to preempt any legal remedies the NSAC may have for the City's failure to fulfill its obligations under this Agreement. 6. Government Data Practices and Intellectual Property 6.1. Government Data Practices. To the extent applicable, the City and NSAC must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Clause by either the City or the NSAC. Each Party shall notify the other of any Data Practices Act request for video recordings created pursuant to this Agreement. All requests for the release or sale of video recordings created pursuant to this Agreement shall be directed to and fulfilled by the NSAC. 7. Endorsement The City must not claim that the NSAC endorses its products or services. 8. Governing Law, Jurisdiction, and Venue Minnesota Law governs this Agreement. Venue for all legal proceedings arising from this Agreement shall be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9. Disclosure The City consents to disclosure of its social security number, federal employer tax identification number, and Minnesota tax identification number, to the Commission as is necessary for compliance with Minnesota and other applicable law. 10. Severability If any section or clause of this Agreement is held to be invalid or unenforceable, then the meaning of that section or clause shall be construed so as to render it enforceable to the extent feasible. If no feasible interpretation would save the section or clause, it shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect. However, in the event that such a section or clause is essential or substantially alters the Agreement, the Parties shall negotiate a replacement section or clause that will achieve the intent of such unenforceable section or clause to the extent permitted by law. 11. Employment Employees of the NSAC performing work pursuant to this Agreement shall remain at all times employees only of the NSAC. The NSAC will be responsible for worker's compensation, salary, and training. [REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANK] Dated: Attest Dated: North Suburban Access Corporation LO-M Its: Executive Director Its: Arden Hills, City Administrator LO-A Its: Dated: By: Its: Schedule A. Services (Arden Hills). Service Quote Agreed Municipal Production Services: The NSAC agrees to provide the following: • For Arden Hills, a total of (72) meetings planned per year, including: 24 City Council; 18 Work Sessions; 12 Planning; $190 12 JDA and 6 EDA. Per meeting • Cost per meeting is $190. • If two or more meetings are held consecutively on the same night, the 2" and any following meeting will be a flat fee of $55. • NSAC will provide a municipal producer to operate equipment, record and cablecast meetings LIVE in either a virtual, hybrid, or in person setting. • Equipment and meeting room preparation. • Upload the agenda and provide indexing of agenda items for online video. • Provide backend support for closing, annotating, and posting the meeting for program the following day. • Provide Master Control services to ensure quality controls. The city agrees to provide the following: • Provide an annual or monthly schedule of live meetings that would require NineNorth to provide an operator. • Provide the NSAC with a contact person, name, telephone number and email address of an emergency contact who can answer questions about any live events. • Provide 10-day notice for all -hybrid meetings. • Provide login credentials for any Zoom meetings. Cablecastin2 Services: The NSAC agrees to provide the following: • Live cablecasting of City Council meetings and applicable Minimum Advisory Commission meetings on city cable channel. 49 • Schedule the city channel with live meetings and meeting live and/or playbacks to equal at least (49) entries per week. playbacks per week The City agrees to provide the following: • Monthly schedule of cablecast playbacks. Need to receive $1,188/year 15 days before the first of the month. Otherwise, NineNorth will [$99/mo.] execute regular playback schedule. Carousel Coordination: The NSAC agrees to provide the following: $126 per year [$10.50/mo.] • Coordination of two carousels per month requested by City, at $5.25 per carousel. This does not include labor to manage the Carousel. Schedule A. Services (Arden Hills). Web streaming Services: The NSAC agrees to provide the following: • Live web streaming of planned 72 City meetings. $60 * per actual • Encoded meetings and the accompanying agendas posted within 24 web stream hours on the NSAC's website. event • Post links between agenda items and their video discussion. • Storage of recorded meetings/videos for up to 12 months. [Maximum of only one The city agrees to provide the following: stream charge • Provide NSAC with monthly schedule of all live meetings to be per night] streamed and/or encoded for posting on the NSAC's website. • Notify the NSAC as soon as possible of the cancellation of a live event, including city meeting, which is scheduled for playback, of any change in the day or beginning time of any live event, including city meeting, or of any additions of special meeting to the schedule. • Provide the NSAC with the name and telephone number for a main contact of the cablecast. • Chapter marking information on the agenda will be provided by the city for meetings not utilizing the NSAC's municipal producers. Equipment Monitoring Cost Share: The NSAC agrees to provide the following: $132 per year • (11) IP based devices monitored via the inter -mapper license, to [$11/mo.] ensure equipment is operating effectively, and reduce breakage. • This is an even cost share with the JPA. Neighborhood Network Services: The NSAC agrees to provide the following: $1 per year • Produce coverage of at least 3 city events per year, at the discretion of the NSAC. • Cablecast, make available online and distribute via link to the City the final product; • Storage of recorded videos for up to 12 months. The city agrees to provide the following: • Submit the event coverage request to the NSAC, which will only be accepted from either the City Administrator, City Council member or Staff that has been designated for communications. Cassandar Web Streaming Proprietary Platform: The NSAC agrees to provide the following: $5, 000 Included per year in JPA value Membership • Custom branded landing page with city logo & colors for city content. • Ability to index, create chapters and upload agendas. • Hosting and maintenance of the online platform and site. • Dedicated messaging system from constituents to assigned email to answer questions from the public. Password protection options CONSENT ITEM - 8E --AIzEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Matthew Johnson, Recreation Supervisor SUBJECT: Appointment of Parks, Trails and Recreation Committee (PTRC) Youth Committee Member Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: • Resolution 2024-047 Appointing Eva Acosta as the Youth Committee Member to the PTRC. Background On July 10, 2023, the City Council adopted Ordinance 2023-007, adding one additional member to serve on the PTRC in the capacity as Youth Committee Member. An interview was conducted that included PTRC Councilmember liaison Emily Rousseau, PTRC member Nancy Jacobson and Staff liaison Recreation Supervisor Matt Johnson. It is the recommendation that Council consider appointing Eva Acosta as a Youth Committee Member to the PTRC for a term ending August 31, 2025 Budget Impact N/A Attachments Attachment A: Resolution 2024-047 Page 1 of 1 Attachment A -AVEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-047 RESOLUTION APPOINTING EVA ACOSTA TO THE CITY OF ARDEN HILLS PARKS, TRAILS AND RECREATION COMMITTEE WHEREAS, the City Council appoints residents to serve in an advisory capacity to the City Council regarding city parks, trails and recreation services. WHEREAS, at its July 10, 2023, meeting, the City Council adopted Ordinance 2023-007, adding one additional member to serve to the Parks, Trails and Recreation Committee in the capacity as Youth Commissioner/Committee Member. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that Eva Acosta is appointed to the Parks, Trails and Recreation Committee as the Youth Committee Member with a term expiring on August 31, 2025. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF OCTOBER, 2024. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM - 8F -ARVE_-HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Matthew Johnson, Recreation Supervisor SUBJECT: Accepting Donation from the Arden Hills Foundation for Flashlight Pumpkin Hunt Budgeted Amount: Actual Amount: Funding Source: N/A $374.25 N/A Council Should Consider Motions to approve, table, or deny the following: • City Council should consider approving Resolution 2024-048 Accepting a Donation from the Arden Hills Foundation in the amount of $374.25. Background The Arden Hills Foundation has been established as a 5010 organization. Pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, cities are authorized to accept gifts and bequests for the benefits of recreational services. Discussion The Arden Hills Foundation donated a total of $374.25 to the City of Arden Hills to purchase the pumpkins for the annual Flashlight Pumpkin Hunt. To comply with State Statutes, the City needs to acknowledge the donation and issue receipt of the donation to the Arden Hills Foundation. Budget Impact N/A Attachments Attachment A: Resolution 2024-048 Page 1 of 1 'It ,-AR�EN�HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-048 Attachment A A RESOLUTION ACCEPTING DONATION WHEREAS, Arden Hills ("City") is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, The following entity has offered to contribute the cash amount set forth below to the city: Name of Donor Arden Hills Foundation Amount $374.25 WHEREAS, All such donations have been contributed to assist the City in the establishment and operation of recreational facilities and programs either alone or in cooperation with others, as allowed by law; and WHEREAS, The City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, THAT: 1. The donation described above is accepted and shall be used to establish recreational facilities either alone or in cooperation with others, as allowed by law. 2. The city clerk is hereby directed to issue receipts to each donor acknowledging the City's receipt of the donor's donation. 3. The finance department is hereby authorized to complete any budget adjustments necessary to reflect this donation and corresponding expenditures. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 281'' DAY OF OCTOBER 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 - 8G 'It -AII�)E_N HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim 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 January 25, 2025 at Welsch's Big Ten with no waiting period Background/Discussion Ducks Unlimited North Suburban Chapter 239 has submitted a request again this year 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 January 25, 2025, with no waiting period. Budget Impact N/A AttnehmPntc Attachment A: LG220 application Attachment B: Non-profit letter Page l of 1 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit Attachment A 4/23 Page 1 of 3 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Ducks Unlimited North Suburban Chapter 239 Permit Number: X- x-03315-24-024 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@gmai!.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): IuniuponFn STATUS Type of Nonprofit Organization (check one): Fraternal Religious Q Veterans E Other Nonprofit Organization Attach a copy of one of the following goof of norip.-..::: (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 INFORMAT■ 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: City: Arden Hills zip: 55112 County: Ramsey Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): 1/25/2025 Check each type of gambling activity that your organization will conduct: 7y Bingo a Paddlewheels E-1 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 4/23 Page 2 of 3 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting ❑ The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. ❑The application is denied. The application is denied. Print City Name: 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 returned to thAoprd wi hin 0 days the event date. �� Z TL ! / / y Chief Executive Officer's Signature: Date: (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 $1S0. 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 5atety; Attorney uenerai; 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. CONSENT ITEM - 8H r -ARPEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Municipal Concurring Resolution 2024-049 Revoking CSAH Designation on New Brighton Road Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Municipal Concurring Resolution 2024-049 (Revoking CSAH Designation) Background/Discussion Ramsey County completed a system designation study which included a comprehensive evaluation of the existing and future transportation system within the county. This study aimed to evaluate the county's roadway system designations and identify changes that maximize their system needs and mileage allotment that count towards County State Aid funding. On September 9, 2024, the Ramsey County Board approved Ramsey County Public Works request to modify designations of various roadways throughout the county. Attachment A is the resolution of the board actions for reference. One road in Arden Hills, New Brighton Boulevard, was impacted by this board action. New Brighton Boulevard was reclassified from a County State Aid Highway to a County Road. MnDOT requires supporting resolutions from each community impacted by these administrative changes. A resolution from the City of Arden Hills is required to complete this adjustment to the county's CSAH designations. City Staff has reviewed this adjustment and had discussions with Ramsey County staff and determined there are no direct impacts to the City. This item is standard State Aid procedure. City staff recommends approving Resolution 2024-049. Page 1 of 2 Budget Impact N/A Attachments Attachment A — Ramsey County Board of Commissioners Resolution Attachment B — Arden Hills supporting Resolution 2024-049 Page 2 of 2 RAMSEY COUNTY Sponsor: Public Works Attachment A Board of Commissioners 15 West Kellogg Blvd. Resolution B2024-185 Title: Designation and Revocation of County State Aid Highway Mileage on Various County Roadways Background and Rationale: Saint Paul, MN 55102 651-266-9200 Meeting Date: 9/24/2024 File Number: 2024-395 Ramsey County completed a system designation study which included a comprehensive evaluation of the existing and future transportation system within the county. This study aimed to evaluate the county's roadway system designations and identify changes that maximize our system needs, mileage allotment, and, ultimately, our County State Aid funding. As a result of this analysis, Ramsey County has prepared, for review and consideration by the Minnesota Department of Transportation (MnDOT)'s Division of State Aid for Local Transportation, several jurisdictional changes based on the consideration of the rules governing the designation of State Aid Routes and current and future needs identified by county staff. Ramsey County currently has 262.6 designated County State Aid Highway (CSAH) miles and 0.65 banked miles. This request proposes several segment redesignations and utilization of a portion of our current banked mileage. The proposed changes result in no net increase to the system mileage and can be completed through an administrative process upon MnDOT State Aid approval. A resolution from the Ramsey County Board is required to complete this adjustment to the county's CSAH designations. Recommendation: The Ramsey County Board of Commissioners resolved to: 1. Authorize the revocation of previously designated County State Aid Highway mileage for: a. New Brighton Road (CSAH 47), from Lake Johanna Boulevard (CSAH 149) to its intersection with County Road E2 (CSAH 73) (depicted as Segment 1 on Attachment A) b. Sherwood Road (CSAH 4) from County Road J/Ash Street (CSAH 1) to its intersection with Turtle Lake Road (depicted as Segment 2 on Attachment A) 2. Establish, locate, and designate as a County State Aid Highway of Ramsey County, subject to the approval of the Commissioner of Transportation of the State of Minnesota: a. Otter Lake Road (CR148)/Scheuneman Road (CR 147)/Hoffman Road (CR 146)/CR F (CR 95) from Goose Lake Road (CSAH 14) to US 61 (depicted as Segments 1-4 on Attachment B) b. Labore Road (CR 108) from Goose Lake Road (CSAH 14) to County Road E East (CSAH 15) depicted as Segment 5 on Attachment B) c. Lydia Road (CR 107)/Joy Road (CR 109) from Bellaire Ave (CSAH 19) to Geneva Ave (MN 210) (depicted as Segments 6-7 on Attachment B) d. County Road J (CR 81) from Centerville Road (CSAH 59) to 1-35E (depicted as Segments 8 on Attachment B) e. County Road E (CR 99)/Soo Street (CR 136) from Victoria (CSAH 52) to Owasso Boulevard (CSAH 18) (depicted as Segments 9-10 on Attachment B) Page 1 of 2 File Number.' 2024-395 Resolution Number.' B2024-185 A motion to approve was made by Commissioner Moran, seconded by Commissioner Ortega. Motion passed. Aye: - 5: Frethem, Moran, Ortega, Reinhardt, and Xiong Absent: - 1: McGuire By: Mee Cheng, Chief Clerk - County Board Page 2 of 2 Attachment B �-ALI�)EN,HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-049 A RESOLUTION CONCURRING REVOKING CSAH DESIGNATION WHEREAS, the County Board of the County of Ramsey did adopt a resolution on 9/24/2024, revising designation of County State Aid Highway No. 47 within the corporate limits of Ramsey County, as follows: New Brighton Road (CSAH 47) from Lake Johanna Boulevard (CSAH 149) to its intersection with County Road E2 (CSAH 73) is revoked as a County State Aid Highway NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that said revision is in all things approved. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF OCTOBER 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 - 8I r -ARPEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Contract for Water Services — City of Roseville Budgeted Amount: Actual Amount: Funding Source: $1,748,000 $1,748,000 Water Fund Council Should Consider Motions to approve, table, or deny the following: • Contract for water services between the City of Roseville and the City of Arden Hills Background/Discussion Arden Hills purchases water from the City of Roseville (since 1963) and Roseville purchases water from Saint Paul Regional Water Services (SPRWS). The existing contract with Roseville related to Arden Hills' water supply expires on December 31, 2024, this contract was initially established in 2006. Detailed background and supporting documents of the contract renewal had been provided to the City Council. The proposed contract has been reviewed by the Public Works Director/City Engineer and Finance Director and determined the proposed contract for water services (Attachment A) to be reasonable and justified. City staff recommends the City Council approve the Contract for water services between the City of Roseville and the City of Arden Hills. Budget Impact The proposed new rate relative to 2024's budget is found to be a 26% increase or $361,000. This increase was included within the preliminary 2025 Water Utility Fund Balance. The fund balance is expected to remain positive, so staff is not recommending an increase to the water rate for 2025 at this time. Page 1 of 2 Fee Type Fee Fixed $ 41,144 SPRWS Rate $ 3.19 Additional Variable Rate $ 1.23 per quarter per thousand gallons per thousand gallons Per the proposed contract, the fixed cost calculation for Arden Hills is revisited annually to maintain fairness and equity. An additional variable charge of $1.23 per thousand gallons for Arden Hills will account for costs incurred on the Roseville water system in order to supply water to Arden Hills. Attachments Attachment A — Contract for Water Services Page 2 of 2 Attachment A CONTRACT FOR WATER SERVICES Between THE CITY OF ROSEVILLE, MINNESOTA and CITY OF ARDEN HILLS, MINNESOTA This CONTRACT, made and entered into this day of , 2024, is entered into by and between the CITY OF ROSEVILLE ("Roseville"), a municipal corporation under the laws of the State of Minnesota, and the CITY OF ARDEN HILLS ("Arden Hills"), a municipal corporation under the laws of the State of Minnesota, together the "Parties." WITNESSETH: WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Cooperative Service Agreements for the joint exercise of powers common to each; and WHEREAS, it is the intention of the Parties that Roseville shall sell water to Arden Hills; and WHEREAS, Roseville is a party to a certain contract for water services with the Board of Water Commissioners of the City of St. Paul ("St. Paul"), a copy of current said contract is attached as Exhibit A, and made a part hereof by reference; and WHEREAS, Roseville has provided water to Arden Hills continuously since 1963; and WHEREAS, Roseville and Arden Hills desire to continue this relationship. NOW, THEREFORE, be it agreed by and between the parties hereto: SECTION I TERM A. This agreement shall commence January 1, 2025, and shall remain in force and effect until December 31, 2030, and shall automatically renew for an additional 5-year period unless terminated by either party pursuant to Section II(B). The Parties shall review the agreement periodically, but no later than once every two (2) years to review rates and changes in circumstance. Page 1 of 12 RS 160-1-941224.v6 SECTION II TERMINATION A. Roseville shall have the right to terminate this contract in the event Arden Hills fails to pay charges to which Roseville is entitled under this contract; Roseville gives written notice to Arden Hills setting forth the default; and Arden Hills, within sixty (60) days, fails to redeem or demand arbitration pursuant to Section XI if the amount is disputed. B. At least one (1) year before the expiration of the term of this Agreement, the Parties will review the City's performance and costs and discuss in good faith whether to renew the Agreement for an additional five (5) year term, or terminate the contract by mutual consent. This shall be the term expiration procedure until the parties otherwise decide. SECTION III WATER SERVICE A. Roseville agrees to furnish and deliver to Arden Hills its water requirement on a demand basis. Demand basis is defined as a continuous supply of water for 24 hours a day at the Roseville line pressure. Arden Hills shall provide supplemental pumpage to meet pressure requirements for the Arden Hills system. B. Roseville agrees to supply Arden Hills with the water which shall be the same treated water supplied by St. Paul, and Roseville undertakes no responsibility for the quality of said water other than transmitting it to Arden Hills with reasonable care to prevent contamination and pollution. C. Roseville's obligation to supply water on a demand basis is qualified by the requirement that Arden Hills maintain peak hour storage with the necessary regulatory apparatus to permit each city to temporarily operate off the other's water tower during periods when one tower is out of service for painting, repairing, or similar reasons. Arden Hills shall maintain the construction requirement herein by submitting to Roseville any plans for modifications of the pump control system within Arden Hills which can be used to operate Roseville's booster pump control system. Such plans and specifications shall be deemed approved by Roseville unless written objection hereto is made by Roseville within 20 days after receipt of the same. D. During such periods that the meters measuring water flow to and from Arden Hills are inoperable or out of service for repair, the volume of water for which Arden Hills must pay Roseville shall be determined from an equal period just preceding and just following the temporary period. E. Arden Hills acknowledges and agrees that water service can be interrupted due to, among other things, main breaks, equipment failures, weather conditions, maintenance, repairs or improvements. Therefore, Roseville cannot guarantee that there will be no interruptions in service, or that any specific pressures or fluctuations in pressure will or will not occur. Arden Hills agrees that Roseville shall not be liable or responsible for any losses or damages, consequential or otherwise, resulting from any such interruptions in service or fluctuations in pressure. Page 2 of 12 SECTION IV FINANCIAL OBLIGATION OF ARDEN HILLS A. Arden Hills agrees to indemnify Roseville for all costs Roseville is obligated to pay for increasing the capacity of supply lines resulting from Arden Hills' needs. B. Arden Hills shall have the same option payment plan to pay Roseville that Roseville has to pay St. Paul, according to the attached Exhibit A. Roseville agrees to use its best efforts to notify Arden Hills of all communications it receives from the City of St. Paul bearing upon this financial obligation. The Parties agree that rates could increase as a result of modifications to Exhibit A, and the Parties agree that the rates will be adjusted accordingly. SECTION V SERVICE BY ROSEVILLE TO OTHER MUNICIPALITIES A. Roseville agrees it will not sell water to any municipality until the other municipality agrees to the arrangement stated herein. In the event Roseville is required to increase water capacity as provided in Section IV and the water requirement of Roseville and Arden Hills at all pertinent times is less than 28 million gallons per day, then the new municipality shall have the same obligation of indemnification of Roseville that is assumed by Arden Hills in Section IV herein. The obligation of the new municipality shall be an obligation between Arden Hills and the new municipality, and the new municipality shall indemnify Arden Hills against any cost or claim, including attorneys' fees, incurred by Arden Hills under said Section IV. B. In the event Roseville is required to increase water capacity pursuant to Section III under circumstances other than as set Section V(A) forth in the preceding paragraph, then the cost assumed by Arden Hills and the new municipality shall be on the basis of peak potential usage of water by Arden Hills and the new municipality. SECTION VI WATER RATES AND TIME OF PAYMENT A. Roseville shall submit a statement of charges to Arden Hills monthly. Arden Hills shall pay the same within thirty (30) days of receipt. B. The rates for water sold by Roseville to Arden Hills under this Agreement ("Charges") shall consist of three components: Water Service Base Fee The Water Service Base Fee is intended to recover the fixed costs incurred by Roseville for its provision of water to Arden Hills, including but not limited to, the cost of maintenance and depreciation on jointly used pumping, storage, distribution and control equipment, cost Page 3 of 12 of reading and maintaining meters, cost of billing Arden Hills, and any legal or engineering cost in administering the contract. The Water Service Base Fee shall be charged monthly. Fees are based on the 2023 Service to Arden Hills Cost of Service Analysis ("2023 Study"), attached as Exhibit B. The Associated Cost Allocation Analysis spreadsheet will be used to calculate the Water Service Base Fee. This will be updated annually with new Roseville water budget items. 2. Water Volume Charize The Water Volume Charge is the average cost per 100 cubic feet or per 1,000 gallons of water per month charged to Roseville by St. Paul. The 2023 Study, attached as Exhibit B, and the associated Cost Allocation Analysis spreadsheet will be used to calculate the cost of the Water Volume Charge in addition to the charges by St. Paul. The Charge will be updated annually with new Roseville water budget items. The Water Volume Charge shall be charged at the same time and frequency as the Water Service Base Fee. 3. Additional Charges Additional charges will be added to the utility bill for Arden Hills hydrants on the unmetered supply area and one-time project costs not covered in the Water Service Base Fee or Water Volume Charge. These include but are not limited to: a) Master Meter costs and distribution system upsizing requested by Arden Hills. b) Costs set forth in Section IX. c) Arden Hills shall pay Roseville $100.00 per year for each fire hydrant in Arden Hills on an unmetered supply. C. The parties agree to review the Charges annually. Costs are pursuant to Section IV(B)1-3. Roseville will provide the final proposed Water Service Base Fee and Water Volume Charges to Arden Hills for the following year by October 1 st before the rates go into effect on January 1 st of the following year. D. Notwithstanding the above, if, whether as a result of such review or otherwise, Roseville or St. Paul changes its retail billing structure in any way, either of its own accord or at the requirement of other governmental entities, Roseville and Arden Hills agree that the Charges will be adjusted. All reasonable effort shall be taken to make sure this adjustment shall not harm Arden Hills by increasing Arden Hill's overall cost or harm Roseville by decreasing the Roseville's overall revenue under the contract. SECTION VII METER READINGS AND BILLING A. Monthly reading of the master meter or meters at the point or points of delivery to Arden Hills shall be made by Roseville on the last working day of the month. B. Arden Hills shall supply a location for a meter pit at each point of connection other than what is covered in Section IX of this contract. The meter pit will be owned and maintained by Roseville. Page 4 of 12 Roseville will install master meters and radios. All costs of meters, installation, and maintenance shall be paid by Arden Hills. Roseville will undertake all reading and maintenance of these meters. Costs for meter maintenance is included in the Water Service Base Fee. The cost for infrastructure components at the meter pits shall be paid by Arden Hills as Additional Charges. SECTION VIII CAPITAL COSTS A. All additional capital costs incurred in Roseville or in Arden Hills by reason of service to Arden Hills shall be borne by Arden Hills. These will be invoiced to Arden Hills as Additional Charges. The Parties will enter into a joint powers agreement for each capital project to identify cost breakdown and responsibility. B. Any capital costs which will benefit both Arden Hills and Roseville shall be identified in Roseville's Capital Improvement Plan (CIP). The Cost Allocation Analysis spreadsheet created by the Cost -of -Service Study will be updated annually with updated CIP items. This will annually adjust the Water Service Base Fee and Water Volume Charge for Arden Hills. 1. CIP costs CIP costs may include, but are not limited to, the following: a) Water Booster Station b) Water Tower c) Water Transmission/Distribution SECTION IX ARDEN HILLS WATER SYSTEM NOT SUBJECT TO THE MASTER METERS A. It is anticipated that some residents of Arden Hills will receive water service directly from Roseville without going through the master meters of Arden Hills. Exhibit C identifies the current area of service and impacted households. Each impacted household shall have a meter supplied by Arden Hills and said meter shall be maintained and read by Arden Hills personnel monthly. The monthly readings shall be supplied to Roseville by the 15th of the month and added to the following months bill for Arden Hills. B. Roseville shall determine the water usage of each customer using Arden Hills' readings and shall add the amount to the master meters as part of the Water Volume Charge. C. Arden Hills shall not draw water out of any fire hydrants in Arden Hills that do not go through the master meter of Arden Hills, except on the following basis: 1. Firefighting For firefighting purposes Page 5 of 12 2. Water System Flushing For flushing the Arden Hills water system Consent Until authorization is obtained from Roseville, Roseville shall grant permission only when the water draw -off is metered. SECTION X REGULATIONS A. Exhibit A contains a series of regulations which are required to be imposed upon Arden Hills pursuant to this Agreement. Arden Hills agrees to be bound by the regulations as set forth in Exhibit A. B. Arden Hills agrees to operate their water system and use all best practices to eliminate pressure spikes or other issues that would negatively affect the Roseville water system. Arden Hills agrees to commit no act which could jeopardize Roseville's contractual relationship with St. Paul and to take all reasonable affirmative acts to protect Roseville's contractual rights with St. Paul. C. Arden Hills agrees to adopt any reasonable ordinance requested by Roseville to protect the water facilities and water in Arden Hills. D. Arden Hills will not sell any water to any other municipality without first receiving permission from Roseville. SECTION XI GENERAL TERMS A. Arbitration. In the event there is any dispute by the parties over the terms of this contract, both agree to be bound by arbitration, pursuant to Minnesota Statute, Chapter 572, and any subsequent amendments. B. Force Maj eure. Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control including, but not limited to, severe weather and storms, earthquakes, tornados or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil or military emergencies, or acts of legislative, judicial, executive or administrative authorities. C. Records. All records kept by either Party with respect to the Agreement are subject to examination by representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by Roseville or Arden Hills under this Agreement are governed by Minnesota Statutes, Chapter 13 ("Act"), and the Minnesota Rules implementing the Act. Page 6of12 D. Compliance with Laws and Regulations. The Parties to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, insofar as they relate to the performance this Agreement. E. Amendments or Modifications. The Parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on -going working relationship. Any alterations, variations, modification, or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed and attached to this Agreement. F. Entire Agreement. This Agreement represents the entire agreement between the Parties and supersedes all oral agreements and negotiations between the Parties relating to this Agreement. All exhibits and attachments to this Agreement are incorporated into the Agreement. If there is a conflict between the terms of this Agreement and any of the exhibits, the Agreement governs. G. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Page 7 of 12 IN WITNESS HEREOF, the undersigned parties have entered into this Agreement as of the date set forth. CITY OF ROSEVILLE, A municipal corporation of the State of Minnesota In Daniel Roe, Mayor Date: LE Patrick Trudgeon, City Manager Date: Page 8 of 12 CITY OF ARDEN HILLS A municipal corporation of the State of Minnesota By: , Mayor Date: By: , City Administrator Date: Page 9 of 12 Exhibit A Current Board of Water Commissioners of the City of St. Paul Page 10 of 12 Exhibit B 2023 Service to Arden Hills Cost of Service Analysis Page 11 of 12 Exhibit C Arden Hills Water System Which is not Subject to the Master Meters Page 12 of 12 CONSENT ITEM - 8J r -ARPEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Old Highway 10 Trail Improvements —Professional Services Agreement Amendment No. 2 Budgeted Amount: Actual Amount: Funding Source: $600,000 $248,293 (current) PIR Fund Council Should Consider Motions to approve, table, or deny the following: • Professional Services Agreement Amendment No. 2 with SRF Consulting in the amount of $8,250 to complete grant applications and management for the MnDOT Safe Routes to School programs related to the Old Highway 10 Trail Proj ect. Background/Discussion On June 12, 2023, City Council approved the Professional Services Agreement (PSA) with SRF to complete "Shovel -Ready" Design of the Old Highway 10 Trail Project. On November 27, 2023, City Council approved SRF to move forward with grant applications as PSA Amendment No. 1 to submit applications to the Metropolitan Council Regional Solicitation Safe Routes to School Grant Program and the MnDOT Safe Routes to School Grant Program. On June 24, 2024, the City Council provided direction to continue to pursue the MnDOT Safe Routes to School (SRTS) Grant. On August 28, 2024, the City of Arden Hills was awarded the Metropolitan Council Regional Solicitation SRTS Grant in the amount of $1,000,000. Attachment A is the proposed Amendment No. 2 to provide professional services to assist with the completion of tasks associated with the 2024/2025 application preparation for the MnDOT SRTS Grant Program. Page 1 of 2 Scope of Services • MnDOT Safe Routes to School Infrastructure Application • Complete Streets Policy. • Safe Routes to School Plan Coordination Assistance with the Mounds View School District. • Overall project management and coordination of funding applications. Budget Impact Budgeted Amount for Engineering: $ 600,000 Actual Desian fees: "Shovel-Fbady' 95%Design $226,443 Amendment No. 1 $13,600 Amendment No. 2 $8,250 Final Design and ROWAcquisition Admin N/A Construction Engineering N/A Total known Engineering fees $248,293 Attachments Attachment A — PSA Amendment No. 2 with SRF Page 2 of 2 Attachment A SRF SRF No. 16750.00 October 17, 2024 David Swearingen, PE Public Works Director/City Engineer City of Arden Hills 1245 W Highway 96 Arden Hills, MN 55112 Subject: Amendment #2 for Professional Services for 2024/2025 Funding Application Support Dear David Swearingen: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this amendment to provide professional services to assist with the completion of tasks associated with 2024/2025 grant application preparation. Project also includes assistance in coordinating interaction with Safe Routes to School planning at the Mounds View School District and assisting in the development of a com- plete Streets Policy for the City. Our team's scope of services is described below, along with the as- sumptions and expectations we have for City staff participation. Scope of Services We propose to carry out the work described as follows: 1. MnDOT Safe Routes to School Infrastructure Application— Old Highway 10 between Lake Valentine Road and Highway 96 — $4,000. 2. Complete Streets Policy and Safe Routes To School Plan Coordination Assistance - $3,500 3. Project Management — $750. • Overall project management and coordination of funding applications. Schedule We will complete this work within a mutually agreed -upon time schedule. The City has submitted a LOI expressing their interest in the MnDOT SRTS infrastructure grant program. After review of the LOI's MnDOT will provide recommendations to proceed with the grant process on November 1, 2024. The final MnDOT SRTS Infrastructure applications are due January 17, 2025. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and www.srfconsuIting.com 3701 Wayzata Boulevard, Suite 100 1 Minneapolis, MN 55416-3791 1 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer David Swearingen, PE City of Arden Hills October 17, 2024 Page 2 mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $8,250, which includes both time and expenses. Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Acceptance/Notice to Proceed This agreement is made and entered into, this day of October 11, 2024. A signed copy of this pro- posal, mailed or emailed to our office, will serve as acceptance of this proposal. Notice to proceed was provided previously based on City Council authorization. The email address is mmcgarveyksrf- consulting.com. We appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. 4'Wgla` F Wl —Vv Michael P. McGarvey, PLA, 6LA Project Director Approved: City of Arden Hills (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. C.\Users\mmcgarvey\Desktop\16750.PP ArdenHi11s.docx ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together vuth the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group; Inc. ('SRF';I and supersede all pnor written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument 1 STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same t me and in the same locality. SRF makes no warranties, expressed or implied, under the Agbement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for; and SRF may rely upon, the accuracy and completeness of all regrirements, orograms. instructions, reports; data; and other information firnrshed by CLIENT to SRF pursuant to this Agreement. SRF may use sucn requirements. reports: data; and information in performing or furnishing services under this Agreement 2 INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this .Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other parry. Nothing contained in this .Agreement shall create a contractual relationsh p with or a cause of action in favor of a third party against either the CLIENT or SRF. SRFs services under this Agreement are being performed solely for the C_IENT's benefit. and no other entity shall have any claims against SRF because of this Agreement or the performance or nonoerformance of services hereunder 3 PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed Invoices are due and payable within thirty-five (35) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45) days after receipt of SRFs invoice thereafter, the amounts due SRF will be increased at the rate of 1-12% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may, after giving seven days Zen notice to the CLIENT, suspend services under this .Agreement until SRF has been paid in full of amounts due for services. expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition. or competitive bidding. SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for'Adorke•s Compensation; General Liability, Automobde Liability and Profess onal Liability and will provide certificates insurance to the CLIENT upon request. o INDENINIFICATION AND ALLOC.ATICN OF RISK To the ful est extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and emp oyees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsu ltants or anyone for whom SRF is legally liable. 7. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination 8 OWNERSHIP AND REUSE C,F DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attomey's fees arising cut of such reuse of documents by the CLIENT or by others acting through the CLIENT. 9. FORCEKWEURE SRF shall not be liable for any loss or damage due to `ai ure or delay in rendenng any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. Page I of 2 (Mridaro Terms ana Con0dions) Rer 3.2I2023 1C. ASSIGNMENT Neither party shal I assign its rights, interests or obligations under this Agreement without the express w•itten consent of -.he other party. 11. BINDING EFFECT This .Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives. executors: administrators; successors, and assigns. 12. SEVERABILITY AND WAIVER OF PROVISIONS .Any provisions or part of the .Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and b riding upon the CLIENT and SRF; who agree that the .Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible tc expressing the intention of the stricken provision. 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 13. SUR'.-WAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 14. DISPUTE RESOLUTION CLIENT and SRF agree to use their best efforts to resolve amicably any dispute. In the event that a dispute cannot be resolved; upon the joint concurrence of the parties to the selection of a mediator, the dispute will be submitted to mediation. 15. CONTROLLING LAW The laws of the state of Minnesota govem this .Agreement. Legal proceedings, if any, shall be brought in a court of competent jurisdiction in the county where the Project is located. 16. SITE SAFETY SRF shall not at any time supervise; direct, control or have authority over or charge o-, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply With laws and regulations applicable to such Contractor's work, since these are solely the Contractors rights and responsibil roes SRF shall not be responsible for the arts or omissions of any Contractor or Owner, or any of their agents or employees; or of any other persons (except SRF's own employees and consultantsl, furnishing or performing any vaork for the Project, except as specifically outlined in SRF's scope of services. 17. GOVERNMENT DATA, P?-,CTICES AND INTELLECTUAL PROPERTY RIGHTS. SRF shall comply with the Minnesota Government Data Practices Act, Annesota Statutes Chapter 13, as it applies to. (1) all data provided by the Client pursuant to this Agreement; and (2) all data. created, collected; received, stored, used. maintained or disseminated by SRF pursuant to this Agreement. SRF is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08 as if it were a government entity. In the event SRF receives a request to release data, SRF will immediately notify the Client. The Client will give SRF instructions concerning the release of the data to the requesting party before the data is released. Page 2 of 2 (51andara Tm5 an0 CoMeorts) Rev-. 3.212023 CONSENT ITEM - 8K r -ARPEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Lucas Miller, Assistant Public Works Director SUBJECT: 2025 Park Improvement Project — Playground Equipment Purchase Budgeted Amount: Actual Amount: Funding Source: $230,000 — Arden Oaks Park $419,565.78 PIR — Parks $245,000 — Freeway Park Total to Date SLP Lions Club Donation $475,000 Total Council Should Consider Motions to approve, table, or deny the following: • Authorize purchase of playground equipment and installation for Freeway Park in the amount of $150,434.00 • Authorize purchase of two additional swings for Arden Oaks Park in the amount of $4,948.78. Background/Discussion Freeway Park: At the September 9, 2024, Work Session, City Council reviewed the survey results from the Open House and online survey for the play structure options for Arden Oaks Park and Freeway Park. The direction from the council was to concur with the recommendation of the PTRC on playground equipment design and color for Arden Oaks Park and to apply for the GameTime Community Champions Playground Grant Funds with the playground design by MWP Recreation that received the most votes. The city was awarded the grant and the equipment for Arden Oaks Park was approved at the September 23, 2024, Council Meeting. Additionally, the Council asked for an alternative option at Freeway Park that included a themed concept of Nature Play that was heard by residents at the Open House that presented the Page I of 3 playground options for both parks. The consultant worked on getting an alternative Nature Play themed option for Freeway Park that was within the budgeted amount. After seeing the alternative option, the council determined that the design option was not substantially different than the original and a second round of community engagement was not needed. The Council concurred with the PTRC recommendation to purchase the playground that received the most votes for design and color. The playground equipment that received the most votes (32 of 48) for Freeway Park was the option from St. Croix Recreation that included a tower structure, swings, and a spinning ground activity. Additionally, the city will work with the playground vendor, but the equipment is not anticipated to arrive until spring of 2025 which will not require a need for storage. The total cost of the equipment and freight for this playground design is $150,434.00. Arden Oaks Park: After additional review of the playground equipment that was purchased for Arden Oaks Park, staff and consultant had additional conversations on the number of swings that are being proposed. There are currently four swings at Arden Oaks, but due to new safety requirements only two swings fit in the current container. From previous park construction experience, reducing the number of swings has not been well received by residents. Staff and consultant investigated on what additional work and equipment would be needed to add two additional swings to the project (total of four swings). A slight modification would be needed to the existing container and a few additional equipment components would be needed. An additional swing bay, two swings, and additional engineered wood fiber surfacing would cost $4,948.78 (does not include cost of perimeter alterations). PTRC The PTRC recommendation was purchase the playground equipment that received the most votes from residents for design and color from the engagement open house and survey. Budget Impact A summary of the project costs and funding sources to date is provided below: Arden Oaks Park budget: Hardcourt rehab $80,000 Play structure replacement $150,000 Total Budget $230,000 Freeway Park budget: Hardcourt rehab $80,000 Play structure replacement $150,000 Landscape barrier $15,000 Total budget $245,000 Funding source: Arden Oaks Park $230,000 PIR - Parks Freeway Park $230,000 PIR - Parks SLP Lions Club $15,000 Total Funding $475,000 PIR - Parks Page 2 of 3 Estimated Costs: PSA — Public Engagement and Project Scope $12,419 PSA — Design & Construction Admin $79,586 Arden Oaks Park Construction and Amenities TBD Arden Oaks Park Playground Structures $172,178 Arden Oaks Swing Addition $4,948.78 Freeway Park Construction and Amenities $TBD Freeway Park Structures $150,434 Materials Testing TBD Current Project Cost $419,565.78 Total Project Cost TBD Attachments Attachment A — Freeway Park Survey Results Attachment B — St. Croix Recreation Equipment Quote & Site Layout Attachment C — MWP Swing Quote & Design Page 3 of 3 Freeway YJ Park Playground Attachment A Option 3 COLOR PALETTE OPTIONS Option 1 Option 2 Option 3 BLIZZARD WOODLANDS WEST PALM Option 4 I Option 5 I Option b MACAW FORESTER WOODLANDS s Option 4 L. 32 Option 3 , 8 Option 2 I 3 Option 1 ' 5 0 20 40 # of votes (48 total) Option 6 ` 6 Option 5 18 Option 4 ■ 4 Option 3 7 Option 2 8 Option 1 5 0 10 20 # of votes (48 total) BOLTON & M E N K EN HILLS Real People. Real Solutions. September 2024 Burke PLAY THAT MOVES YOU SCISURKE.COM • 500.266.1250 St. Croix Recreation Fun Playgrounds Inc. 1370 County Rd E I Saint Paul, MN 55112 Attachment B �J.uo/j 144111 I AXIII1111041 Burke PLAY THAT MOVES YOU. SCISURKE.COM • 800.266.1250 Dear Bryce Shearen: 1370 County Rd E I Saint Paul, MN 55112 October 23, 2024 Bryce Shearen Bolton & Menk, Inc. City of Arden Hills 1245 County Hwy 96 Arden Hills, MN 55112 St. Croix Recreation Fun Playgrounds Inc. is delighted to provide City of Arden Hills with this playground equipment proposal. This design was developed with your specific needs in mind, and we look forward to discussing this project further with you to ensure your complete satisfaction. St. Croix Recreation Fun Playgrounds Inc. is confident that this proposal will satisfy City of Arden Hills's functional, environmental, and safety requirements -- and most importantly -- bring joy and excitement to the children and families directly benefiting from your new playground. You have our personal commitment to support this project and your organization in every manner possible, and we look forward to developing a long-standing relationship with City of Arden Hills. We appreciate your consideration and value this opportunity to earn your business. Sincerely, Mike Basich Sales Representative St. Croix Recreation Fun Playgrounds Inc. 1826 Tower Dr W Stillwater, MN 55082 www.www.funplaygrounds.com www.bciburke.com Phone: 651-430-1247 Fax: - mb@stcroixrec.com �1.00/,r RECREATION Burke PLAY THAT MOVES YOU. BCIBURKE.COM • 500.266.1250 DESIGN SUMMARY St. Croix Recreation Fun Playgrounds Inc. is very pleased to present this Proposal for consideration for the Freeway Park located in Arden Hills. BCI Burke Company, LLC has been providing recreational playground equipment for over 100 years and has developed the right mix of world -class capabilities to meet the initial and continuing needs of City of Arden Hills. We believe our proposal will meet or exceed your project's requirements and will deliver the greatest value to you. The following is a summary of some of the key elements of our Proposal: • Project Name: • Project Number: • User Capacity: • Age Groups: • Dimensions: • Designer Name: Freeway Park 100-192999-1 120 5 to 12 88' 7"x44' 1 I" Kathleen Yttri St. Croix Recreation Fun Playgrounds Inc. has developed a custom playground configuration based on the requirements as they have been presented for the Freeway Park playground project. Our custom design will provide a safe and affordable playground environment that is aesthetically pleasing, full of fun for all users and uniquely satisfies your specific requirements. In addition, proposal # 100-192999-1 has been designed with a focus on safety, and is fully compliant with ASTM F1487 and CPSC playground safety standards. We invite you to review this proposal for the Freeway Park playground project and to contact us with any questions that you may have. Thank you in advance for giving us the opportunity to make this project a success. ti1.00/,r RECREATION GROUP: NU NP-33401 Freestanding DESIGNED FOR AGES: 5to12 W A� =�Wa �m <WN �scW a- J 7 QQ 7 W H T SiF- C)z<m O Wm W zm!=< IiI C Yl N Q C N _ N T� VL.r C p U d o �c(AE4) L)8mo, y N m O N.L O— cC oU c'O a� c E a 0 oU 2 mEa`(nam F88�ya N W W 0 IL Z 0 t9 � N Dz � j 19U 21 ■r~,W m Freeway Park 10/23/2024 Saint Paul, MN 55112 St. Croix Recreation Fun Playgrounds 100-'�9g999-1 PLAY 7HR7 MOVES YOIS. Burke Designer: Kathleen Yttri GROUP: N U N P-3340 DESIGNED FOR AGES: 5to12 C N N � O. C y _ N Q._ C. 0 `oBU) E rn c Q- Ea ''-a E m yU o0)00 0 � y 0 N .L O — c U 'o m p E a o 2 �o.pU�� mEcuio� F coi comma Cl) W O � Z H =) Z OW K> Ow w J am �L • w U U a W W co w U Z W • U • ~a W fn H F aZ • >w w> J W W J Z a ~ Z n W W W Z O N W W U) J W U. O o Z Uj " lm ❑ w N Z fn ED 0 ,n N Lu m �0 .. N J 0 F M F > Q �5 H O OQdv)a Freeway Park 10/23/2024 Saint Paul, MN 55112 St. Croix Recreation Fun Playgrounds 100-492999-1 BurkeDesigner: Kathleen Yttri PLAY THAT MOVES YOLi GROUP: Freestanding DESIGNED FOR AGES: 5 to 12 C� Freeway Park Saint Paul, MN 55112 BurKe. PLAY THAT MOVES YO(I C N N � O. C y _ N Q._ C J `oBU) E Q-m c ''-a E m yU o0)00 0 -0y 0 N .L O — C U 'o m aEaio2 O O. O C)Em d `cuio� F coi comma a S LLI U IN Q LLI C J W m LL Z N W U • ~ Q W W O N w C m N C E E m w o C y E 0 � a l0 E 2 y L N C O O En W Z 0 N LU y W 7 N LL co O o is G Z �N � N o cn N W N � m m .. N a) F Us Q co Z L H W m N > 2 5 0 o¢atna 10/23/2024 St. Croix Recreation Fun Playgrounds 100-492999-1 Designer: Kathleen Yttri 5 tl o w o o J 8 J Z V N m = O O¢ 3 Q a = 0 O K Q Q z �w w m w C z W Z W w 2 rn�p d' O r; J gO G w = -' a w N f n f¢ a ¢ C7 ¢ a J O 3 O x x w m w m n w O m a a O p w W x V LL z O V „�, z m z r w LL V H d O v O x w m w z g= ~ w w > m° z O x V w o z w m f° 3 ¢ 0 O 3 O E p g m 0 0 O f 5 w z 5 w z u o V u w ^ °o > w > > to 0° w > w > a ~ f N O a = u w 0 w O O O °C u1 m¢ O um w x w N oo x 0 0 5 N O w V 8 Z " 0 O F x m H m m x~ m w¢ V F x m N Z x O p l'1 w x m Y O w V a OO x m O ~ a z O w 5 O d w O 1 O = z _ ¢ w a Z Q 2 0¢ Q V w N H N N > O V G P N z H V 1' V C' N V H H > N > N V V > 2 0� V V > N P P OOOP �Op� O �p N �p O� .Op I� ��pO P m O� OJ I�D� O� P N in Mp po O OOP in .y O O O O O O O O O O O O O O O O O O O O O O O O O O 8 4 O O 6 Q O Q O N O Q O 4 O V P P P P P ? P P P t0 m O� O N SERIES Nucleus I Intensity COMPONENT VIEW GROUP: N U N P-3340 Freeway Park Saint Paul, MN 55112 DESIGNED FOR AGES: 5 to 12 �urice PLAY THAT MOVES YOU, 10/23/2024 St. Croix Recreation Fun Playgrounds 100-492999-1 Designer: Kathleen Yttri SERIES Burke Basics COMPONENT VIEW GROUP: Freestanding Freeway Park Saint Paul, MN 55112 DESIGNED FOR AGES: 5 to 12 �urice PLAY THAT MOVES YOU, 10/23/2024 St. Croix Recreation Fun Playgrounds 100-492999-1 Designer: Kathleen Yttri GROUP: NUNP-33401Freestanding DESIGNED FOR AGES: 5to12 „61-11, 1461aH xeW IleJanp Freeway Park Saint Paul, MN 55112 Burke PLAY THAT MOVES YOU. 10/23/2024 St. Croix Recreation Fun Playgrounds 100-192999-1 Designer: Kathleen Yttri GROUP: N U N P-3340 DESIGNED FOR AGES: 5to12 „L L-11, 1461aH xew Ile1aA0 Freeway Park Saint Paul, MN 55112 Burke PLAY THAT MOVES YOU. 10/23/2024 St. Croix Recreation Fun Playgrounds 100-192999-1 Designer: Kathleen Yttri GROUP: Freestanding DESIGNED FOR AGES: 5to12 Freeway Park Saint Paul, MN 55112 �urice PLAY THAT MOVES YOU, 10/23/2024 St. Croix Recreation Fun Playgrounds 100-492999-1 Designer: Kathleen Yttri GROUP: N U N P-33401 Freestanding DESIGNED FOR AGES: 5to12 Freeway Park Saint Paul, MN 55112 eurice PLAY THAT MOVES YOU. W-W-1 mm- 1012312024 St. Croix Recreation Fun Playgrounds 100-192999-1 Designer: Kathleen Yttri 1 1 ! 1 •auaunz " Ed ISOMETRICSERIES Nucleus I Intensity GROUP: Freeway Park 10/23/2024 N U N P-3340 Saint Paul, MN 55112 St. Croix Recreation Fun Piz DESIGNED FOR AGES: BurK� Designer: 5to12 PLAY THAT MOVES YOU Kathleen Yttr COMPANY,P• BOX 549 FOND DU LAC, WI 54936-0549 1920.921,9220 1 BCIBURKE.COM GROUP: ` Freeway Park 10/23/2024 Freestanding 1 Saint Paul, MN 55112 St. Croix Recreation Fun Playgrounds DESIGNED FOR100-492999-1 to BCI BURKE COMPANY, LLC I PO BOX 549 FOND DU LAC, WI 54936-0549 1920.921.9220 1 BCIBURKE.COM 11 o d ' E N 'Q 3c 2 a s t9 Q .� Q N m Z d ri a N C ry L 8 C 3 U O d j 2Q P m g v y 0 O m` t in � w TRADITIONAL SERIES SITE AMENITIES ROCKIT CLIMBERS 4. Green Blue Red Tan Brown Black Gray Granite Sandstone HDPE PLASTIC PANELS ra JIM L r ro I ro I ro Green/Tan Olive/Black Ume/Black Ocean/Black Blue/White Blue/Yellow Purple/Gray Green Single -Color Olive Single -Color Lime Single -Color Ocean Single -Color Blue Single -Color Blue Single -Color Purple Single -Color / IN,�r �r �r �r �r Red/White Orange/Black Yellow/Black Yellow/Red Tan/Green Brown/Tan Black/Gray Gray/Black Red Single -Color Orange Single -Color Yellow Single -Color Yellow Single -Color Tan Single -Color Brown Single -Color Black Single -Color Gray Sirgle-Color SHADE CANOPIES Green Aqua Blue Red Orange Gray Charcoal V4&V.AVAVAV,,... d! V,V,,,,,,�,4 Lime Sky Purple Mahogany Yellow Sand Brown ROTOMOLD PLASTIC Green Olive Lime Ocean Blue Purple Red Orange Yellow Tan Granite VISIT SCIBURKE.COM/COLOR TO CUSTOMIZE YOUR PLAYGROUND COLORS! BCIBURKE.COM Burke 800.2GG.1250 BCI Burke Company, LLC ("Burke") warrants that all standard products are warranted to be free from defects in materials and workmanship, under normal use and service, fora period of one (1) year from the date of shipment. We stand behind our products. In addition, the following products are warranted, under normal use and service from the date of shipment as follows: • One Hundred (100) Year Limited Warranty on aluminum and steel upright posts (including Nucleus®, Nucleus E volution®, Nucleus AspireTM, Intensib/0, Level X®, Synergy'•, Synergy Imagination® & 4Me® against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on KoreKonnece clamps against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on Hardware (nuts, bolts, washers) • One Hundred (100) Year Limited Warranty on bolt -through fastening and clamp systems (Synergy®, Intensity®, Nucleus). • Twenty -Five (25) Year Limited Warranty on spring assemblies and aluminum cast animals. • Fifteen (15) Year Limited Warranty on structure platforms and decks, metal roofs, table tops, bench tops, railings and barriers against structural failure due to materials or workmanship. • Fifteen (15) Year Limited Warranty on all plastic components including StoneBorders against structural failure due to materials or workmanship. • Ten (10) Year Limited Warranty on ShadePlay® Canopies fabric, threads, and cables against degradation, cracking or material breakdown resulting from ultra -violet exposure, natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications.natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications. • Ten (10)Year Limited Warranty on NaturePlayA Boulders and GFRC products against structural failure due to natural deterioration or workmanship. Natural wear, which may occur with any concrete product with age, is excluded from this warranty. • Ten (10) Year Limited Warranty on Full Color Custom Signage against manufacturing defects that cause delamination or degradation of the sign. Full Color Custom Signs also carry a two (2) year warranty against premature fading of the print and graphics on the signs. • Five (5) Year Limited Warranty on Nucleus, Intensity®, and RopeVenturel cables against premature wear due to natural deterioration or manufacturing defects. Determination of premature wear will be at the manufacturers discretion. • Five (5) Year Limited Warranty on rubber belt material against premature wear due to natural deterioration or manufacturing defects. Determination of premature wear will be at the manufacturers discretion. • Five (5) Year limited Warranty on moving parts, including swing components, against structural failure due to materials or workmanship. • Five (5) Year Limited Warranty on PlayEnsemble® cables and mallets against defects in materials and workmanship. • Three (3) Year Limited Warranty on electronic panel speakers, sound chips and circuit boards against electronic failure caused by manufacturing defects. The warranty stated above is valid only if the equipment is erected in conformity with the layout plan and/or installation instructions furnished by BCI Burke Company, LLC using approved parts; have been maintained and inspected in accordance with BCI Burke Company, LLC instructions. Burke's liability and yourexclusive remedy hereunder will be limited to repair or replacement of those parts found in Burke's reasonable judgment to be defective. Any claim made within the above stated warranty periods must be made promptly after discovery of the defect. A part is covered only for the original warranty period of the applicable part. Replacement parts carry the applicable warranty from the date of shipment of the replacement from Burke. After the expiration of the warranty period, you must pay for all parts, transportation and service charges. Burke reserves the right to accept or reject any claim in whole or in part. Burke will not accept the return of any product without its prior written approval. Burke will assume transportation charges for shipment of the returned product if it is returned in strict compliance with Burke's written instructions. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN FULL FORCE AND EFFECT, ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO AND LIMITED BY THE TERMS OF BURKE'S PRODUCT WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Warranty Exclusions: The above stated warranties do not cover: "cosmetic" defects, such as scratches, dents, marring, or fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthorized repair or modification, abnormal use, lack of maintenance, or other cause not within Burke's control; and Limitation of Remedies: Burke is not liable for consequential or incidental damages, including but not limited to labor costs or lost profits resulting from the use of or inability to use the products or from the products being incorporated in or becoming a component of any other product. If, after a reasonable number of repeated efforts, Burke is unable to repair or replace a defective or nonconforming product, Burke shall have the option to accept return of the product, or part thereof, if such does not substantially impair its value, and return the purchase price as the buyer's entire and occlusive remedy Without limiting the generality of the foregoing, Burke will not be responsible for labor costs involved in the removal of products or the installation of replacement products. Some states do not allow the occlusion of incidental damages, so the above occlusion may not apply to you. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered "normal wear" in this environment. Product installed within 500 yards of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. Contact your local Burke Representative for warranty information regarding Burke Turf® and Burke Tile products. Terms of Sale Pricing: Prices published in this catalog are in USD, are approximate and do not include shipping & handling, surfacing, installation nor applicable taxes. All prices are subject to change without notice. Contact your Burke representative for current pricing. Payments are to be made in USD. Weights: Weights are approximate and may vary with actual orders. Installation: All equipment is shipped unassembled. For a list of factorycertified installers in your area, please contact your Burke representative. Specifications: Product specifications in this catalog were correct at the time of publication. However, product improvements are ongoing at Burke, and we reserve the right to change or discontinue specifications without notice. Loss or Damage in Transit: A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition upon arrival. Before you sign, please check the Bill of Lading carefully when the shipment arrives to make sure nothing is missing and there are no damages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss orshortage. For more information regarding the warranty, call Customer Service at 920-921-9220 or 1-800-356-2070. 01 /2024 BCIBURKE.COM Burke S00.26G.1250 St. Croix Recreation Fun Playgrounds INC. 1826 Tower Dr W Stillwater, MN 55082 USA +16514301247 hannah@stcroixrec.com Estimate ADDRESS City of Arden Hills 1245 W Hwy 96 Arden Hills, MN 55112 4.(ROIX Ati] R ��L11►_ ESTIMATE # 7214 DATE 10/23/2024 EXPIRATION DATE 11/22/2024 SHIP TO City of Arden Hills 1245 W Hwy 96 Arden Hills, MN 55112 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA SALES REP Truckload MIKE BASICH ACTIVITY QTY Playground Equipment:BCI 100-192999-1 CUSTOM BURKE 5-12 PLAYSTRUCTURE PER ATTACHED DETAIL AND PLAN IMAGES Freight Freight quotes currently only valid for 15 days. Quote based on information currently listed on estimate. Modifications to delivery address, contact or offloading capability must be made prior to order. If made after order is placed, surcharges may apply. INSTALL INSTALLATION OF EQUIPMENT: Installation will be by independent contractor and will include excavation of expanded site, labor and materials to expand border, backfilling and seeding new border, certified installation of all play equipment. MATERIAL ITEMS AS QUOTED ARE GOOD FOR 30 DAYS. FREIGHT QUOTES ARE GOOD FOR 15 DUE TO FUEL UNCERTAINTIES. SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR SUPPLY EXEMPTION CERTIFICATE IF NOT ON FILE. PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED. FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO INTEREST AT A RATE OF 1.5%/MONTH OR 18% ANNUALLY. "LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT INVENTORY. PLEASE BE PATIENT AS OUR VENDORS NAVIGATE SUPPLY CHAINS & NATIONAL SHORTAGES. "'FOR BIDDING CONTRACTORS & SUPPLIERS: ST CROIX RECREATION IS NOT LIABLE FOR INTERPRETATION OF PROJECT BIDS, DRAWINGS OR ADDENDA. IT IS THE CUSTOMER'S RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER(S), DESCRIPTION(S), QUANTITY AND COLOR(S) DIRECTLY WITH END SUBTOTAL TAX (0%) TOTAL RATE AMOUNT 121,634.00 121,634.00T 2,800.00 2,800.00 26,000.00 26,000.00 $e 150,434.00 0.00 $150,434.00 By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. "Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract" USER INSTALLATION WILL BE PERFORMED BY INDEPENDENT CERTIFIED CONTRACTOR UNDER A SEPARATE SERVICE AGREEMENT OR CONTRACT AND WILL BE INVOICED DIRECTLY BY THE CONTRACTOR. Accepted By Accepted Date By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. "Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract" MWP Recreation 10/23/2024 4800 Olson Memorial Hwy, Suite 130 Golden Valley, Minnesota 55422 Pro Forma Invoice Ph. 800-622-5425 1 763-546-7787 Fax 763-546-5050 1 harlan@mwprecreation.com #105149-01-13 CONSULTANT: HARLAN LEHMAN recreation Attachment C Arden Oaks Park - Arden Hills, MN - Add A Bay Swings INVOICE City of Arden Hills Ship to Zip 55112 Attn: David Swearingen 1245 West Highway 96 Arden Hills, MN 55112 United States Phone: 651 792 7847 dswearingen@cityofardenhills.org 1 EWF EWFLGE - Engineered wood Fiber, additional 40 SF $497.00 $497.00 $497.00 1 161290 GameTime - Geo-Textile 2250 Sqft Roll $1,147.00 $1,147.00 $1,147.00 1 12584 GameTime - Ada Primetime Swing Aab, 3 1/2" Od $1,167.00 $1,167.00 $1,167.00 1 8552 GameTime - 3 1/2" Zero-G Chair (5-12)-Gals Chain $781.00 $781.00 $781.00 1 8696 GameTime - Encl Seat 3 1/2"(8696) $478.00 $478.00 $478.00 Sub Total $4,070.00 Freight $878.78 Comments Owner is responsible for adequate border to contain safety surfacing and equipment Owner is responsible for flat and graded site upon arrival Owner is responsible for accepting and storage of equipment Owner is responsible for backfilling and compacting of existing footing Optional: Assemble Add a Bay Frame, Swings and spread wood fiber. $1,369.00 Please initial if you want this option Payment terms: per the requirements of the grant, payment in full, check submitted with order GameTime Page 1 of 1 LLI W = DO Of mm Of W 0 Of O m 0 Z N X W U) W W I-- r4s TEA I I 4 < tlRb F0= I I I GSq 8q I .Fio cnN ������ a LO < I II zI -----I — — — — — w \ /� C °) ° C N OO O OiO+ 7 CCO OO O �+0+ N E O T O N aci TN co aC ° 3 7 0 0° ° cv N E N O U a� ~ ui E c°'i ° OL ° ° ° o rncn am ° C 4), ° ° ° c i N N C— -° °� o c aao w a� o o E° o,a�i ° °s c°i o o a0 2 c o 01 u! 0' ° O0 O ' O T O"� 0 C N C° O+�+ D° � !E 010 A+- > 0 0+ L Oo f � 3: E U) O» Co O c, D 0 E 0 U O L, L LEI LL I Q 0 W W (n W m L L W z O O (Qi�w3N c T O�° E O) 0 C ': v) p X — N 00 C N TV ° ° ° ° ° o Q-O C O + C -0 U U O C C E O L a'O N N 0 N N 0 U -O — O 0 O (0 -0 C L O 0- O N A O 0) co 0- U) Y co O c a� N I I 0 CONSENT ITEM - 8L 'It WIZEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Lucas J. Miller - Assistant Public Works Director SUBJECT: 2024 CIPP Lining Project — Payment No. 3 Budgeted Amount: Actual Amount: Funding Source: $415,000 $400,360 Sanitary Sewer Utility Fund, MCES I/I Grant Council Should Consider Motions to approve, table, or deny the following: • Payment No. 3 for the 2024 CIPP Lining Project to Hydro-Klean, LLC in the amount of $8,609.37. Background/Discussion On April 8, 2024, the City Council approved Resolution 2024-018 Accepting Bid and Awarding the Construction Contract with Hydro-Klean, LLC for the 2024 CIPP Lining Project in the amount of $505,280. The project is approximately 95% complete at this time. Items completed to this point include pre -televising, pre -cleaning, lining and post -televising the entirety of the sewer main system within the project and also the open trench repair of a failing sewer leg identified within the plan set. Five percent is being withheld from the work completed in accordance with the contract documents. Payment No. 3 is in the amount of $8,609.37. Staff recommends that Council approve Payment No. 3. Budget Impact A summary of the project costs and funding sources to date is provided below: Page 1 of 2 Total As -Bid Costs: Construction (Primary) $ 282,260 Construction (Alternate) $ 56,700 En ing eering Services $ 61,400 TOTAL $ 400,360 Total Estimated Funding Sanitary Sewer Utility Fund $ 400,360 TOTAL $ 400,360 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. I/I grant eligible funds are 25% of the pipelining bid item costs which calculates to $70,565. The 2024-2028 CIP Budget includes funding in the amount of $415,000 for the proposed work. Attachments Attachment A - Recommendation Letter from TKDA Attachment B - Pay Request No. 3 Page 2 of 2 3 TMA Attachment A October 24, 2024 Lucas Miller Assistant Public Works Director City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Arden Oaks Payment Application #3 City Project No. PW-23-0101 TKDA Project No. 20940.000 Sent via email only: LMiller@cityofardenhills.org Hydro Klean has performed the remaining CIPP lining for the 2024 CIPP Lining Project. Attached please find the payment application #3 for the work performed to date. TKDA recommends payment of payment application #3 for the 2024 CIPP Lining Project. If you have any questions or concerns, please contact Larry Poppler with TKDA at 651.292.4457. Sincerely, Larry P. Poppler, PE Group Manager, Roadways and Utilities 444 Cedar Street, Suite 1500, Saint Paul, MN 55101 1 tkda.com 1651.292.4400 Attachment B M N N N O O Cl N N N � Q N N O W bi Z a a H Z o p U r, U C 6r JVZ Q Z Cf)¢CLQ o a Q U J W Q 1� Z W I.L O LL W I-- V LLI V 0 Z Z O U_ J a a Q O O O V C O C N J a a o U A N N a w w a a v N LO LO W Z 0 O O N O N L M i f0 O O Q L� r O i 30 'o Z CV c 2 cc) 0 L C 1 o I t N of O i aU I � I �- I Z O L U U O O It) c0 � LLO V? N 1 N act ccc O O � M ea LNn °O LO LO N N N Cr) LO CO O M C2 r � pC N U as 69 G9 69 3 co L co Ln CD ' CO N v w W c 2 < z W O c d Q Q= of+ O W a O W - F- U' Cn 0 Co CD N 0 a 0 Q W g U Z O a' WLL Z o c Z OLu W O F- U Q• LL, O c �C7F-� W EW U Q E F-Q0ets N~ 20 Z J n U V O o w w Z � O J U E WZ d Z M J O c6 0 0Lu = 4k >- LL Cn c_00 O U' W l0 an Z O y d �a�s c > F- O vE, QQ��Q a-a-W Of�'Z U F- Z JZ a_s ) JacoW Z Z Q Fa- U Cn (0 F- c� c a' Z.� 0ZL)OOf cd aH�-i�U co a •-- CV C") rY LO CO (l- 00 Q) �a N O N O O U O O N O U C) cA N I •j I I N Cr c C d o � 2 � U Ql!! = 69 Wf N = 3c E O N OL y N m O C E N W U O a�i t o 2 < c o 00 2 v E m O y CM 7 C U) .- N t COD (D1 -2 'O W M ? 0 O A O c rn ol rn CIS - Z�U U m c°L m C) Q U H U H Z r N W Of C L d R — � Z Q � (J p p coo N O of r Z LL O<Lu e e e e e e Z 0 0 0 o o e 0 e CC! O O e O r a 0 0 0 0 0 0 0 0 0 0 O W a r z O U 0 W Z < W O O N O po W C'i O p QNI O p 00 p r Z 0 QMI O U7 OD � Oh' O cl ph' O 6p9 � O !!) !!) U> !!) !!) U> Q W r r Q 0 0 0 O 0 p 0 O 0 0 0 O Z Q Q m LIB 0 v O Op rn O O CY r Q Z O O M O 0 0 O O Op r 0 pMj 0 1� p 0 O p Q en en en U y� o o v o O o uoi. o 0 0 0 0 r LL M O O O O N 0 0 0 T Z� O aD U � r } U4 r O O F- z Z ? N LPl LPl O U O r Z_ M M M M > a a a r of LL of r LL 2 2 `" LL 2 Z 2 2 Z W W ? W N � J � Q 2 C W W r p Q a W 0 U C O W U d f6 LL Q O W co o Z uwi w w 0 a w =' z a¢ K c n z ¢ w z� w w LL Z m rnrn O J>wu�C7¢¢�LL z> �y N d) a_ cr0N�ZNz�w wo J C (6 O (p c m d' Z O Z U } W J W F- o, LL, W Q= fn O W N Z c O o a Y— vvi p 2 � (0) 0 .6 Cn of Z r r> U A v c� o 0 J LL d Z d J F FK N f/i H crlU W m N O >' J WQ r GZ LL W W Q Z U)c� a Lu U2r0ww U) C N J _ O Z Z J O v v N N N M 0 0 M M 0 0 N v 0 0 v 0 ¢V d of Z W a N 0 0 Q Q LU O O LL Cl) N N N N N N N N N N J ofF- F- N Q F F U U F W ci O W W W 'Q Z Z Z cG m N M O Lp I� O O o Z W > Q W 0 a a 0 0 ~ m a O O N w PUBLIC HEARING -10A 'It EN HILLS MEMORANDUM DATE: October 28, 2024 Honorable Mayor and City Councilmembers TO: Jessica Jagoe, Interim City Administrator FROM: Joua Yang, Finance Director SUBJECT: Adoption of Ordinances for Implementation of Electric Franchise Fees and Renewal of Existing Electric and Gas Franchise Agreements Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider The City Council is asked to conduct a Public Hearing on the proposed Electric Franchise Fee ordinance to implement an electric franchise fee dedicated to the new fire station. This review will include ordinances for renewal of the City's 20-year franchise agreements with Xcel Energy for permission to construct, operate, repair and maintain their gas and electric distribution systems for the purpose of furnishing energy for public and private use within the City of Arden Hills. The City Council will be asked to make a formal decision regarding the implementation of franchise fees and renewal of franchise agreements under Agenda Item I IA. Background The Minnesota Public Utilities Commission regulates public utilities and has authorized cities to impose a franchise fee on energy providers for utilization of public rights -of -way through a utility franchise agreement. When a franchise fee is levied on a private utility, it is passed on directly to customers and itemized on customer bills. These fees are invoiced and collected from all property classes, including residential and commercial property, public agencies, and non-profit businesses. Franchise fees are an equitable way to raise funds for important infrastructure needs. A franchise fee can only be implemented through a franchise agreement with the local energy provider (Xcel Energy). There are over 370 franchise agreements for electric and/or gas services that have been established throughout Minnesota, and the City of Arden Hills has a long history of partnering with Xcel Energy with both gas and electric franchise agreements in place for many years. Included as Attachment G is a listing of a few other Minnesota cities with franchise fees (2022- 2023 rate schedules from the Public Utilities Commission, PUC). The City is anticipating future gaps in funding for infrastructure needs. These gaps are largely due to increased costs for the new Lake Johanna Fire Department (LJFD) station project, trail projects, and an equipment needs schedule. The City has relied on additional funding sources in the past, like building permit revenues; however, building permit revenues are difficult to predict and have not met the City's operational needs and obligations. Page 1 of 4 Staff held a Capital Funding Update Open House on Saturday, April 20th at City Hall, sharing the anticipated future gap in capital funding for the City. Staff shared information on the City's current infrastructure investments and priorities, revenue sources, and the need for the City to generate additional revenue to fill the gap. Staff reviewed franchise fees and property tax levies as financing options and their impact to property owners. A survey was released, thereafter, for City residents and businesses to provide additional input. During the May 13, 2024 Work Session, staff shared the survey results. There were 73 residential survey responses, with approximately 54% choosing a franchise fee option (22% - electric only; 32% - gas and electric), approximately 30% choosing a property tax levy option, and approximately 17% choosing the combination of property tax levy and franchise fee option. For those respondents who chose any combination of a franchise fee option, approximately 64% indicated the City should consider dedicating the fees for a specific purpose. Some common themes included bike lanes, park and trail improvements; structures and road maintenance; storm water system maintenance and utility infrastructure; fire station. Respondents also provided their concerns and additional comments for Council consideration. Some common concerns shared is that an increase to property taxes would burden taxpayers and would remain in effect indefinitely. Additionally, some respondents shared that non -profits should be assessed a fee in lieu of taxes, which would mean assessing a levy increase on residents and imposing a franchise fee on non- residential and non-profit organizations. Council's consensus was in favor of implementing electric franchise fees, to be directed towards the LJFD new station. At the July 22 budget work session, and included in the 2025-2029 CIP budget, are franchise fee assumptions of $375,000 annually, estimated to start in 2025 to offset debt service for the new fire station. Per the August 19 budget work session, Council directed staff to work with the City's financial advisor, Ehler's, to determine the timing and structure of a bond issuance to occur in the spring of 2025, in order to align with the anticipated development of the new fire station. Staff and Ehler's recommend that the City issue bonds independently of one overarching project bond, as this will allow the City to take advantage of more favorable interest rates through the issuance of Bank Qualified (BQ) bonds (less than $10 million of tax-exempt bonds). At the September 23 work session, Council discussed at length, the cost of the new fire station in conjunction with debt service and franchise fees. At the October 14 work session, Council discussed the various electric franchise fee rate structure scenarios provided by Xcel Energy. Council directed Xcel to provide rate options for a revenue target of $435,000 (Attachment B), which would be a 10% revenue cushion above the $395,000, 15- year annual debt service payment. This would allow the City to meet its annual debt service obligation, with any excess collected to be directed towards paying down the principal balance. With the debt service payments expected to occur in February 2026, staff recommends adoption of the franchise fee rate structure no later than November 2024. This timing is crucial to allow Xcel Energy time to meet the Public Utilities Commission's requirements. Below is a timeline of key dates to ensure proper implementation of franchise fees in order to meet the City's bonding need in the spring of 2025. Page 2 of 4 • October 28, 2024 — City Council Franchise Fees Ordinance & Agreement • November 2024 — January 2025 — PUC review of Franchise Fees • February 2025 — Implementation of Franchise Fees (aligns one year in advance of debt service payment) • Tentative May 15, 2025 — Cities Issuance of Bonds for LJFD Headquarters • February 2026 — Debt Service Payment Xcel Energy is the natural gas and electric service provider to properties in the City of Arden Hills. Ordinance 2009-014, electric distribution and transmission franchise ordinance, and Ordinance 2009-015, the natural gas franchise ordinance, were approved by the City on November 30, 2009. Both ordinances have twenty year terms that expire on November 30, 2029. City staff and the City Attorney have been working with Xcel to prepare updated franchise ordinances for review. While the franchise agreement is structured as an ordinance, it is legally considered a contract that requires approval from both parties. According to the League of Minnesota Cities, the primary purpose of these franchise ordinances is to provide uniform provisions that incorporates the broad municipal statutory franchise rights that exist in Minnesota Statues and rules from the Minnesota Public Utilities Commission (MPUC) into an ordinance or agreement for each service. The franchise agreements also provide the City an opportunity to negotiate and charge a franchise fee, which is discussed in further detail in the below section. It is important to note that the franchise agreements only apply to the use of public rights -of -way and public property, which includes public roads, parks, and trails. Electric or gas lines that cross private property are subject to the regulations in the underlying private easement. Lastly, the City Council directed city staff to bring forward at the October 28th City Council regular meeting, the necessary ordinances for implementation of electric franchise fees and associated agreements. A public hearing is not required for ordinance adoption, the Council elected as part of the process to allow an opportunity for public comment as part of this meeting. Proposed Ordinances The draft ordinances are based on the League of Minnesota Cities (LMC) model ordinance, updates proposed by Xcel, and language provided by the City Attorney. While there is some flexibility in the language of the ordinance, much of it is guided by existing Minnesota statutes and rules. Existing Franchise Agreement Ordinances Despite one ordinance being for electrical service (Attachment E) and the other for natural gas service (Attachment F), the provisions of the two ordinances are nearly identical, with the exception of that the proposed new franchise fee rates are included in the electric franchise agreement ordinance under Section 9. Both ordinances are proposed to have twenty year terms which is the same term as the existing agreements. The City's existing gas ordinance is set to expire in 2029 and is being brought forward for renewal to align with the two electric franchise agreements. There are no changes to the gas ordinance as the City will not be imposing a franchise fee on gas utilities. Page 3 of 4 New Franchise Fee Ordinance Attachment D is a new and separate, draft electric franchise fee ordinance. The City has not imposed a franchise fee on gas or electric services in the past. The franchise fee structure will be a monthly flat fee on each premise that will take effect 90 days after written notice to Xcel following the Public Utilities Commission review period. The fee structure can be amended anytime throughout the twenty-year agreement. These agreements have been reviewed by the City Attorney and will need to be fully approved and executed prior to Xcel Energy's implementation of franchise fees on customers' bills. Additional Information and Considerations According to Minnesota Statute 216B.36, a city may impose a franchise fee on a gas or electric utility for the use of the public right-of-way by adopting an ordinance that establishes fee terms, including structure, collection, schedule and effective dates. Franchise fees are established by ordinance which provides an opportunity for the City Council to adjust these fees as needed. Franchise fees can be used for any public purpose, but Arden Hills will be designating these fees towards the new LJFD station. When comparing franchise fees to the property tax levy as a revenue source, advantages include: • Proportionate share of fees across all property owners (includes non -profits) • Diversifies the City's revenue sources • Provides a reliable source of revenue on an annual basis • No administrative cost to the City as Xcel collects the fees The City Council will be asked to make a formal decision regarding the implementation of franchise fees and renewal of franchise agreements under Agenda Item 11A. Budget Impact None as the revenue generated from the electric franchise fees will be directed to fund the construction of the new LJFD station. Attachments A. Preliminary Series 2025 General Obligation CIP Bond Schedules B. Electric Franchise Fee Rate Structure Scenarios C. Comparative Analysis — Property Type D. Draft Ordinance 2024-012 Northern States Power Company Electric Francise Ordinance with Fee E. Draft Ordinance 2024-013 Northern States Power Company Electric Franchise Fee Agreement F. Draft Ordinance 2024-014 Northern States Power Company Gas Ordinance without Fee G. Exhibit PUC Report Franchise Fees Northern States Power H. PowerPoint Presentation Page 4 of 4 Attachment A 2025 DEBT SERVICE SCHEDULE LJFD FINANCING Scenario 1: Current Market BQ AAA Rates 10-year 15-year 20-year Underwriter's Fee $ 55,740 $ 55,800 $ 55,920 Costs of Issuance 68,000 68,000 68,000 Interest 93,547 100,039 109,582 Project Construction 4,425,000 4,425,000 4,425,000 Rounding 2,713 1,161 1,498 Par Amount of Bonds $ 4,645,000 $ 4,650,000 $ 4,660,000 Total Interest 765,185 1,252,755 1,898,735 Total Debt Service $ 5,410,185 $ 5,902,755 $ 6,558,735 Annual Debt Service $ 542,000 $ 395,000 $ 330,000 True Interest Cost 3.07856% 3.28670% 3.61672% Scenario 2: Current Market BQ AAA Rates plus 75 bps 10-year 15-year 20-year Underwriter's Fee $ 56,040 $ 56,100 $ 56,280 Costs of Issuance 68,000 68,000 68,000 Interest 119,022 125,794 135,940 Project Construction 4,425,000 4,425,000 4,425,000 Rounding 1,938 106 4,780 Par Amount of Bonds $ 4,670,000 $ 4,675,000 $ 4,690,000 Totallnterest 980,875 1,587,078 2,371,750 Total Debt Service $ 5,650,875 $ 6,262,078 $ 7,061,750 Annual Debt Service $ 568,000 $ 420,000 $ 356,000 True Interest Cost 3.83315% 4.04475% 4.37874% City of Arden Hills, Minnesota $4,645,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 10 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,645,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:11 PM $4,645,000.00 55,740.00 68,000.00 93,546.67 4,425,000.00 2,713.33 $4,645,000.00 EHLERS City of Arden Hills, Minnesota $4,645,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 10 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - 02/01/2026 93,546.67 93,546.67 (93,546.67) - 08/01/2026 65,775.00 65,775.00 65,775.00 - 02/01/2027 410,000.00 2.750% 65,775.00 475,775.00 475,775.00 541,550.00 08/01/2027 - - 60,137.50 60,137.50 60,137.50 - 02/01/2028 420,000.00 2.750% 60,137.50 480,137.50 480,137.50 540,275.00 08/01/2028 - - 54,362.50 54,362.50 54,362.50 - 02/01/2029 435,000.00 2.750% 54,362.50 489,362.50 489,362.50 543,725.00 08/01/2029 - - 48,381.25 48,381.25 48,381.25 - 02/01/2030 445,000.00 2.750% 48,381.25 493,381.25 493,381.25 541,762.50 08/01/2030 - - 42,262.50 42,262.50 42,262.50 - 02/01/2031 455,000.00 2.750% 42,262.50 497,262.50 497,262.50 539,525.00 08/01/2031 - - 36,006.25 36,006.25 36,006.25 - 02/01/2032 470,000.00 2.800% 36,006.25 506,006.25 506,006.25 542,012.50 08/01/2032 - - 29,426.25 29,426.25 29,426.25 - 02/01/2033 480,000.00 2.800% 29,426.25 509,426.25 509,426.25 538,852.50 08/01/2033 - - 22,706.25 22,706.25 22,706.25 - 02/01/2034 495,000.00 2.900% 22,706.25 517,706.25 517,706.25 540,412.50 08/01/2034 - - 15,528.75 15,528.75 15,528.75 - 02/01/2035 510,000.00 2.950% 15,528.75 525,528.75 525,528.75 541,057.50 08/01/2035 - - 8,006.25 8,006.25 8,006.25 - 02/01/2036 525,000.00 3.050% 8,006.25 533,006.25 533,006.25 541,012.50 Total $4,645,000.00 - $858,731.67 $5,503,731.67 (93,546.67) $5,410,185.00 - Significant Dates Dated 5/15/2025 First Coupon Date Yield Statistics 2/01/2026 Bond Year Dollars Average Life $29,893.11 6.436 Years Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) 2.8726741% 3.0591385% 3.0785566% Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) 2.8681724% 3.3399105% IRS Form 8038 Net Interest Cost 2.8726741% Weighted Average Maturity 6.436 Years Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:11 PM REHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,645,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 10 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 93,546.67 93,546.67 (93,546.67) - - 02/01/2027 410,000.00 2.750% 131,550.00 541,550.00 541,550.00 568,627.50 02/01/2028 420,000.00 2.750% 120,275.00 540,275.00 540,275.00 567,288.75 02/01/2029 435,000.00 2.750% 108,725.00 543,725.00 543,725.00 570,911.25 02/01/2030 445,000.00 2.750% 96,762.50 541,762.50 541,762.50 568,850.63 02/01/2031 455,000.00 2.750% 84,525.00 539,525.00 539,525.00 566,501.25 02/01/2032 470,000.00 2.800% 72,012.50 542,012.50 542,012.50 569,113.13 02/01/2033 480,000.00 2.800% 58,852.50 538,852.50 538,852.50 565,795.13 02/01/2034 495,000.00 2.900% 45,412.50 540,412.50 540,412.50 567,433.13 02/01/2035 510,000.00 2.950% 31,057.50 541,057.50 541,057.50 568,110.38 02/01/2036 525,000.00 3.050% 16,012.50 541,012.50 541,012.50 568,063.13 Total $4,645,000.00 - $858,731.67 $5,503,731.67 (93,546.67) $5,410,185.00 $5,680,694.25 Significant Dates Dated 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $29,893.11 Average Life 6.436 Years Average Coupon 2.8726741% Net Interest Cost (NIC) 3.0591385% True Interest Cost (TIC) 3.0785566% Bond Yield for Arbitrage Purposes 2.8681724% All Inclusive Cost (AIC) 3.3399105% Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:11 PM EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,650,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 15 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,650,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:10 PM $4,650,000.00 55,800.00 68,000.00 100,039.11 4,425,000.00 1,160.89 $4,650,000.00 EHLERS City of Arden Hills, Minnesota $4,650,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 15 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - 02/01/2026 100,039.11 100,039.11 (100,039.11) - 08/01/2026 70,340.00 70,340.00 70,340.00 - 02/01/2027 255,000.00 2.750% 70,340.00 325,340.00 325,340.00 395,680.00 08/01/2027 - - 66,833.75 66,833.75 66,833.75 - 02/01/2028 260,000.00 2.750% 66,833.75 326,833.75 326,833.75 393,667.50 08/01/2028 - - 63,258.75 63,258.75 63,258.75 - 02/01/2029 265,000.00 2.750% 63,258.75 328,258.75 328,258.75 391,517.50 08/01/2029 - - 59,615.00 59,615.00 59,615.00 - 02/01/2030 275,000.00 2.750% 59,615.00 334,615.00 334,615.00 394,230.00 08/01/2030 - - 55,833.75 55,833.75 55,833.75 - 02/01/2031 280,000.00 2.750% 55,833.75 335,833.75 335,833.75 391,667.50 08/01/2031 - - 51,983.75 51,983.75 51,983.75 - 02/01/2032 290,000.00 2.800% 51,983.75 341,983.75 341,983.75 393,967.50 08/01/2032 - - 47,923.75 47,923.75 47,923.75 - 02/01/2033 300,000.00 2.800% 47,923.75 347,923.75 347,923.75 395,847.50 08/01/2033 - - 43,723.75 43,723.75 43,723.75 - 02/01/2034 305,000.00 2.900% 43,723.75 348,723.75 348,723.75 392,447.50 08/01/2034 - - 39,301.25 39,301.25 39,301.25 - 02/01/2035 315,000.00 2.950% 39,301.25 354,301.25 354,301.25 393,602.50 08/01/2035 - - 34,655.00 34,655.00 34,655.00 - 02/01/2036 325,000.00 3.050% 34,655.00 359,655.00 359,655.00 394,310.00 08/01/2036 - - 29,698.75 29,698.75 29,698.75 - 02/01/2037 335,000.00 3.150% 29,698.75 364,698.75 364,698.75 394,397.50 08/01/2037 - - 24,422.50 24,422.50 24,422.50 - 02/01/2038 345,000.00 3.200% 24,422.50 369,422.50 369,422.50 393,845.00 08/01/2038 - - 18,902.50 18,902.50 18,902.50 - 02/01/2039 355,000.00 3.300% 18,902.50 373,902.50 373,902.50 392,805.00 08/01/2039 - - 13,045.00 13,045.00 13,045.00 - 02/01/2040 365,000.00 3.400% 13,045.00 378,045.00 378,045.00 391,090.00 08/01/2040 - - 6,840.00 6,840.00 6,840.00 - 02/01/2041 380,000.00 3.600% 6,840.00 386,840.00 386,840.00 393,680.00 Total $4,650,000.00 - $1,3529794.11 Significant Dates Dated First Coupon Date Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) IRS Form 8038 Net Interest Cost Weighted Average Maturity Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:10 PM g'ZEHLERS PUBLIC FINANCE ADVISORS $6,002,794.11 (100,039.11) $5,902,755.00 - 5/15/2025 2/01/2026 $42,991.67 9.246 Years 3.1466426% 3.2764352% 3.2867024% 3.1314377% 3.4794575% 3.1466426% 9.246 Years City of Arden Hills, Minnesota $4,650,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 15 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 100,039.11 100,039.11 (100,039.11) - - 02/01/2027 255,000.00 2.750% 140,680.00 395,680.00 395,680.00 415,464.00 02/01/2028 260,000.00 2.750% 133,667.50 393,667.50 393,667.50 413,350.88 02/01/2029 265,000.00 2.750% 126,517.50 391,517.50 391,517.50 411,093.38 02/01/2030 275,000.00 2.750% 119,230.00 394,230.00 394,230.00 413,941.50 02/01/2031 280,000.00 2.750% 111,667.50 391,667.50 391,667.50 411,250.88 02/01/2032 290,000.00 2.800% 103,967.50 393,967.50 393,967.50 413,665.88 02/01/2033 300,000.00 2.800% 95,847.50 395,847.50 395,847.50 415,639.88 02/01/2034 305,000.00 2.900% 87,447.50 392,447.50 392,447.50 412,069.88 02/01/2035 315,000.00 2.950% 78,602.50 393,602.50 393,602.50 413,282.63 02/01/2036 325,000.00 3.050% 69,310.00 394,310.00 394,310.00 414,025.50 02/01/2037 335,000.00 3.150% 59,397.50 394,397.50 394,397.50 414,117.38 02/01/2038 345,000.00 3.200% 48,845.00 393,845.00 393,845.00 413,537.25 02/01/2039 355,000.00 3.300% 37,805.00 392,805.00 392,805.00 412,445.25 02/01/2040 365,000.00 3.400% 26,090.00 391,090.00 391,090.00 410,644.50 02/01/2041 380,000.00 3.600% 13,680.00 393,680.00 393,680.00 413,364.00 Total $4,650,000.00 - $1,352,794.11 $6,002,794.11 (100,039.11) $5,902,755.00 $6,197,892.75 Significant Dates Dated 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $42,991.67 Average Life 9.246 Years Average Coupon 3.1466426% Net Interest Cost (NIC) 3.2764352% True Interest Cost (TIC) 3.2867024% Bond Yield for Arbitrage Purposes 3.1314377% All Inclusive Cost (AIC) 3.4794575% Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:10 PM i4'EHLERS IN PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,660,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 20 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,660,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:09 PM $4,660,000.00 55,920.00 68,000.00 109,582.22 4,425,000.00 1,497.78 $4,660,000.00 EHLERS City of Arden Hills, Minnesota $4,660,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 20 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - 02/01/2026 109,582.22 109,582.22 (109,582.22) - 08/01/2026 77,050.00 77,050.00 77,050.00 - 02/01/2027 175,000.00 2.750% 77,050.00 252,050.00 252,050.00 329,100.00 08/01/2027 - - 74,643.75 74,643.75 74,643.75 - 02/01/2028 180,000.00 2.750% 74,643.75 254,643.75 254,643.75 329,287.50 08/01/2028 - - 72,168.75 72,168.75 72,168.75 - 02/01/2029 185,000.00 2.750% 72,168.75 257,168.75 257,168.75 329,337.50 08/01/2029 - - 69,625.00 69,625.00 69,625.00 - 02/01/2030 190,000.00 2.750% 69,625.00 259,625.00 259,625.00 _ 329,250.00 08/01/2030 - - 67,012.50 67,012.50 67,012.50 - 02/01/2031 195,000.00 2.750% 67,012.50 262,012.50 262,012.50 329,025.00 08/01/2031 - - 64,331.25 64,331.25 64,331.25 - 02/01/2032 200,000.00 2.800% 64,331.25 264,331.25 264,331.25 328,662.50 08/01/2032 - - 61,531.25 61,531.25 61,531.25 - 02/01/2033 205,000.00 2.800% 61,531.25 266,531.25 266,531.25 328,062.50 08/01/2033 - - 58,661.25 58,661.25 58,661.25 - 02/01/2034 210,000.00 2.900% 58,661.25 268,661.25 268,661.25 327,322.50 08/01/2034 - - 55,616.25 55,616.25 55,616.25 - 02/01/2035 215,000.00 2.950% 55,616.25 270,616.25 270,616.25 326,232.50 08/01/2035 - - 52,445.00 52,445.00 52,445.00 - 02/01/2036 225,000.00 3.050% 52,445.00 277,445.00 277,445.00 329,890.00 08/01/2036 - - 49,013.75 49,013.75 49,013.75 - 02/01/2037 230,000.00 3.150% 49,013.75 279,013.75 279,013.75 328,027.50 08/01/2037 - - 45,391.25 45,391.25 45,391.25 - 02/01/2038 235,000.00 3.200% 45,391.25 280,391.25 280,391.25 325,782.50 08/01/2038 - - 41,631.25 41,631.25 41,631.25 - 02/01/2039 245,000.00 3.300% 41,631.25 286,631.25 286,631.25 328,262.50 08/01/2039 - - 37,588.75 37,588.75 37,588.75 - 02/01/2040 250,000.00 3.400% 37,588.75 287,588.75 287,588.75 325,177.50 08/01/2040 - - 33,338.75 33,338.75 33,338.75 - 02/01/2041 260,000.00 3.600% 33,338.75 293,338.75 293,338.75 326,677.50 08/01/2041 - - 28,658.75 28,658.75 28,658.75 - 02/01/2042 270,000.00 3.750% 28,658.75 298,658.75 298,658.75 327,317.50 08/01/2042 - - 23,596.25 23,596.25 23,596.25 - 02/01/2043 280,000.00 3.850% 23,596.25 303,596.25 303,596.25 327,192.50 08/01/2043 - - 18,206.25 18,206.25 18,206.25 - 02/01/2044 290,000.00 3.950% 18,206.25 308,206.25 308,206.25 326,412.50 08/01/2044 - - 12,478.75 12,478.75 12,478.75 - 02/01/2045 305,000.00 4.000% 12,478.75 317,478.75 317,478.75 329,957.50 08/01/2045 - - 6,378.75 6,378.75 6,378.75 - 02/01/2046 315,000.00 4.050% 6,378.75 321,378.75 321,378.75 327,757.50 Total $4,660,000.00 - $2,008,317.22 $6,668,317.22 (109,582.22) $6,558,735.00 - Significant Dates Dated _ 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $56,968.78 Average Life 12.225 Years Average Coupon 3.5252946% Net Interest Cost (NIC) 3.6234536% True Interest Cost (TIC) 3.6167188% Bond Yield for Arbitrage Purposes 3.4905474% All Inclusive Cost (AIC) 3.7730918% IRS Form 8038 Net Interest Cost 3.5252946% Weighted Average Maturity 12.225 Years Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:09 PM 14EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,660,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates 20 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 109,582.22 109,582.22 (109,582.22) - - 02/01/2027 175,000.00 2.750% 154,100.00 329,100.00 329,100.00 345,555.00 02/01/2028 180,000.00 2.750% 149,287.50 329,287.50 329,287.50 345,751.88 02/01/2029 185,000.00 2.750% 144,337.50 329,337.50 329,337.50 345,804.38 02/01/2030 190,000.00 2.750% 139,250.00 329,250.00 329,250.00 345,712.50 02/01/2031 195,000.00 2.750% 134,025.00 329,025.00 329,025.00 345,476.25 02/01/2032 200,000.00 2.800% 128,662.50 328,662.50 328,662.50 345,095.63 02/01/2033 205,000.00 2.800% 123,062.50 328,062.50 328,062.50 344,465.63 02/01/2034 210,000.00 2.900% 117,322.50 327,322.50 327,322.50 343,688.63 02/01/2035 215,000.00 2.950% 111,232.50 326,232.50 326,232.50 342,544.13 02/01/2036 225,000.00 3.050% 104,890.00 329,890.00 329,890.00 346,384.50 02/01/2037 230,000.00 3.150% 98,027.50 328,027.50 328,027.50 344,428.88 02/01/2038 235,000.00 3.200% 90,782.50 325,782.50 325,782.50 342,071.63 02/01/2039 245,000.00 3.300% 83,262.50 328,262.50 328,262.50 344,675.63 02/01/2040 250,000.00 3.400% 75,177.50 325,177.50 325,177.50 341,436.38 02/01/2041 260,000.00 3.600% 66,677.50 326,677.50 326,677.50 343,011.38 02/01/2042 270,000.00 3.750% 57,317.50 327,317.50 327,317.50 343,683.38 02/01/2043 280,000.00 3.850% 47,192.50 327,192.50 327,192.50 343,552.13 02/01/2044 290,000.00 3.950% 36,412.50 326,412.50 326,412.50 342,733.13 02/01/2045 305,000.00 4.000% 24,957.50 329,957.50 329,957.50 346,455.38 02/01/2046 315,000.00 4.050% 12,757.50 327,757.50 327,757.50 344,145.38 Total $4,660,000.00 - $2,008,317.22 $6,668,317.22 (109,582.22) $6,558,735.00 $6,886,671.75 Significant Dates Dated First Coupon Date Yield Statistics 5/15/2025 2/01/2026 Bond Year Dollars $56,968.78 Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:09 PM 12.225 Years 3.5252946% 3.6234536% 3.6167188% 3.4905474% 3.7730918% 1;4'EHLERS IN PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,670,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 10 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,670,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:14 PM $4,670,000.00 56,040.00 68,000.00 119,022.22 4,425,000.00 1,937.78 $4,670,000.00 EHLERS City of Arden Hills, Minnesota $4,670,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 10 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - - - 02/01/2026 119,022.22 119,022.22 (119,022.22) - 08/01/2026 83,687.50 83,687.50 - 83,687.50 - 02/01/2027 400,000.00 3.500% 83,687.50 483,687.50 - 483,687.50 567,375.00 08/01/2027 - - 76,687.50 76,687.50 - 76,687.50 - 02/01/2028 410,000.00 3.500% 76,687.50 486,687.50 - 486,687.50 563,375.00 08/01/2028 - - 69,512.50 69,512.50 - 69,512.50 - 02/01/2029 425,000.00 3.500% 69,512.50 494,512.50 - 494,512.50 564,025.00 08/01/2029 - - 62,075.00 62,075.00 - 62,075.00 - 02/01/2030 440,000.00 3.500% 62,075.00 502,075.00 - 502,075.00 564,150.00 08/01/2030 - - 54,375.00 54,375.00 - 54,375.00 - 02/01/2031 455,000.00 3.500% 54,375.00 509,375.00 - 509,375.00 563,750.00 08/01/2031 - - 46,412.50 46,412.50 - 46,412.50 - 02/01/2032 475,000.00 3.550% 46,412.50 521,412.50 - 521,412.50 567,825.00 08/01/2032 - - 37,981.25 37,981.25 - 37,981.25 - 02/01/2033 490,000.00 3.550% 37,981.25 527,981.25 - 527,981.25 565,962.50 08/01/2033 - - 29,283.75 29,283.75 - 29,283.75 - 02/01/2034 505,000.00 3.650% 29,283.75 534,283.75 - 534,283.75 563,567.50 08/01/2034 - - 20,067.50 20,067.50 - 20,067.50 - 02/01/2035 525,000.00 3.700% 20,067.50 545,067.50 - 545,067.50 565,135.00 08/01/2035 - - 10,355.00 10,355.00 - 10,355.00 - 02/01/2036 545,000.00 3.800% 10,355.00 555,355.00 - 555,355.00 565,710.00 Total $4,670,000.00 - $1,099,897.22 $5,769,897.22 (119,022.22) $5,650,875.00 - Significant Dates Dated First Coupon Date Yield Statistics 5/15/2025 2/01 /2026 Bond Year Dollars $30,345.89 Average Life 6.498 Years Average Coupon 3.6245345% Net Interest Cost (NIC) 3.8092053% True Interest Cost (TIC) 3.8331482% Bond Yield for Arbitrage Purposes 3.6185476% All Inclusive Cost (AIC) 4.0983427% IRS Form 8038 Net Interest Cost 3.6245345% Weighted Average Maturity Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:14 PM 6.498 Years i44EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,670,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 10 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 119,022.22 119,022.22 (119,022.22) - - 02/01/2027 400,000.00 3.500% 167,375.00 567,375.00 567,375.00 595,743.75 02/01/2028 410,000.00 3.500% 153,375.00 563,375.00 563,375.00 591,543.75 02/01/2029 425,000.00 3.500% 139,025.00 564,025.00 564,025.00 592,226.25 02/01/2030 440,000.00 3.500% 124,150.00 564,150.00 564,150.00 592,357.50 02/01/2031 455,000.00 3.500% 108,750.00 563,750.00 563,750.00 591,937.50 02/01/2032 475,000.00 3.550% 92,825.00 567,825.00 567,825.00 596,216.25 02/01/2033 490,000.00 3.550% 75,962.50 565,962.50 565,962.50 594,260.63 02/01/2034 505,000.00 3.650% 58,567.50 563,567.50 563,567.50 591,745.88 02/01/2035 525,000.00 3.700% 40,135.00 565,135.00 565,135.00 593,391.75 02/01/2036 545,000.00 3.800% 20,710.00 565,710.00 565,710.00 593,995.50 Total $4,670,000.00 - $1,099,897.22 $5,769,897.22 (119,022.22) $5,650,875.00 $5,933,418.75 Significant Dates Dated First Coupon Date Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:14 PM 5/15/2025 2/01/2026 $30,345.89 6.498 Years 3.6245345% 3.8092053% 3.8331482% 3.6185476% 4.0983427% IZ4EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,675,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 15 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,675,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:13 PM $4,675,000.00 56,100.00 68,000.00 125,793.78 4,425,000.00 106.22 $4,675,000.00 EHLERS City of Arden Hills, Minnesota $4,675,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 15 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - 02/01/2026 125,793.78 125,793.78 (125,793.78) - 08/01/2026 88,448.75 88,448.75 88,448.75 - 02/01/2027 240,000.00 3.500% 88,448.75 328,448.75 328,448.75 416,897.50 08/01/2027 - - 84,248.75 84,248.75 84,248.75 - 02/01/2028 250,000.00 3.500% 84,248.75 334,248.75 334,248.75 418,497.50 08/01/2028 - - 79,873.75 79,873.75 79,873.75 - 02/01/2029 260,000.00 3.500% 79,873.75 339,873.75 339,873.75 419,747.50 08/01/2029 - - 75,323.75 75,323.75 75,323.75 - 02/01/2030 265,000.00 3.500% 75,323.75 340,323.75 340,323.75 415,647.50 08/01/2030 - - 70,686.25 70,686.25 70,686.25 - 02/01/2031 275,000.00 3.500% 70,686.25 345,686.25 345,686.25 416,372.50 08/01/2031 - - 65,873.75 65,873.75 65,873.75 - 02/01/2032 285,000.00 3.550% 65,873.75 350,873.75 350,873.75 416,747.50 08/01/2032 - - 60,815.00 60,815.00 60,815.00 - 02/01/2033 295,000.00 3.550% 60,815.00 355,815.00 355,815.00 416,630.00 08/01/2033 - - 55,578.75 55,578.75 55,578.75 - 02/01/2034 305,000.00 3.650% 55,578.75 360,578.75 360,578.75 416,157.50 08/01/2034 - - 50,012.50 50,012.50 50,012.50 - 02/01/2035 320,000.00 3.700% 50,012.50 370,012.50 370,012.50 420,025.00 08/01/2035 - - 44,092.50 44,092.50 44,092.50 - 02/01/2036 330,000.00 3.800% 44,092.50 374,092.50 374,092.50 418,185.00 08/01/2036 - - 37,822.50 37,822.50 37,822.50 - 02/01/2037 340,000.00 3.900% 37,822.50 377,822.50 377,822.50 415,645.00 08/01/2037 - - 31,192.50 31,192.50 31,192.50 - 02/01/2038 355,000.00 3.950% 31,192.50 386,192.50 386,192.50 417,385.00 08/01/2038 - - 24,181.25 24,181.25 24,181.25 - 02/01/2039 370,000.00 4.050% 24,181.25 394,181.25 394,181.25 418,362.50 08/01/2039 - - 16,688.75 16,688.75 16,688.75 - 02/01/2040 385,000.00 4.150% 16,688.75 401,688.75 401,688.75 418,377.50 08/01/2040 - - 8,700.00 8,700.00 8,700.00 - 02/01/2041 400,000.00 4.350% 8,700.00 408,700.00 408,700.00 417,400.00 Total $4,675,000.00 - $1,712,871.28 $6,387,871.28 (125,793.78) $6,262,077.50 - Significant Dates Dated 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $43,874.44 Average Life 9.385 Years Average Coupon 3.9040296% Net Interest Cost (NIC) 4.0318944% True Interest Cost (TIC) 4.0447484% Bond Yield for Arbitrage Purposes 3.8852561 % All Inclusive Cost (AIC) 4.2417281% IRS Form 8038 Net Interest Cost Weighted Average Maturity Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:13 PM 3.9040296% 9.385 Years 4EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,675,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 15 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 125,793.78 125,793.78 (125,793.78) - - 02/01/2027 240,000.00 3.500% 176,897.50 416,897.50 416,897.50 437,742.38 02/01/2028 250,000.00 3.500% 168,497.50 418,497.50 418,497.50 439,422.38 02/01/2029 260,000.00 3.500% 159,747.50 419,747.50 419,747.50 440,734.88 02/01/2030 265,000.00 3.500% 150,647.50 415,647.50 415,647.50 436,429.88 02/01/2031 275,000.00 3.500% 141,372.50 416,372.50 416,372.50 437,191.13 02/01/2032 285,000.00 3.550% 131,747.50 416,747.50 416,747.50 437,584.88 02/01/2033 295,000.00 3.550% 121,630.00 416,630.00 416,630.00 437,461.50 02/01/2034 305,000.00 3.650% 111,157.50 416,157.50 416,157.50 436,965.38 02/01/2035 320,000.00 3.700% 100,025.00 420,025.00 420,025.00 441,026.25 02/01/2036 330,000.00 3.800% 88,185.00 418,185.00 418,185.00 439,094.25 02/01/2037 340,000.00 3.900% 75,645.00 415,645.00 415,645.00 436,427.25 02/01/2038 355,000.00 3.950% 62,385.00 417,385.00 417,385.00 438,254.25 02/01/2039 370,000.00 4.050% 48,362.50 418,362.50 418,362.50 439,280.63 02/01/2040 385,000.00 4.150% 33,377.50 418,377.50 418,377.50 439,296.38 02/01/2041 400,000.00 4.350% 17,400.00 417,400.00 417,400.00 438,270.00 Total $4,675,000.00 - $1,712,871.28 $6,387,871.28 (125,793.78) $6,262,077.50 $6,575,181.38 Significant Dates Dated 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $43,874.44 Average Life 9.385 Years Average Coupon 3.9040296% Net Interest Cost (NIC) 4.0318944% True Interest Cost (TIC) 4.0447484% Bond Yield for Arbitrage Purposes 3.8852561% All Inclusive Cost (AIC) 4.2417281% Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:13 PM i4'EHLERS IN PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,690,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 20 Years Sources & Uses Dated 05/15/2025 1 Delivered 05/15/2025 Sources Of Funds Par Amount of Bonds $4,690,000.00 Total Sources Uses Of Funds Total Underwriter's Discount (1.200%) Costs of Issuance Deposit to Capitalized Interest (CIF) Fund Deposit to Project Construction Fund Rounding Amount Total Uses Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:12 PM $4,690,000.00 56,280.00 68,000.00 135,939.56 4,425,000.00 4,780.44 $4,690,000.00 EHLERS City of Arden Hills, Minnesota $4,690,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 20 Years Net Debt Service Schedule Date Principal Coupon Interest Total P+I CIF Net New D/S Fiscal Total 05/15/2025 - - 02/01/2026 135,939.56 135,939.56 (135,939.56) - 08/01/2026 95,582.50 95,582.50 95,582.50 - 02/01/2027 160,000.00 3.500% 95,582.50 255,582.50 255,582.50 351,165.00 08/01/2027 - - 92,782.50 92,782.50 92,782.50 _ 02/01/2028 170,000.00 3.500% 92,782.50 262,782.50 262,782.50 355,565.00 08/01/2028 - - 89,807.50 89,807.50 89,807.50 - 02/01/2029 175,000.00 3.500% 89,807.50 264,807.50 264,807.50 354,615.00 08/01/2029 - - 86,745.00 86,745.00 86,745.00 - 02/01/2030 180,000.00 3.500% 86,745.00 266,745.00 266,745.00 353,490.00 08/01/2030 - - 83,595.00 83,595.00 83,595.00 - 02/01/2031 185,000.00 3.500% 83,595.00 268,595.00 268,595.00 352,190.00 08/01/2031 - - 80,357.50 80,357.50 80,357.50 - 02/01/2032 195,000.00 3.550% 80,357.50 275,357.50 275,357.50 355,715.00 08/01/2032 - - 76,896.25 76,896.25 76,896.25 - 02/01/2033 200,000.00 3.550% 76,896.25 276,896.25 276,896.25 353,792.50 08/01/2033 - - 73,346.25 73,346.25 73,346.25 - 02/01/2034 205,000.00 3.650% 73,346.25 278,346.25 278,346.25 351,692.50 08/01/2034 - - 69,605.00 69,605.00 69,605.00 - 02/01/2035 215,000.00 3.700% 69,605.00 284,605.00 284,605.00 354,210.00 08/01/2035 - - 65,627.50 65,627.50 65,627.50 - 02/01/2036 220,000.00 3.800% 65,627.50 285,627.50 285,627.50 351,255.00 08/01/2036 - - 61,447.50 61,447.50 61,447.50 - 02/01/2037 230,000.00 3.900% 61,447.50 291,447.50 291,447.50 352,895.00 08/01/2037 - - 56,962.50 56,962.50 56,962.50 - 02/01/2038 240,000.00 3.950% 56,962.50 296,962.50 296,962.50 353,925.00 08/01/2038 - - 52,222.50 52,222.50 52,222.50 - 02/01/2039 250,000.00 4.050% 52,222.50 302,222.50 302,222.50 354,445.00 08/01/2039 - - 47,160.00 47,160.00 47,160.00 - 02/01/2040 260,000.00 4.150% 47,160.00 307,160.00 307,160.00 354,320.00 08/01/2040 - - 41,765.00 41,765.00 41,765.00 - 02/01/2041 270,000.00 4.350% 41,765.00 311,765.00 311,765.00 353,530.00 08/01/2041 - - 35,892.50 35,892.50 35,892.50 - 02/01/2042 280,000.00 4.500% 35,892.50 315,892.50 315,892.50 351,785.00 08/01/2042 - - 29,592.50 29,592.50 29,592.50 - 02/01/2043 295,000.00 4.600% 29,592.50 324,592.50 324,592.50 354,185.00 08/01/2043 - - 22,807.50 22,807.50 22,807.50 - 02/01/2044 305,000.00 4.700% 22,807.50 327,807.50 327,807.50 350,615.00 08/01/2044 - - 15,640.00 15,640.00 15,640.00 - 02/01/2045 320,000.00 4.750% 15,640.00 335,640.00 335,640.00 351,280.00 08/01/2045 - - 8,040.00 8,040.00 8,040.00 - 02/01/2046 335,000.00 4.800% 8,040.00 343,040.00 343,040.00 351,080.00 Total $4,690,000.00 - $2,507,689.56 $7,197,689.56 (135,939.56) $7,061,750.00 - Significant Dates Dated 5/15/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $58,465.11 Average Life 12.466 Years Average Coupon 4.2892069% Net Interest Cost (NIC) 4.3854694% True Interest Cost (TIC) 4.3787402% Bond Yield for Arbitrage Purposes 4.2481600% All Inclusive Cost (AIC) 4.5395776% IRS Form 8038 Net Interest Cost 4.2892069% Weighted Average Maturity 12.466 Years Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:13 PM 14EHLERS PUBLIC FINANCE ADVISORS City of Arden Hills, Minnesota $4,690,000 General Obligation CIP Bonds, Series 2025 Assumes Current Market BQ AAA Rates plus 75bps 20 Years Debt Service Schedule 105% of Date Principal Coupon Interest Total P+I CIF Net New D/S Total 02/01/2026 - - 135,939.56 135,939.56 (135,939.56) - - 02/01/2027 160,000.00 3.500% 191,165.00 351,165.00 351,165.00 368,723.25 02/01/2028 170,000.00 3.500% 185,565.00 355,565.00 355,565.00 373,343.25 02/01/2029 175,000.00 3.500% 179,615.00 354,615.00 354,615.00 372,345.75 02/01/2030 180,000.00 3.500% 173,490.00 353,490.00 353,490.00 371,164.50 02/01/2031 185,000.00 3.500% 167,190.00 352,190.00 352,190.00 369,799.50 02/01/2032 195,000.00 3.550% 160,715.00 355,715.00 355,715.00 373,500.75 02/01/2033 200,000.00 3.550% 153,792.50 353,792.50 353,792.50 371,482.13 02/01/2034 205,000.00 3.650% 146,692.50 351,692.50 351,692.50 369,277.13 02/01/2035 215,000.00 3.700% 139,210.00 354,210.00 354,210.00 371,920.50 02/01/2036 220,000.00 3.800% 131,255.00 351,255.00 351,255.00 368,817.75 02/01/2037 230,000.00 3.900% 122,895.00 352,895.00 352,895.00 370,539.75 02/01/2038 240,000.00 3.950% 113,925.00 353,925.00 353,925.00 371,621.25 02/01/2039 250,000.00 4.050% 104,445.00 354,445.00 354,445.00 372,167.25 02/01/2040 260,000.00 4.150% 94,320.00 354,320.00 354,320.00 372,036.00 02/01/2041 270,000.00 4.350% 83,530.00 353,530.00 353,530.00 371,206.50 02/01/2042 280,000.00 4.500% 71,785.00 351,785.00 351,785.00 369,374.25 02/01/2043 295,000.00 4.600% 59,185.00 354,185.00 354,185.00 371,894.25 02/01/2044 305,000.00 4.700% 45,615.00 350,615.00 350,615.00 368,145.75 02/01/2045 320,000.00 4.750% 31,280.00 351,280.00 351,280.00 368,844.00 02/01/2046 335,000.00 4.800% 16,080.00 351,080.00 351,080.00 368,634.00 Total $4,690,000.00 - $2,507,689.56 $7,197,689.56 (135,939.56) $7,061,750.00 $7,414,837.50 Significant Dates Dated First Coupon Date Yield Statistics 5/15/2025 2/01/2026 Bond Year Dollars $58,465.11 Average Life 12.466 Years Average Coupon 4.2892069% Net Interest Cost ( True Interest Cost Bond Yield for Ai All Inclusive Cost Series 2025A GO CIP Bonds I SINGLE PURPOSE 1 8/28/2024 1 2:13 PM 4.3854694% 4.3787402% 4.2481600% 4.5395776% 1;4'EHLERS IN PUBLIC FINANCE ADVISORS Attachment B 0 Xcel Energy City of Arden Hills, MN, Electric Franchise Fee Estimates May 2024 In consultation with city staff, Xcel Energy is providing the following information to assist your community as you consider assessing electric franchise fees on our customers. Given market sensitivity to electric rates, we encourage cities to connect with their affected residents and businesses regarding the impact of utility fees. Cities have the option to collect per -customer franchise fees for gas and/or electric service within their city. Presently, the City of Arden Hills does not collect franchise fees. These franchise fees are collected by Xcel Energy and paid to the city in lieu of any other permit fees or construction performance bond that would otherwise be assessed to Xcel Energy electric and gas construction operations. However, we must still follow all city permit guidelines for our work. Xcel Energy retains no portion of the franchise fee that the city may wish to levy on our customers — all fees collected are remitted to the city on a quarterly basis. The city may use this fee revenue as they wish. The fee projection table provided on page 2 is based upon Xcel Energy's Arden Hills customers' energy use over a 12-month period ending December 2023. These options are listed as examples. They are shown for illustration — other fee levels in each category are available to the city for its action, but the city and Xcel Energy must reach agreement. Fees must be levied in $.25 increments. Fee collection begins within 90 days of receipt of documentation supporting city council action to implement fees, or later if requested by a city. Electric Rate Classifications Monthly Electric Usage Small C&I: Non -Demand Maximum load less than 25 KW per month Example: small retail shop Small C&I: Demand Maximum load between 25 —100 KW per month Example: restaurant Large C&I Maximum load over 100 KW per month Example: manufacturer, school, hospital Customer Classification Electric Current Rate Option A Option B Option C Residential $ 0.00 $ 3.00 $ 3.00 $ 3.00 Small C&I: Non -Demand $ 0.00 $ 4.50 $ 4.25 $ 4.00 Small C&I: Demand $ 0.00 $ 28.00 $ 25.00 $ 20.00 Large C&I $ 0.00 $ 227.00 $ 239.00 $ 257.00 Public Street Lighting $ 0.00 $ 0.00 $ 0.00 $ 0.00 Municipal Pumping $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total Estimated Annual Collection Xcel Energy Electric $ 0.00 $ 375,234 $ 375,657 $ 375,216 City of Arden Hills Oct-24 Franchise Fee Options Review - DRAFT3 18 Oct 2024 *All calculations are estimates & may change based upon utility customer counts in any given month Goal: Franchise fee revenue to raise $435,000 per year Current Rate Option A4 Option B4 Option C4 Customer Rate Classification - Electric Sep 2024 Residential $ - $ 3.00 $ 3.25 $ 3.50 Small C&I: Non -Demand $ - $ 4.00 $ 4.25 $ 4.50 Small C&I: Demand $ - $ 22.00 $ 21.00 $ 20.00 Large C&I $ - $ 329.00 $ 319.00 $ 309.00 Public Street Lighting $ - $ - $ - $ - Municipal Pumping - ND $ - $ - $ - $ - Municipal Pumping - Demand $ - $ - $ - $ - Total Est. Annual Collection - XE Electric $ - $ 435,984 $ 435,633 $ 435,282 Attachment C 2025 COMPARTATIVE ANALYSIS - PROPERTY TYPE A new fire station for the Lake Johanna Fire Department is expected to be constructed in the Spring of 2025. The City has chosen to finance its proportionate share (25%) of the new fire station through the issuance of bonds. In order to pay back those bonds, the City will generate revenues by assessing a franchise fee tax on property owners. For comparative purposes, the below tables provide an estimate of what it would cost a property owner if 1) a franchise fee were imposed or 2) if a property tax levy increase were imposed, in order to generate $435,000 (an 8.2% increase over 2024) of revenue annually for the City. Also shown in the tables below, and for informational purposes, is the 2025 preliminary property tax increase of 15.5% and its impact to property owners. The below tables are based on the 2024 property tax values. The monthly impact to property owners are estimates only. The actual 2025 property taxes and impact to property owners will vary based upon the County Assessor's final property valuations. RESIDENTIAL HOMEOWNERS A $469,000 median residential homeowner would see an increase of: • $3.00 per month on their utility bill under an electric -only franchise fee -or- * $7.17 per month on their property tax bill MONTHLY Impact on Homeowners Home Cost per Home Preliminary Market Franchise Fee Property Tax Property Tax Value Electric Only Increase Increase #of Homes %of Homes $ 190,300 $ 3.00 $ 2.48 $ 6.27 135 5.1% $ 285,500 $ 3.00 $ 4.08 $ 10.16 336 12.7% $ 469,000 $ 3.00 $ 7.17 $ 17.62 983 37.1% $ 528,700 $ 3.00 $ 8.26 $ 20.76 343 12.9% $ 608,000 $ 3.00 $ 9.79 $ 24.46 313 11.8% $ 750,300 $ 3.00 $ 12.53 $ 31.10 344 13.0% $ 897,900 $ 3.00 $ 15.38 $ 38.01 86 3.2% $ 1,002,100 $ 3.00 $ 17.39 $ 42.86 24 0.9% $ 2,175,400 $ 3.00 $ 40.00 $ 97.66 79 3.0% $ 3,358,500 $ 3.00 $ 62.81 $ 152.90 1 6 0.2% 2,649 100.0% MANUFACTURED HOMEOWNERS A $38,100 average manufactured homeowner would see an increase of: • $3.00 per month on their utility bill under an electric -only franchise fee -or- * $1.25 per month on their property tax bill MONTHLY Impact on Manufactured Homeowners (MH) Home Cost per Home Preliminary Market Franchise Fee Property Tax Property Tax Value A- Electric Only Increaser Increase $2.30 #of Homes 57 %of Homes 21% $ 5,400 $ 3.00 $0.95 $ 13,400 $ 3.00 $1.02 $2.48 54 20% $ 27,700 $ 3.00 $1.15 $2.80 54 20% $ 38,100 $ 3.00 $1.25 $3.02 54 20% $ 56,600 $ 3.00 $1.41 $3.43 54 20% $ 177,200 $ 3.00 $3.09 $7.77 1 1 0% 1: Includes an equal share of MH Park Land Property Taxes 1 1 274 100% Franchise Fees Page 1 APARTMENT RENTER A $20,000,000 apartment complex would see an increase of: • $329.00 per month on their utility bill under an electric -only franchise fee, assuming the apartment complex is metered similarly to a commercial property -or- * $383.57 per month on their property tax bill. The property tax levy would impact each rental unit differently, based upon the number of units per apartment building. Note: The franchise fee increase would be dependent upon how the property is metered. For example, if an apartment building has a single meter, it would be treated as a commercial property and would be assessed the commercial rate. If each unit has a separate meter, then each resident would be assessed the residential rate. The City has made assumptions on property classification in the below table. MONTHLY Impact on Apartment Renters Cost per Home Preliminary Cost per Unit Franchise Fee Property Tax Property Tax Property Tax Market Value A - Electric Only Increase Increase Est. Per Unit Increase Est.#of Units Property Name $ 537,700 $ 4.00 $ 8.44 $ 6.19 $ 2.11 4 Meatballs Properties (4-Plex) $ 5,687,300 $ 22.00 $ 107.69 $ 107.36 $ 2.91 37 Parkshore $ 8,820,700 $ 22.00 $ 168.09 $ 168.68 $ 2.80 60 Cottage Villas of Arden Hills $ 14,012,400 $ 329.00 $ 268.16 $ 270.26 $ 4.47 60 Arden Flats $ 20,000,000 $ 329.00 $ 383.57 $ 387.41 $ 2.63 146 New Perspective Senior Living $ 24,653,500 $ 329.00 $ 473.26 $ 478.10 $ 2.64 179 Round Lake Senior Living $ 39,309,300 $ 329.00 $ 755.75 $ 765.22 $ 1.84 410 Presbyterian Homes AH Inc This assumes a commercial rate is assessed on properties COMMERCIAL PROPERTY OWNERS A $9,666,600 commercial property owner would see an increase of: • $22.00 per month on their utility bill under an electric -only franchise fee -or- * $198.04 per month on their property tax bill Note: The franchise fee increase would be dependent upon the Public Utility Commissions' classification of the commercial property, which is based on utility usage. The City has made assumptions on property classification in the below table. MONTHLY Impact on Commercial Properties Cost per Home Preliminary Market Franchise Fee Property Tax Property Tax Value A- Electric Only Increase Increase Property Name $ 345,000 $ 4.00 $ 6.32 $ 12.40 Arden Ridge Office Park $ 1,347,400 $ 4.00 N/A N/A Presbyterian Homes Assisted Living $ 1,869,000 $ 22.00 $ 37.67 $ 74.18 Chick-fil-A $ 3,698,200 $ 22.00 $ 75.29 $ 148.32 Scherer Bros. Lumberyard, Sales & Design Center $ 9,666,600 $ 22.00 $ 198.04 $ 390.22 Office Building 3+Stories (HealthPartners, DaVita, etc.) $ 23,705,800 $ 22.00 N/A N/A Small Tax -Exempt Properties (38 Properties) $ 21,500,000 $ 329.00 $ 441.42 $ 869.80 Land O' Lakes $ 22,141,000 $ 329.00 N/A N/A North Heights Lutheran Church $ 38,612,400 $ 329.00 N/A N/A University of Northwestern St Paul $ 50,717,500 $ 329.00 $ 1,042.33 $ 2,053.96 Boston Scientific $ 114,557,000 $ 329.00 N/A N/A Bethel University $ 547,831,600 $ 329.00 N/A I N/A Large Tax -Exempt Properties (36 Properties) Franchise Fees Page 2 Attachment D --ARI�N HILLS ORDINANCE NO.2024-012 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ARDEN HILLS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. The City of Arden Hills Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Arden Hills City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Arden Hills. 1k (a) Pursuant to City Ordinance , a Franchise Agreement between the City of Arden Hills and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM , 2024 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Pam. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise Agreement. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. SECTION 2. SUMMARY PUBLICATION Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes a franchise fee on Northern States Power Company resulting from the Franchise Agreement, adopted as ordinance 2024-012, granting Northern States Power Company a 20-year electric service franchise, in the amounts of - Class Residential Small C & I — Non -Demand Small C & I — Demand Large C & I Public Street Lighting Municipal Pumping — Non -Der Municipal Pumping — Demand PASSED and ADOPTED this of Arden Hills, Minnesota. Attest: Julie Hanson, City Clerk SEAL Amount per month $ 3.25 $ 4.25 $ 21.00 $ 319.00 q'16 day of , 2024, by the City Council of the City CITY OF ARDEN HILLS David Grant, Mayor Published in the Pioneer Press on 12024 2 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Residential Small C & I — Non -Demand Small C & I — Demand Large C & I Public Street Lighting Municipal Pumping — Non -Demand Municipal Pumping — Demand Amount per month $ 3.25 $ 4.25 $ 21.00 $ 319.00 Franchise fees are submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. % 4 Attachment E 'It --4 DEN HILLS ORDINANCE NO.2024-013 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA ELECTRIC FRANCHISE ORDINANCE AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ARDEN HILLS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Arden Hills, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 81h Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, 1245 W. Highway 96, Arden Hills, MN 55112. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. 2 Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee subject to Section 9.1 of this Ordinance. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. V? 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right- of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 0 SECTION 5. TREE TRIMMING. 5.1 Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company fords necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemni . of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. 7.1 The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. 8.1 Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Residential Sm C & I — Non-Dem Sm C & I — Demand Large C & I Public Street Ltg Muni Pumping N/D Muni Pumping — Dem Fee Per Premise Per Month $ 3.25 $ 4.25 $ 21.00 $ 319.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by 31 this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. 11.1 Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's 7 written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. 12.1 This franchise supersedes any previous electric franchise granted to Company or its predecessor. SECTION 13. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The 20-year Franchise Agreement grants Northern States Power Company the right to transmit and furnish electric energy to the residents of Arden Hills. The ordinance sets the maximum monthly franchise fee chargeable to each class of gas customers in Arden Hills. The franchise fees will be set by a separate ordinance. PASSED and ADOPTED this day of , 20249 by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor Attest: Julie Hanson, City Clerk SEAL Published in the Pioneer Press on , 2024 N. Attachment F EN HILLS ORDINANCE NO. 2024-014 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA GAS FRANCHISE ORDINANCE CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ARDEN HILLS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Arden Hills, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, 1245 W. Highway 96, Arden Hills, MN 55112. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas 2 Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. V? SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of- way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. 5.1 Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. 0 SECTION 6. INDEMNIFICATION. 6.1 Indemni . of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. 7.1 The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. 8.1 Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any w such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. 10.1 Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. 11.1 This franchise supersedes any previous Gas franchise granted to Company or its predecessor. SECTION 12. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The 20-year Franchise Agreement grants Northern States Power Company the right to transmit and furnish gas energy to the residents of Arden Hills. The Franchise Agreement further grants Northern States Power Company the power to construct, operate, repair, and maintain gas facilities in, on, over, under and across public right of ways, and any other public grounds owned by the City. PASSED and ADOPTED this the City of Arden Hills, Minnesota. Attest: It*) Julie Hanson, City Clerk SEAL Published in the Pioneer Press on day of , 20249 by the City Council of CITY OF ARDEN HILLS David Grant, Mayor 2024 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK- MPUC NO. 2 FRANCHISE AND OTHER CITY FEES Attachment G Section No. 5 28th Revised Sheet No. 93.1 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees Y _ d M 0 y E U N 06 � U oi3 U L C N 0) E G E-N R O) EL E-C 0 > O :. O .2 'Q .2 'Q ACL '� i ayi E O E d 3 3 0 3 3 a) X U UA Z fA 0 J a J rL d Z L a G W W Afton $2.00 $2.00 $5.00 $5.00 $1.00 $1.00 $1.00 01/2005 08/16/2024 Albertville $2.50 $5.00 $10.00 $50.00 $2.00 03/2011 09/07/2029 Bayport $1.50 $3.00 $25.00 $50.00 $3.00 $3.00 $25.00 01/2014 05/04/2028 Big Lake $4.00 $8.00 $8.00 $8.00 10/2014 07/04/2034 Bloomington $4.60 $9.20 $49.00 $141.00 01/2022 12/20/2035 Brooklyn $1.65 $4.25 $22.75 $103.00 $13.50 $13.50 $13.50 01/2020 12/08/2023 Center Brooklyn Park $7.00 $7.50 $45.00 $160.00 - - - 03/2016 12/31/2028 Burnsville $4.00 $12.00 $40.00 $180.00 - - - 09/2020 02/15/2036 Centerville $4.00 $8.00 $8.00 $8.00 - - - 05/2016 01/26/2036 Champlin $3.62 $9.80 $41.21 $144.24 $17.51 $17.51 $17.51 01/2020 11/23/2028 Chanhassen $5.00 $14.00 $40.00 $290.00 - - - 02/2020 10/27/2039 Chisago City $1.30 $5.00 $15.00 $55.00 $5.00 $5.00 $15.00 06/2009 02/28/2029 Circle Pines $2.75 $3.00 $35.00 - $3.00 - - 10/2009 08/24/2029 Clara City $2.00 $2.00 $15.00 $68.00 $2.00 $2.00 $15.00 01/2014 10/07/2033 Clements $1.00 $1.00 $1.00 $1.00 07/2012 06/09/2024 Coon Rapids' 4.0% 4.0% 4.0% 4.0% 04/2018 01/13/2032 Cottage Grove $1.65 $1.65 $8.25 $33.00 $3.30 $0.75 $8.25 03/2016 11/04/2023 ' Coon Rapids: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping, municipal fire sirens, and municipal sewage disposal service. For all consumers, the four percent franchise fee is applicable to the first $950,000 of calendar year gross operating revenues. The franchise fee is reduced to one half percent (0.5%) for the remaining amount of annual gross operating revenues exceeding $950,000. (Continued on Sheet No. 5-93.1a) Date Filed: 10-26-21 By: Christopher B. Clark Effective Date: 01-01-22 President, Northern States Power Company, a Minnesota corporation 7 Docket No. E,G999/CI-09-970 Order Date: 03-23-11 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES Section No. 5 14th Revised Sheet No. 93.1a Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees Y L ui d = d is 0 v v v co2- �_ EL m d y •3 •� 1: O £ d �6 7 7 O 7 N w CL .X W v)z v)o -j [L Paz lac w w Dayton $4.00 $12.00 $45.00 $200.00 $16.00 $16.00 $16.00 01 /2020 09/09/2039 Deephaven $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 04/2002 11/02/2030 Dilworth $2.60 $6.00 $21.00 $136.50 - $6.00 $21.00 05/2018 02/25/2038 Eagan $1.85 $10.00 $10.00 $20.00 06/2023 11/16/2042 Eagle Lake $0.50 $0.50 $0.50 $0.50 10/2012 05/06/2032 Eden Prairie $6.50 $8.50 $20.50 $89.50 05/2023 06/18/2032 Edina $2.90 $4.90 $13.68 $58.32 - - - 07/2019 11/03/2035 Excelsior $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 $2.50 11/2012 08/02/2032 Falcon $2.25 $3.50 $22.00 $200.00 $2.00 - - 10/2018 06/12/2038 Heights Faribault' $6.63 $21.94 $58.72 $438.80 - - - 04/2022 11/08/2024 Forest Lake $4.00 $2.50 $18.50 $75.00 $7.50 $2.50 $18.50 05/2013 01/27/2033 Glyndon $1.25 $1.00 $8.00 $35.00 $5.00 $0.50 $1.75 05/2020 01/21/2040 Golden Valley $6.00 $6.00 $30.00 $258.00 - - - 04/2018 12/17/2027 (Continued on Sheet No. 5-93.2) Date Filed: 03-31-23 By: Christopher B. Clark Effective Date: 06-01-23 President, Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 a Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 20th Revised Sheet No. 93.2 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees d m U U a U in a a E a d o d E O E E m M 7 CD3 E c 7 0 E E = CD� d Q K C) 0� W Z M 0 J a. J r2 d Z a o W W Goodview $2.75 $3.00 $25.00 $110.00 $25.00 $2.50 $10.00 07/2006 04/30/2026 Grant $2.35 $2.00 $14.00 $75.00 $2.00 $2.00 $2.00 01/2015 12/01/2023 Hayfield $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 01/2015 04/17/2031 Henderson $3.00 $3.00 $3.00 $3.00 - - - 04/2012 08/16/2031 Hopkins $3.50 $6.15 $24.70 $170.50 01/2019 12/31/2023 Inver Grove $2.75 $3.00 $25.00 $95.00 01/2018 06/30/2029 Heights Landfall Village $2.25 $4.75 $14.00 $65.00 $15.50 04/2014 12/10/2033 Lexington $4.00 $6.50 $40.00 $170.00 - - - 03/2017 10/05/2031 Lindstrom $2.50 $5.00 $24.00 $70.00 $7.00 $7.00 $7.00 04/2016 12/17/2028 Little Canada $2.75 $5.25 $40.00 $230.00 $15.50 $2.00 $3.00 07/2010 08/26/2023 Madison Lake $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 05/2013 02/03/2033 Mahtomedi $1.30 $1.38 $14.40 $110.28 $12.71 $0.63 $14.84 0112005 10/18/2024 Mankato $1.00 $1.55 $16.50 $223.00 $1.00 $0.25 $1.00 0212015 09/21/2034 Mantorville $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 11/2012 08/12/2032 Maplewood $3.00 $4.75 $30.00 $180.00 $4.00 $4.00 $4.00 11/2018 09/26/2024 (Continued on Sheet No. 5-93.3) Date Filed: 10-31-18 By: Christopher B. Clark Effective Date: 01-01-19 President, Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 R Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 23rd Revised Sheet No. 93.3 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees m :: y E U 06 Li W C O) 0. r > O y 2 Y , .V 'a C. M V i =' d E O E d N 7 a) C 7 O C 7 0 '.� .X c� cnz cno a.- a.z a.o w w 3.5% >100 kW at primary or higher voltage Minneapolis 5.0% 5.5% 5.5% 5.5% 5.5% 5.5% 03/2018 10/16/2024 <100 kW <100 kW 5.5% >100 kW at secondary voltage Minnetonka $4.50 $4.50 $13.50 $45.00 - $4.50 $4.50 01/2019 05/14/2038 Monticello $1.95 $5.50 $31.00 $190.00 $12.00 $12.00 $31.00 06/2007 05/31/2027 Montrose $4.00 $8.00 $8.00 $8.00 - - - 01/2020 09/09/2032 Mound $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 $2.75 01/2017 08/11/2023 Mounds View 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% 01/2022 12/31/2026 $0.0047 $0.0043 $0.0033 $0.0017 $0.0054 $0.0046 $0.0033 New Brighton 03/2016 11/24/2023 per kWh per kWh per kWh per kWh per kWh per kWh per kWh New Hope $4.00 $7.00 $31.00 $135.00 03/2023 06/26/2031 New Richland $1.00 $1.00 $1.00 $1.00 02/2013 07/11/2024 Newport $1.00 $1.50 $14.00 $70.00 $5.00 $1.00 $10.00 01/2011 10/18/2026 North Branch $3.50 $3.50 $8.75 $17.50 - - - 08/2018 04/09/2038 (Continued on Sheet No. 5-93.4) Date Filed: 12-20-22 By: Christopher B. Clark Effective Date: President, Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-01-23 03-23-11 R Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 33rd Revised Sheet No. 93.4 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees c d c a� m c 76 E U od a U 06 U N a� a a� £ C a a� S > o d d y t' a1 E O E a) 7 2 7 O 7 7 (D . •K M t� v)z v)a a- IL as w wo North Mankato $1.00 $1.55 $16.50 $223.00 $17.62 $1.46 $12.30 04/2015 10/05/2034 Northfield $3.25 $4.00 $32.50 $990.00 - - - 03/2021 12/03/2032 Oakdale $1.50 $3.00 $10.00 $8.00 $6.00 $2.00 $8.00 11/2013 10/27/2023 Osseo $1.28 $2.07 $17.57 $102.65 $6.20 $0.45 $2.55 03/2012 10/26/2023 Otsego $4.00 $5.00 $40.00 $95.00 10/2022 10/24/2041 Owatonna 3.5% 3.5% 3.5% 3.5% 3.5% 3.5% 3.5% 05/2023 01/16/2043 Plymouth $2.52 $3.79 $12.65 $50.61 04/2023 07/09/2027 Prior Lake $5.00 $15.00 $30.00 $150.00 01/2022 03/19/2026 Richmond $1.00 $1.00 $1.00 $1.00 05/2013 05/03/2031 Richfield $4.10 $12.50 $30.00 $185.00 04/2014 03/12/2027 Robbinsdale 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 06/2021 07/01/2023 Rogers $5.00 $7.00 $45.00 $210.00 $17.00 $12.00 $65.00 01/2016 11/22/2024 Sartell $4.00 $6.75 $15.00 $109.00 - - - 01/2017 09/11/2036 4.0% Customers who purchase $50,000 or less in calendar year Sauk Rapids 02/2016 09/30/2023 1.5% That part which exceeds $50,000 in calendar year Shakopee' 3.0% 3.0% 3.0% 3.0% 01/2022 08/03/2041 Shoreview $3.75 $5.00 $36.00 $340.00 - - - 01/2021 07/17/2031 ' Shakopee: The fee collected shall total three percent (3%) of the Company's gross revenues from its operations within the City collected from each customer of each class. For customers in the Large C&I class, the three percent franchise fee is applicable to the first $950,000 of calendar year gross revenues. The franchise fee is reduced to one-half percent (0.5%) for the remaining amount of annual gross revenues exceeding $950,000. (Continued on Sheet No. 5-93.5) Date Filed: 03-31-23 By: Christopher B. Clark Effective Date: 06-01-23 President, Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 C Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 19th Revised Sheet No. 93.5 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. - Indicates fee is not applied Franchise Fees m ots E 06 06 d = w �a rn E � a� � o �' a d a �_ > d E o E a)R 7 7 O 7 N ' •K t� D: cnz cno a a.z a.o w w Shorewood $4.00 $8.00 $10.00 $25.00 - 10/2018 06/24/2038 South St. Paul 5.0% 5.0% 5.0% 5.0% 04/2018 04/05/2030 Spicer $1.00 $1.00 $8.00 $8.00 - 02/2013 10/01/2032 Spring Lake $0.80 $1.20 $8.50 $50.00 04/2015 01/04/2035 Park St. Cloud 4.0% 4.0% 4.0% 4.0% 12/2017 12/31/2024 2% purchase <$100,000 in calendar year St. Joseph $1.00 $1.75 $10.00 $8.00 $1.00 $10.00 02/2004 11/19/2023 1.5% that part >$100,000 in calendar year St. Louis Park $6.75 $12.00 $48.50 $148.50 - $12.00 $48.50 06/2021 09/18/2036 St. Michael $3.50 $2.50 $2.50 $10.00 $10.00 $2.50 $10.00 05/2011 11/24/2023 St. Pau13 See fee schedule in the Notes section on the following sheets. 11/2006 08/31/2026 St. Paul Park $1.50 $2.00 $25.00 $335.00 $10.00 $1.00 $5.00 08/2005 05/15/2025 Stillwater $2.00 $2.50 $18.00 $125.00 $4.00 $2.00 $18.00 06/2015 02/16/2035 South St. Paul: The franchise fee excludes rate schedules for highway lighting, municipal street lighting, municipal water pumping, municipal traffic signals, municipal fire sirens, and municipal sewage disposal service. 2 St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November -April. 3 St. Paul: The monthly franchise fee will be as stated on the following sheets. The residential service franchise fee will be as stated except during the months of November - April when there will be no fee. The fee shall not exceed $620,000 during any calendar year from any large commercial and industrial customer qualifying for service on the Competitive Market Rider. The schedule on the following sheets show the meter, energy, and demand factor for each year of the St. Paul franchise and for each of the customer classifications. (Continued on Sheet No. 5-93.6) Date Filed: 03-22-21 By: Christopher B. Clark Effective Date: 06-01-21 President, Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 R Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA ELECTRIC RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 5 15th Revised Sheet No. 93.12 Franchise and other city fees, as designated below will be included in the customers' monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local governmental unit. - Indicates fee is not applied Franchise Fees _ (6 a a m R o c atf £ U Od U Od U N 0 a� £ C C a a� C d >. o y y 2 = - -T L .2 C. =' GI E C E d R 7 � 7 C 7 7 d •K U W U z cn 0 -1 0.-1 2 a z a o w w Tracy $2.64 $2.64 $5.28 $5.28 - - - 01/2023 09/25/2042 Vadnais Heights $4.00 $6.00 $26.00 $120.00 - 01/2021 01/01/2038 Victoria $3.00 $10.00 $10.00 $10.00 - - - 02/2017 10/09/2036 Wabasha $2.00 $4.00 $10.00 $10.00 - - - 05/2022 01/03/2042 Waite Park $4.00 $6.75 $15.00 $109.00 - - - 01/2019 06/10/2032 Watertown $3.00 $4.50 $16.00 $51.00 - $13.50 $21.00 04/2010 04/10/2027 Wayzata $2.06 $4.64 $4.64 $15.45 $1.03 $1.03 $1.03 03/2011 11/30/2026 White Bear Lake 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 1.5% 05/2018 01/08/2038 4.0% Customers who purchase $100,000 or less in calendar year Winona 06/2003 12/15/2023 1.5% That part which exceeds $100,000 in calendar year Winsted $2.00 $2.00 $2.00 $2.00 - - - 05/2012 12/19/2031 Woodbury $3.25 $3.50 $23.00 $90.00 $0.00 $0.00 $0.00 01/2022 08/10/2041 Wyoming $3.75 $3.75 $25.00 $150.00 - - - 05/2022 02/01/2042 (Continued on Sheet No. 5-93.13) Date Filed: 03-31-23 By: Christopher B. 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(a C O 0 �L .� o V O LU Q� O 0) CD- Z3 0 a aw PUBLIC HEARING - 10B lt ,ARZEN HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: T.J. Hofer, Consultant Planner SUBJECT: Planning Case #24-016 — Public Hearing Required Applicant: Rose Kukwa Property Location: 3776 Connelly Avenue Request: Planned Unit Development Amendment and Site Plan Review Council Should Consider the Following: Hold the required public hearing for Planning Case 24-016, an application from Rose Kukwa ("The Applicant") for a Planned Unit Development Amendment and Site Plan Review to amend the Master and Final PUD Development Agreement Phase I and II — Final Planned Unit Development Plan for Elegant Event Center ("PUD Development Agreement"). This approval would allow for flexibility from the required exterior materials for the north and west elevations as part of the redevelopment of an existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue ("Subject Property"). The City Council will be asked to make a formal decision regarding the application under Agenda Item 11 B. Background 1.Overview of Request The Applicant previously submitted a land use application for a Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review to redevelop the existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue. This application was approved, with conditions, with Resolution 2024-038 on July 22, 2024. The Subject Property is currently owned by Standout Properties, LLC and the building was most recently occupied by the Northern Lights Bingo Hall and Bright Side Cafe. The Applicant's previous proposal was to renovate the existing building and resurface the parking lot. The Applicant proposed a phased development with the event center established in Phase I and restaurant and adult day care uses to be established in Phase II and Phase III, respectively. With the previous proposal, the Applicant sought review and approval for Phases I and II. Page 1 of 10 The PUD Development Agreement was approved on September 23, 2024. The Applicant is now asking to amend the Planned Unit Development (PUD) Agreement to allow for the west elevation and part of the north elevation of the building to have an exterior material that is not defined as a desirable material. The Applicant is proposing to not replace the exterior materials on the specified elevations and to instead paint the existing concrete block exterior material to match the approved exterior materials of the other elevations. The Applicant has provided a description in the submitted narrative: We are requesting a flexibility to allow painting of the west exterior walls in lieu of the brick shown in the original submittal to the Planning Commission and City Council. The west side of the building, which is the back, is not visible from the public streets to the south and east or from the public parking lot. It is heavily screened by dense vegetation along the west property line. The paint colors would match the previously approved brick colors and be applied in the same locations as the original brick colors. Rendering of East and West Elevations — Event Center Rendering ofSouth and North Elevations — Event Center i i i i li m m xBFCANfi 1 I 0- 0 yNORTH jHRIOR ELEVATION - EVENT SPACE B - 1'-0 Page 2 of 10 /1 NORTH EXTERIOR ELEVATION - LOBBY re' A Site Plan Review is required by the City Code for any Planned Unit Development Amendment. Since the Planning Commission review, the Applicant has submitted updated site and landscaping plans approved as part of Planning Case 24-014. From the PUD approval, there are minor changes to the proposed site plan with curbing and parking island configurations and the landscaping plan has differing plant species. Resolution 2024-038 requires that any significant changes be approved by the Planning Commission and City Council, and the proposed changes to the site submitted on October 16, 2024, were deemed to be minor. These proposed minor changes are still under review by city staff and will be considered for approval as part of future permit reviews. No additional changes to the layout of the site are proposed with this application. This commercial corridor is accessible by way of County Road E West. This area is used by several businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. 2. History of the Subject Property The Subject Property was developed in 1986 as a bingo hall consisting of the approximately 11,000 square foot principal structure. A site plan review was required for this development as the property had previously been used as a lumber site. The property changed ownership in 1991 and 2020 with its continued use as a bingo hall which falls under the Commercial Recreation, Indoor land use definition in the City's Zoning Code. In 2020, the property's kitchen was remodeled and the Brightside Cafe was opened within the existing bingo hall. In 2021, the Brightside Cafe was approved for a liquor license effective in 2022. In 2023, Northern Lights Bingo Hall ceased bingo game operations and the Subject Property started to be used for organized sports, which also falls under the definition of a Commercial Recreation, Indoor land use with the installation of turf for the rental use of soccer clubs for practices. A liquor license for the Brightside Cafe was maintained through the end of 2023 but was not renewed for 2024. Approvals 1. Planned Unit Development Amendment The site currently has a PUD that was approved with Resolution 2024-038. This PUD allowed for flexibility on the site and approved the event center and restaurant uses. The flexibilities approved with the PUD include: • Flexibility from off-street parking setbacks • Flexibility from exterior building materials requirements to allow for brick veneer instead of brick • Flexibility from the required 75% desirable materials for the south building elevation • Flexibility from the transparency standard that requires 50% of all first level building fagades that front a public street shall be comprised of transparent windows or doors due to the construction of the existing building and the nature of the proposed use • Flexibility for lighting that exceeds 1 foot candle on the travel lanes of adjoining public streets • Flexibility from the requirement of restaurants to provide functional outdoor seating areas with tables, chairs, plantings and access to the restaurant • Flexibility from the planting islands requirements for one tree per parking lot planting island Page 3 of 10 • Flexibility from the required tree plantings in the right-of-way where one tree would be required and zero were approved • Flexibility to install freestanding signage that exceeds the permitted square footage in Sign District 7 A PUD is required for all new development and redevelopment in the B-2 District. This proposal involves a PUD Amendment for Phase I which includes exterior renovations to the existing building. Under the PUD Master Plan, the Applicant was provided flexibility from exterior materials and transparency standards. The proposal would provide additional flexibility from the exterior material requirement. The Applicant has provided details in the Architectural Plans (Attachment E) which identifies where the flexibility is requested. Approved Site Plan (Planning Gase 14-014) I I O _ ' • O EXISTING ° NG O 3O ' SITE n O ' o r U 9 m jf o o l 6TW. m � T j g Cf� CIO 0 O ' I vvaEsxnw r 2. Site Plan Review An application for a PUD Amendment requires Site Plan Review as well. The Applicant submitted updated site and landscaping plans on October 16, 2024, which minor alterations to the site plan and landscaping plan. No changes are proposed to the layout with the approved site plan as part of the current request. Staff have included aspects of the site within the Plan Evaluation and noted where flexibility was previously approved. Plan Evaluation Overview of Proposal Redevelopment Page 4 of 10 The Applicant is proposing the redevelopment of the Subject Property as the Elegant Event Center. Redevelopment would happen in three phases. The proposal for flexible exterior materials for the west and north elevations corresponds with Phase I of the project. Improvements will be made to the exterior finishes of the principal structure, the parking lot, and the site's landscaping. Existing conditions for the site can be found on the site survey in Attachment D. The Applicant states that the plan is to improve and restore both the building and the property so that it will enhance, not detract, from the surrounding area. Chapter 13, Zoning Regulations Review 1. District Provisions (B-2 General Business District) — Section 1320 Under the 2040 Comprehensive Plan, this site is guided as Community Mixed Use (CMU) on the land use plan and is zoned B-2. No changes to any uses or dimensional standards are proposed. Direction 2040 Comp. Plan Land Use Zoning Existing Land Uses North RR — Railroad right-of-way/ I/O — Light Industrial and Office Railroad/ I -Flex Railroad/ Industrial Warehouse South CMU — Community Mixed Use B-2 — General Business Parking Lot/ Fast Food Restaurant East CMU — Community Mixed Use B-2 — General Business Parking Lot West VLDR — Very Low Density Residential R-I — Single Family Residential Single Family Residences 2. Design Standards — Section 1325.05 and 1325.055 A. Exterior Materials — Flexibility Requested The City Code requires that 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. Staff have provided the review below on building materials as shared by the Applicant. Building Materials — Flexibility Requested The approved building elevations consist of brick veneer, transparent glass, metal panels, and wood. The Applicant previously requested for the brick veneer to be considered a preferred materials as the brick required by the code would be a clay brick. This request was approved as part of the flexibility in the existing PUD. Page 5 of 10 The Applicant previously requested flexibility from the 75% desirable materials requirement on the south building elevation where there is an existing tall parapet wall above an existing overhang. The Applicant states that there is a concern about this parapet wall's ability to accept additional weight from desirable materials such as brick masonry, tile masonry, or natural stone. The approved south elevation includes metal panels used on the existing parapet wall and the materials for the elevation would consist of 63% desirable materials and 37% accent materials. This flexibility was granted as part of the previous PUD. With the PUD Amendment, the Applicant requests flexibility from the 75% desirable materials requirements on the west and north building elevation that were approved in the PUD. The Applicant is proposing to paint the existing concrete block exterior materials with paint on these elevations in lieu of the approved brick veneer, resulting in a reduction in preferred materials. The Applicant has noted that these locations are less visible to the public and the proposed paint would be a color similar to the brick veneer installed on the other elevations. The Applicant has stated by allowing this flexibility, they can ensure the project remains within budget while still delivering a visually appealing and functional event center. The existing west elevation and its visibility to the public are shown in Attachment F. If these flexibilities in building materials are granted, the Applicant will have met the 75% threshold with desired materials on two elevations based on the calculated use of brick veneer and transparent glass. The Applicant states that the exterior would equal 61% desirable materials and 39% accent materials for the building as a whole. The Applicant has stated in their narrative that the portions of the building visible to the public (east and south elevations) exterior finishes would equal 86% desirable materials and 14% accent materials. Event Required PUD Proposed Other Required Proposed Center Preferred Approved Preferred Materials Transparency Transparency Building Materials Flexibility Materials with Brick Veneer North 75% 00% 89% 11% /A 0% Fagade East 75% 6% 6% % 0% 1 % Fagade South 75% 3% 3% 7% 0% % Fagade West 75% 5% 1% 99% /A 1% Fagade The west and north elevations where the flexibility is proposed are highlighted below. Comparison of West Elevations — Approved v. Proposed Page 6 of 10 0 0 xa n NtlR1N EYIFRXW FIEVl1TK.N-FIE11! &•+[:� v Irc.ra /l NORfN EXTERIOR ELEVATION- EVENT SPACE B'. 1'-0 Comparison of North Elevations — Approved v. Proposed INV .,wu.lilwM,wiM /1 NORTN EXTERIOR ELEVATION - LOBBY U 11B' =1'-0' ,oM The Subject Property has existing flexibility as part of the previous PUD from the requirements for transparent windows required in Section 1325.05, Subd. 8, F. The site as proposed in this application conforms with the approved PUD in terms of building positioning, lighting, site furnishings, screening, landscaping, snow storage, parking setbacks, number of parking stalls, the traffic study and site circulation, pedestrian and bicycle circulation, freestanding signs, and wall signs. Page 7 of 10 C J !.l CANOPY - SOUTH 114' = 1'-0" 5 CANOPV - EAST 3. Procedural Requirements for Specific Applications —Section 1355.04 A public hearing for a PUD Amendment 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-2 District and the preliminary analysis for the proposed development. Previous flexibility is shown in grey and requested flexibility is shown in green: Page 8 of 10 Ordinance Requirements A B-2 District Standards Proposed Development Maximum Floor Area Ratio 0.8 0.17 Maximum Building Height 50 feet 20 feet, 11 7/8" +/- Maximum Structure Coverage 45% 17% Minimum Landscape Lot Area 20% 23.34% Minimum Front Yard Setback 50 feet 48.8 feet Minimum Rear Yard Setback 20 feet +/- 160 feet Minimum Side Yard Setback 10 feet (min)/20 feet (total) 19.5 feet/ +/-140 feet Building Posit oning 50 feet 48.8 feet Restaurant: 1 space per 2 seats Minimum Parking Requirements Event Center: 1 space per 4 145 spaces (Existing Flexibility) seats (Total Required- 130 spaces) Off -Street Parking Setbacks 20 feet from ROW +/- 25 feet from ROW Building Fagade Transparency 50% transparency at front Flexibility Approved (Existing Flexibility) 75% brick, tile, natural stone, Seeking Flexibility Building Materials decorative concrete 61%desirable materials and 39% (Existing Flexibility) transparent glass or any accent materials combination thereof Lighting Not to exceed one foot candle Flexibility Approved, 1.4 foot (Existing Flexibility) on the travel lanes of adjoining candles shown on photometric plan ublic streets Screening/Fencing Trash to be enclosed, Trash enclosure proposed, equipment to be screened landscaping for screening Site Furnishings Benches and decorative Bench added at main entry, (Existing Flexibility) plantings, restaurants with Flexibility Approved outdoor seating area Landscaping — Perennial/Shrubs Planting Island requirements Flexibility Approved (Existing Flexibility) for trees and curb Landscaping — Tree Mitigation 51.75 caliper inches required 61 caliper inches proposed for for replacement replacement Landscaping — Boulevard and Island Boulevard Trees — 5 Boulevard Trees — 0 Trees (Existing Flexibility) Island Trees — 7 Island Trees — 3 Pedestrian and Bicycle Circulation Provide circulation plan and Bike Rack and plan bike rack Freestanding Signage — Total Sign Area 34.8 square feet Flexibility Approved, 40.4 square (Existing Flexibility) feet Wall Signage 1 45 square feet 44.7 square feet 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 no additional comments at this time. Fire Marshal The Fire Marshal is currently reviewing the plans. No additional conditions have been included at this time. Page 9 of 10 Planning Commission Review The Planning Commission reviewed this application at the October 9, 2024 meeting. The Commission discussed the landscaping on the site, noting that the majority of the screening that would block the view of the west elevation of the building was located on MnDOT property and could be removed at any time. The Commission noted that as the request was based on an economic nature it would not be reasonable to include a condition that required additional investment into the property, but urged the applicant to consider additional screening on the west side of the property. The Commission voted 6-0 to recommend approval with four conditions of Planning Case 24-016. Since the October Planning Commission meeting, the Applicant has submitted updated site and landscaping plans for the site plan review initially reviewed with Planning Case 24-014 that approved the PUD and site plan. Changes to the proposed plan are minor and the landscaping plan has not changed substantially from what was approved with Planning Case 24-014. The landscape plan that was approved with Planning Case 24-014 and the landscape plan that was submitted on October 16, 2024, are both attached for review. Public Comments Notice was published in the Pioneer Press on October 17, 2024. 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. AttaehmPntc A. Land Use Application B. Location Map C. Narrative D. Site Survey E. Architectural Plans F. Views of West Elevation G. Landscape Plan, dated July 12, 2024 H. Landscape Plan, dated October 4, 2024 I. PC Staff Report J. Draft PC Minutes K. Presentation Page 10 of 10 Attachment A T 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 24- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2024 LAND USE APPLICATION Applicant Information_ Applicant: fC Q VJ/-"W't Address:`e Telephone No.: Other: 7 Fax No. Email Address: -r)6k-A�4\u1Li WCA—Y -r C-`b t , 0Y� -- - Propelrtp Information Property Owner: -- L Owner Address: 1-7i 6 (,o hn-e �Jt ftLLL Owner Telephone No. h1`�. 14 l L.(.oy _I Other: Address of Pro a Involved: " PrfL V� Legal Description: 2 Property ID No.: Type of Use: Type of Roguest ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) F& ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $'f,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1.,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts ❑ Final Plat (Fee: $450 + Escrow: $1,000) Only) (Fee: $350 + Escrow: $1,600) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Variance or Permitted Adjustment (Fee: $350 + ❑ Master Planned Unit Development or Master Special Escrow: $1,000) Development Plan (Fee: $600 + Escrow: $2,500) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) APlanned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow- $1,500) Asite Plan Review (Fee: $450 + Escrow: $1,500) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Page i of 3 Brief Description of Request se also include a typed, detailed letter explaining the proiecth '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 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.ritMLaLlenhills.ora/landuseagt)lications. Completellncomplete 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 Meetinta 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 Meetina 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 Hail 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. 2024 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE" (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE" (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION Gst day of the preceding month) January 3 February 12 December 1 2023 February 7 March 11 January 2 March 6 Aril 8 February 1 April 3 Aril 22 March 1 May 8 May 27* Aril 1 June 5 June 24 May 1 July 10 rescheduled date July 22 June 3 August 7 August 26 July 1 September 4 September 23 August 1 October 9 October 28 September 2 November 6 November 25 October 1 December 4 Janua 13 2025 November 1 Acknowledgement and Sionature 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 cost,* -incurred by the Pity related to the processing of this application. Property Owl or Signature Applicant Signature (If different than the property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: Ww ci off �enhils.ora4anduseapplication Page 3 of 3 Location Map Attachment B q F ` k3565 Ch7' . !Y, n: r,►_ R 7/3/2024, 2:58:07 PM Override 1 Personal Property Tax Parcels — ! Cities County Offices f12311 I 1260 L; 3'9E r0�21 200 1 — 8 .i 4 4 r 1:3,600 0 0.04 0.08 0.16 mi 0 0.05 0.1 0.2 km Ramsey County Ramsey County MN Attachment C E V E N T C E N T E R September 3, 2024 Elegant Event Center 3776 Connelly Road Arden Hills, Minnesota Arden Hills City Planning Submittal Request for Flexibility City of Arden Hills, We respectfully request your approval to amend the Flexibilities regarding the exterior materials approved by the Planning Commission and City Council on July 11, 2024 and July 22, 2024 respectively. We are requesting a flexibility to allow painting of the west exterior walls in lieu of the brick shown in the original submittal to the Planning Commission and City Council. The west side of the building, which is the back, is not visible from the public streets to the south and east or from the public parking lot. It is heavily screened by dense vegetation along the west property line. The paint colors would match the previously approved brick colors and be applied in the same locations as the original brick colors. The Architectural Drawings have been revised to show this proposed change and submitted with this request. With the proposed change to allow paint on the west exterior wall, the average overall percentage breakdown for all elevations between Desirable Materials and Accent Materials is as follows: Desirable Materials - 61 % Accent Materials - 39% When looking at the elevations Visible to the Public from the south and east public streets and the parking lot, the average overall percentage breakdown for the Desirable Materials and Accent Materials is as follows: Desirable Materials - 86% Accent Material - 14% The information and changes regarding this Flexibility are shown on Architectural Sheet A5.1, on the Color & Material Board and in the Material Use Calculation Tables labelled as "Total Building" and "Visible to the Public". We are referring to this as Version 2. We are, also, resubmitting Architectural Sheet A5.0 which shows the materials previously approved by the City Council. These materials are not changing in this request for Flexibility submittal - Version 2. Please note the Material Use Calculations changed to reflect the paint on the west side of the building. By allowing us this flexibility, we can ensure the project remains within budget while still delivering a visually appealing and functional event center. This building, though isolated, represents an opportunity to enhance the fabric of Arden Hills and contribute positively to the community. Thank you for considering our request. 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Hofer, Consultant Planner SUBJECT: Planning Case #24-016 — Public Hearing Required Applicant: Rose Kukwa Property Location: 3776 Connelly Avenue Request: Planned Unit Development Amendment and Site Plan Review Requested Action Rose Kukwa ("The Applicant") is requesting a Planned Unit Development Amendment and Site Plan Review to amend the Master and Final PUD Development Agreement Phase I and II — Final Planned Unit Development Plan for Elegant Event Center ("PUD Development Agreement"). This approval would allow for flexibility from the required exterior materials for the north and west elevations as part of the redevelopment of an existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue ("Subject Property"). Background 1.Overview of Request The Applicant previously submitted a land use application for a Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review to redevelop the existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue. This application was approved, with conditions, with Resolution 2024-038 on July 22, 2024. The Subject Property is currently owned by Standout Properties, LLC and the building was most recently occupied by the Northern Lights Bingo Hall and Bright Side Cafe. The Applicant's previous proposal was to renovate the existing building and resurface the parking lot. The Applicant proposed a phased development with the event center established in Phase I and restaurant and adult day care uses to be established in Phase II and Phase III, respectively. With the previous proposal, the Applicant sought review and approval for Phases I and II. The PUD Development Agreement was approved on September 23, 2024. The Applicant is now asking to amend the Planned Unit Development (PUD) Agreement to allow for the west elevation and part of the north elevation of the building to have an exterior material that is not defined as a Page 1 of 10 desirable material. The Applicant is proposing to not replace the exterior materials on the specified elevations and to instead paint the existing concrete block exterior material to match the approved exterior materials of the other elevations. The Applicant has provided a description in the submitted narrative: We are requesting a flexibility to allow painting of the west exterior walls in lieu of the brick shown in the original submittal to the Planning Commission and City Council. The west side of the building, which is the back, is not visible from the public streets to the south and east or from the public parking lot. It is heavily screened by dense vegetation along the west property line. The paint colors would match the previously approved brick colors and be applied in the same locations as the original brick colors. Ap e 3 UWI BUILDING FIEVA 3 M 0 RenderinofEast and West Elevations — Event Center Rendering of South and North Elevations — Event Center o m Nm m V m N!� Nth O Nm NORTN EXfERION ELEVATION - EVENT SPACE 3� fi 1•-0' 11 NORfN EEMOR ELEVATION - LOBBY V 11B' = I'-0' FAM A Site Plan Review is required by the City Code for any Planned Unit Development Amendment. No changes to the layout of the site are proposed. Page 2 of 10 This commercial corridor is accessible by way of County Road E West. This area is used by several businesses for a variety of retail, manufacturing, distribution, warehousing, and office uses. 2. History of the Subject Property The Subject Property was developed in 1986 as a bingo hall consisting of the approximately 11,000 square foot principal structure. A site plan review was required for this development as the property had previously been used as a lumber site. The property changed ownership in 1991 and 2020 with its continued use as a bingo hall which falls under the Commercial Recreation, Indoor land use definition in the City's Zoning Code. In 2020, the property's kitchen was remodeled and the Brightside Cafe was opened within the existing bingo hall. In 2021, the Brightside Cafe was approved for a liquor license effective in 2022. In 2023, Northern Lights Bingo Hall ceased bingo game operations and the Subject Property started to be used for organized sports, which also falls under the definition of a Commercial Recreation, Indoor land use with the installation of turf for the rental use of soccer clubs for practices. A liquor license for the Brightside Cafe was maintained through the end of 2023 but was not renewed for 2024. Approvals 1. Planned Unit Development Amendment The site currently has a PUD that was approved with Resolution 2024-038. This PUD allowed for flexibility on the site and approved the event center and restaurant uses. The flexibilities approved with the PUD include: • Flexibility from off-street parking setbacks • Flexibility from exterior building materials requirements to allow for brick veneer instead of brick • Flexibility from the required 75% desirable materials for the south building elevation • Flexibility from the transparency standard that requires 50% of all first level building fagades that front a public street shall be comprised of transparent windows or doors due to the construction of the existing building and the nature of the proposed use • Flexibility for lighting that exceeds 1 foot candle on the travel lanes of adjoining public streets • Flexibility from the requirement of restaurants to provide functional outdoor seating areas with tables, chairs, plantings and access to the restaurant • Flexibility from the planting islands requirements for one tree per parking lot planting island • Flexibility from the required tree plantings in the right-of-way where one tree would be required and zero were approved • Flexibility to install freestanding signage that exceeds the permitted square footage in Sign District 7 A PUD is required for all new development and redevelopment in the B-2 District. This proposal involves a PUD Amendment for Phase I which includes exterior renovations to the existing building. Under the PUD Master Plan, the Applicant was provided flexibility from exterior materials and transparency standards. The proposal would provide additional flexibility from the exterior material requirement. The Applicant has provided details in the Architectural Plans (Attachment E) which identifies where the flexibility is requested. Page 3 of 10 Site Plan 2. Site Plan Review An application for a PUD Amendment requires Site Plan Review as well. No changes are proposed to the approved site plan as part of the current request. Staff have included aspects of the site within the Plan Evaluation and noted where flexibility was previously approved. Plan Evaluation Overview of Proposal Redevelopment The Applicant is proposing the redevelopment of the Subject Property as the Elegant Event Center. Redevelopment would happen in three phases. The proposal for flexible exterior materials for the west and north elevations corresponds with Phase I of the project. Improvements will be made to the exterior finishes of the principal structure, the parking lot, and the site's landscaping. Existing conditions for the site can be found on the site survey in Attachment D. The Applicant states that the plan is to improve and restore both the building and the property so that it will enhance, not detract, from the surrounding area. Chapter 13, Zoning Regulations Review 1. District Provisions (B-2 General Business District) — Section 1320 Under the 2040 Comprehensive Plan, this site is guided as Community Mixed Use (CMU) on the land use plan and is zoned B-2. No changes to any uses or dimensional standards is proposed. Direction 1 2040 Comp. Plan Land Use I Zoning Existing Land Uses Page 4 of 10 North RR — Railroad right-of-way/ I/O — Light Railroad/ I -Flex Railroad/ Industrial Industrial and Office Warehouse South CMU — Community Mixed Use B-2 — General Business Parking Lot/ Fast Food Restaurant East CMU — Community Mixed Use B-2 — General Business Parking Lot West VLDR — Very Low Density Residential R-1 — Single Family Single Family Residences Residential 2. Design Standards — Section 1325.05 and 1325.055 A. Exterior Materials — Flexibility Requested The City Code requires that 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. Staff have provided the review below on building materials as shared by the Applicant. Building Materials — Flexibility Requested The approved building elevations consist of brick veneer, transparent glass, metal panels, and wood. The Applicant previously requested for the brick veneer to be considered a preferred materials as the brick required by the code would be a clay brick. This request was approved as part of the flexibility in the existing PUD. The Applicant previously requested flexibility from the 75% desirable materials requirement on the south building elevation where there is an existing tall parapet wall above an existing overhang. The Applicant states that there is a concern about this parapet wall's ability to accept additional weight from desirable materials such as brick masonry, tile masonry, or natural stone. The approved south elevation includes metal panels used on the existing parapet wall and the materials for the elevation would consist of 63% desirable materials and 37% accent materials. This flexibility was granted as part of the previous PUD. With the PUD Amendment, the Applicant requests flexibility from the 75% desirable materials requirements on the west and north building elevation that were approved in the PUD. The Applicant is proposing to paint the existing concrete block exterior materials with paint on these elevations in lieu of the approved brick veneer, resulting in a reduction in preferred materials. The Applicant has noted that these locations are less visible to the public and the proposed paint would be a color similar to the brick veneer installed on the other elevations. The Applicant has stated by Page 5 of 10 allowing this flexibility, they can ensure the project remains within budget while still delivering a visually appealing and functional event center. The existing west elevation and its visibility to the public are shown in Attachment F. If these flexibilities in building materials are granted, the Applicant will have met the 75% threshold with desired materials on two elevations based on the calculated use of brick veneer and transparent glass. The Applicant states that the exterior would equal 61% desirable materials and 39% accent materials for the building as a whole. The Applicant has stated in their narrative that the portions of the building visible to the public (east and south elevations) exterior finishes would equal 86% desirable materials and 14% accent materials. Event Required PUD Proposed Other Required Proposed Center Preferred Approved Preferred Materials Transparency Transparency Building Materials Flexibility Materials with Brick Veneer North 75% 100% 89% 11% N/A 0% Facade East 75% 96% 96% 4% 50% 11% Facade South 75% 63% 63% 37% 50% 4% Fagade West 75% 95% 1% 99% N/A 1% Fagade The west and north elevations where the flexibility is proposed are highlighted below. Comparison of West Elevations — Approved v. Proposed UM Page 6 of 10 Comparison of North Elevations —Approved v. Proposed -o. INVNAI �1 I 0...F%iEOR ROE,FVATO,-EVEN!WA & i �r.ra u mPa yNORTH'PRIOR ELEVATION-EVENTSPACE 1/B". 15 n NORTH E%TERIOR ELEVATION- LOBBV 1/8'=1.0. The Subject Property has existing flexibility as part of the previous PUD from the requirements for transparent windows required in Section 1325.05, Subd. 8, F. The site as proposed in this application conforms with the approved PUD in terms of building positioning, lighting, site furnishings, screening, landscaping, snow storage, parking setbacks, number of parking stalls, the traffic study and site circulation, pedestrian and bicycle circulation, freestanding signs, and wall signs. !.l CANOPY SOUTH - 114' = 1 F T *ELEGANT EVENT COfM NPMWIWY-NP-,2fIMIW � �CANOPV-EAST 114" = P-P 3. Procedural Requirements for Specific Applications —Section 1355.04 A public hearing for a PUD Amendment 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. Page 7 of 10 Plan Evaluation Summary The table below provides the performance standards for the B-2 District and the preliminary analysis for the proposed development. Previous flexibility is shown in grey and requested flexibility is shown in green: Ordinance Requirements 9w, B-2 District Standards Proposed Development Maximum Floor Area Ratio 0.8 0.17 Maximum Building Height 50 feet 20 feet, 11 7/8" +/- Maximum Structure Coverage 45% 17% Minimum Landscape Lot Area 20% 23.34% Minimum Front Yard Setback 50 feet 48.8 feet Minimum Rear Yard Setback 20 feet +/- 160 feet Minimum Side Yard Setback 10 feet (min)/20 feet (total) 19.5 feet/ +/-140 feet Building Positioning 50 feet 48.8 feet Restaurant: 1 space per 2 seats Minimum Parking Requirements Event Center: 1 space per 4 145 spaces (Existing Flexibility) seats (Total Required- 130 spaces) Off -Street Parking Setbacks 20 feet from ROW +/- 25 feet from ROW Building Faqade Transparency 50% transparency at front Flexibility Approved (Existing Flexibility) 75% brick, tile, natural stone, Seeking Flexibility Building Materials decorative concrete, 61% desirable materials and 39% (Existing Flexibility) transparent glass or any accent materials combination thereof Lighting Not to exceed one foot candle Flexibility Approved, 1.4 foot (Existing Flexibility) on the travel lanes of adjoining candles shown on photometric plan public streets Screening/Fencing Trash to be enclosed, Trash enclosure proposed, equipment to be screened landscaping for screening Site Furnishings Benches and decorative Bench added at main entry, (Existing Flexibility) plantings, restaurants with Flexibility Approved outdoor seating area Landscaping — Perennial/Shrubs Planting Island requirements Flexibility Approved (Existing Flexibility) for trees and curb Landscaping — Tree Mitigation 51.75 caliper inches required 61 caliper inches proposed for for replacement replacement Landscaping —Boulevard and Island Boulevard Trees — 5 Boulevard Trees — 0 Trees (Existing Flexibility) Island Trees — 7 Island Trees — 3 Pedestrian and Bicycle Circulation Provide circulation plan and Bike Rack and plan bike rack Freestanding Signage — Total Sign Area 34.8 square feet Flexibility Approved, 40.4 square (ExistingFlexibility) feet Wall Signage 45 square feet 44.7 square feet 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. Page 8 of 10 Public Works Director/City Engineer The Public Works Director/City Engineer has reviewed the plans and has no additional comments at this time. Fire Marshal The Fire Marshal is currently reviewing the plans. No additional conditions have been included at this time. Findings of Fact Planned Unit Development and Conditional Use Permit Findings: 1. The property located at 3776 Connelly Avenue is designated for Community Mixed 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 in the B-3 Zoning District, a Planned Unit Development is required. 4. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 5. Resolution 2024-038 approved a Planned Unit Development for the Subject Property with flexibility for the following areas: parking requirements, landscaping, building materials, transparency, signage, lighting, and site furnishings. 6. A Master and Final PUD Development Agreement was approved by the City Council on September 23, 2024. 7. Where the plan is not in conformance with the City Code, the Applicant has requested flexibility. 8. Flexibility through the PUD process has been requested in the following areas: exterior materials. 9. A public hearing for a Planned Unit Development Amendment request is required before the request can be brought before the City Council. Options and Motion Lan2ua2e Staff have 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 detail. Planned Unit Development Amendment • Recommend Approval with Conditions: Motion to recommend approval of Planning Case 24-016 for a Planned Unit Development Amendment and Site Plan Review for an Event Center and Restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 9, 2024 Report to the Planning Commission: 1. The project shall be subject to any and all conditions of approval of Resolution 2024-038. Page 9 of 10 2. 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 Community Development Director, shall require review and approval by the Planning Commission and City Council. 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. The Master and Final PUD Development Agreement shall be amended to reflect the approval for additional flexibility from exterior building materials and the plans reviewed with this request. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. • Recommend Approval as Submitted: Motion to recommend approval of Planning Case 24- 016 for a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans in the October 9, 2024 Report to the Planning Commission. • Recommend Denial: Motion to recommend denial of Planning Case 24-016 for a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly 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 24-016 for a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly Avenue: a specific reason and information request should be included with a motion to table. Public Comments Notice was published in the Pioneer Press on September 27, 2024. 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 September 3, 2024. Pursuant to Minnesota State Statute, the City must act on this request by November 2, 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. Attachments A. Land Use Application B. Location Map C. Narrative D. Site Survey E. Architectural Plans F. Views of West Elevation Page 40 of 10 Attachment J -ARZEN�IILLs DRAFT Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, OCTOBER 9, 2024 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Kurtis Weber called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Kurtis Weber, Commissioners Stephen Erler, Ben Lindau, Arlene Mitchell, Katie Stromberg, and Jonathan Wicklund. Absent: Commissioners Brad Bjorklund and Shelley Blilie. Also present were: Interim City Administrator Jessica Jagoe, Planning Consultant T.J. Hofer and Councilmember Emily Rousseau. APPROVAL OF AGENDA — OCTOBER 9, 2024 Commissioner Mitchell moved, seconded by Commissioner Erler, to approve the October 9, 2024, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES August 7, 2024 — Planning Commission Regular Meeting Commissioner Erler moved, seconded by Commissioner Wicklund, to approve the August 7, 2024, Planning Commission Regular Meeting as presented. The motion carried unanimously (6-0). PLANNING CASES A. Planning Case 24-016; 3776 Connolly Avenue — Planned Unit Development Amendment and Site Plan Review — Public Hearing Consultant Planner Hofer stated the Applicant previously submitted a land use application for a Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review to redevelop the existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue. This application was approved, with conditions, with Resolution 2024-038 on July 22, ARDEN HILLS PLANNING COMMISSION — October 9, 2024 2 2024. The Subject Property is currently owned by Standout Properties, LLC and the building was most recently occupied by the Northern Lights Bingo Hall and Bright Side Caf6. The Applicant's previous proposal was to renovate the existing building and resurface the parking lot. The Applicant proposed a phased development with the event center established in Phase I and restaurant and adult day care uses to be established in Phase II and Phase III, respectively. With the previous proposal, the Applicant sought review and approval for Phases I and II. Consultant Planner Hofer stated the PUD Development Agreement was approved on September 23, 2024. The Applicant is now asking to amend the Planned Unit Development (PUD) Agreement to allow for the west elevation and part of the north elevation of the building to have an exterior material that is not defined as a desirable material. The Applicant is proposing to not replace the exterior materials on the specified elevations and to instead paint the existing concrete block exterior material to match the approved exterior materials of the other elevations. The Applicant has provided a description in the submitted narrative: We are requesting a flexibility to allow painting of the west exterior walls in lieu of the brick shown in the original submittal to the Planning Commission and City Council. The west side of the building, which is the back, is not visible from the public streets to the south and east or from the public parking lot. It is heavily screened by dense vegetation along the west property line. The paint colors would match the previously approved brick colors and be applied in the same locations as the original brick colors. Consultant Planner Hofer reviewed the history of the subject property, the Plan Evaluation and provided the Findings of Fact for review: 1. The property located at 3776 Connelly Avenue is designated for Community Mixed 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 in the B-3 Zoning District, a Planned Unit Development is required. 4. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 5. Resolution 2024-038 approved a Planned Unit Development for the Subject Property with flexibility for the following areas: parking requirements, landscaping, building materials, transparency, signage, lighting, and site furnishings. 6. A Master and Final PUD Development Agreement was approved by the City Council on September 23, 2024. 7. Where the plan is not in conformance with the City Code, the Applicant has requested flexibility. 8. Flexibility through the PUD process has been requested in the following areas: exterior materials. 9. A public hearing for a Planned Unit Development Amendment request is required before the request can be brought before the City Council. ARDEN HILLS PLANNING COMMISSION — October 9, 2024 3 Consultant Planner Hofer reviewed the options available to the Planning Commission for Planning Case 24-016 for a Planned Unit Development Amendment and Site Plan Review for an Event Center and Restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 9, 2024 Report to the Planning Commission. Consultant Planner Hofer reviewed the options available to the Planning Commission on this matter: Recommend Approval with Conditions 1) The project shall be subject to any and all conditions of approval of Resolution 2024- 03 8. 2) 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 Community Development Director, shall require review and approval by the Planning Commission and City Council. 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) The Master and Final PUD Development Agreement shall be amended to reflect the approval for additional flexibility from exterior building materials and the plans reviewed with this request. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Weber opened the floor to Commissioner comments. Commissioner Erler stated his only concern with this request was that the acceptability depends on the screening from Snelling Avenue. He did not believe it was good to count on screening from highway department land. The only way he finds it acceptable to change this property was to ensure the screening was completed. Commissioner Mitchell asked how much of the north face would be changed from a painted surface to brick. Consultant Planner Hofer reviewed the building elevations in further detail with the Commission noting the areas that would change. Commissioner Mitchell indicated she visited the property and noted it appears the property has wooden siding and not cement block. Chair Weber stated it was his understanding this was a cinder block building that was being painted. He explained he supported this request in order to move the event center forward. He indicated he would like to see evergreen screening put in place versus deciduous trees. Commissioner Lindau supported the reuse of this property noting the event center would be an asset to the community. ARDEN HILLS PLANNING COMMISSION — October 9, 2024 4 Chair Weber opened the public hearing at 6:47 p.m. Chair Weber invited anyone for or against the application to come forward and make comment. There being no comment, Chair Weber closed the public hearing at 6:47 p.m. Commissioner Erler moved and Commissioner Wicklund seconded a motion to recommend approval of Planning Case 24-016 for a Planned Unit Development Amendment and Site Plan Review for an Event Center and Restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 9, 2024 Report to the Planning Commission. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She reported the Council reviewed the Trident North development and tabled action for the time being. She explained the Council approved the preliminary tax levy at 15.5% for 2025. She noted there was a strong interest in several of the Councilmembers to pursue a franchise fee to assist with covering costs for the new fire station. She welcomed Commissioner Lindau to the Planning Commission. She noted the City Council will be holding a joint meeting with the Planning Commission on Monday, October 28. B. Planning Commission Comments and Requests Commissioner Lindau introduced himself to the Commission and discussed his work experience in further detail. Commissioner Erler commented on the Commissioner Diversity, Equity, and Inclusion event he attended in the City of New Brighton. ADJOURN Commissioner Mitchell moved, seconded by Commissioner Wicklund, to adiourn the October 9, 2024, Planning Commission Meeting at 6:58 p.m. The motion carried unanimously (6-0). i CD E t V a +J L Q) •� E c QJ Y Q) Q L N 0 > Q +-+ C G1 a) 2 Q ++ 0 a u u > a� " o �o v +� O w m N 0 > v m CA V w U � •� •U _ L G1 � (n Q CL 0 Cr Q a < ac c� 00 N O Q) C�0 E C6 Q_ O Q� m U i 0 O N L L L U N t�: -0 N O .— _ O C6 ca Ln � Q) O O -0 N U Q) -, Q) Ln D .� a--i _0 Q O O N � N � v � LL [B O � L.L 1,0 a--+ a--+ 0 LL CO J C Ij 4- CB " 0 4 f6 CD bc: C)r cc d V) N N N UJ X 41 cn � m m fa L o c � � I I N N m m I o °; \ U D fB � Q X X 1 � t co .� 'E L � E E N � E E O 0 4� I I I or_ U u Ir (,/tj . 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M g Q y fa V, e� N A cr q N M ' IN a � V vl Vtl �0 ° V y p w V pq V N y Wri O \\ In O o W O y O ry .+ v u f�' o L o ai d It N N .�C> pp, A w 1�� r 4 o J7 4 u oull o a CA �y vi A Id ..d N N ,V.I 'O'� I= bl) V N.- •� v to tl N � W W U w '~a0 � h ✓" y" i„ O W 7: � F a��i .fir w .� bu a�i tu. �' y V � � o Y W (Yi Jj C1 bq a.c4. bl W b„ v. .a. 1 F p f W LQ I C: O N O O E }, u ro +� O N O U U O c6 C6 U N fa O c6 O a--+ N � •� v z N � � s � •> � m N v v v (U v +� w aj v •- E a� L U OLE cn a_, U a� c6 v (A U C6 °° C.� v c� _ a •— `~ O Q p o E N O L U 4A N i > NQ -0 Oaj -C3 m S c: m F-- M a- J C C6 LL -C t/) N � a--' t1A 0-0 U a.., bm O 4 v zo o N O N •— O N U •— L -0 O N =3 U Q O O 4' N N N _0 v o v � a (3) O a)+J+, �_0 O C: = N E .� C U N � v � •� LnnU~ V -0 Q ca CL Z Q ul U i �Q) LL r- ro r Q w I o O N 4� NEW BUSINESS -11A -fiRPEN HILLS MEMORANDUM DATE: October 28, 2024 Honorable Mayor and City Councilmembers TO: Jessica Jagoe, Interim City Administrator FROM: Joua Yang, Finance Director SUBJECT- Adoption of Ordinances for Implementation of Electric Franchise Fees and Renewal of Existing Electric and Gas Franchise Agreements Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table, or deny the following: • Adoption of Ordinances 2024-012 and 2024-013 for implementation of Electric Franchise Fee Ordinance and renewal of Electric Franchise Agreement Ordinance with Northern States Power and authorization to publish a Summary Ordinance of 2024-012 and 2024-013. • Adoption of Ordinance 2024-014 for renewal of Gas Franchise Agreement Ordinance with Northern States Power and authorization to publish a Summary Ordinance of 2024-014. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Background Franchise fees are an equitable way to raise funds for important infrastructure needs. A franchise fee can only be implemented through a franchise agreement with the local energy provider (Xcel Energy). The City is anticipating future gaps in funding for infrastructure needs, largely due to increased costs for the new Lake Johanna Fire Department (LJFD) station project, trail projects, and an equipment needs schedule. After an open house held in April 2024 and several work session discussions, Council's consensus was in favor of implementing electric franchise fees, to be directed towards the new Lake Johanna Fire Department station. Ehler's provided preliminary debt service schedules, to align with the construction of the new facility, with debt service payments expected to occur in February 2026. Staff recommends adoption of the franchise fee options no later than November 2024, to allow Xcel to meet the Public Utilities Commission's requirements. Below is a timeline of key dates to ensure proper implementation of franchise fees in order to meet the City's bonding need in the spring of 2025. Page 1 of 2 • October 28, 2024 — City Council Franchise Fees Ordinance & Agreement • November 2024 — January 2025 — Public Utilities Commission (PUC) review of Franchise Fees • February 2025 —Implementation of Franchise Fees (aligns one year in advance of debt service payment) • Tentative May 15, 2025 — Cities Issuance of Bonds for LJFD Headquarters • February 2026 — Debt Service Payment Existing Franchise Agreement Ordinances Despite one ordinance being for electrical service and the other for natural gas service, the provisions of the two ordinances are nearly identical, with the exception of that the proposed new franchise fee rates are included in the electric franchise agreement ordinance under Section 9. Both ordinances are proposed to have twenty year terms which is the same term as the existing agreements. The City's existing gas ordinance is set to expire in 2029 and is being brought forward for renewal to align with the two electric franchise agreements. There are no changes to the gas ordinance as the City will not be imposing a franchise fee on gas utilities. New Franchise Fee Ordinance The City will need to adopt a new and separate ordinance for implementing an electric franchise fee. The City has not imposed a franchise fee on gas or electric services in the past. The franchise fee structure will be a monthly flat fee on each premise. The fee structure can be amended anytime throughout the twenty-year agreement. These ordinances/agreements have been reviewed by the City Attorney and will need to be fully approved and executed prior to Xcel Energy's implementation of franchise fees on customers' bills. Council Requested Action Staff requests that the City Council consider the proposed Ordinances and authorize publication of a Summary Ordinances. 1) Motion to Approve Ordinances 2024-012 and 2024-013 with Northern States Power for implementing an Electric Franchise Fee Ordinance and renewal of Electric Franchise Agreement Ordinance for permission to construct, operate, repair and maintain an electric distribution system and transmission lines in the City of Arden Hills, Minnesota and authorize publication of summary ordinances. 2) Motion to Approve Ordinance 2024-014 with Northern States Power for renewal of Gas Franchise Agreement granting to Northern States Power Company permission to construct, operate, repair and maintain a gas distribution system and the necessary gas pipes, mains, and appurtenances for the transmission or distribution of gas to the city and inhabitants in the City of Arden Hills, Minnesota and authorize publication of a summary ordinance. Attachments A. Draft Ordinance 2024-012 Northern States Power Company New Electric Franchise Fee Ordinance and Summary Ordinance B. Draft Ordinance 2024-013 Northern States Power Company Electric Franchise Ordinance with Fee and Summary Ordinance C. Draft Ordinance 2024-014 Northern States Power Company Gas Franchise Ordinance without fee and Summary Ordinance D. PowerPoint Presentation Page 2 of 2 It --ARI�N HILLS ORDINANCE NO.2024-012 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ARDEN HILLS THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. The City of Arden Hills Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The Arden Hills City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Arden Hills. 1k (a) Pursuant to City Ordinance , a Franchise Agreement between the City of Arden Hills and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM , 2024 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subd. 3. Pam. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise Agreement. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. SECTION 2. SUMMARY PUBLICATION Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes a franchise fee on Northern States Power Company resulting from the Franchise Agreement, adopted as ordinance 2024-012, granting Northern States Power Company a 20-year electric service franchise, in the amounts of - Class Residential Small C & I — Non -Demand Small C & I — Demand Large C & I Public Street Lighting Municipal Pumping — Non -Der Municipal Pumping — Demand PASSED and ADOPTED this of Arden Hills, Minnesota. Attest: Julie Hanson, City Clerk SEAL Amount per month $ 3.25 $ 4.25 $ 21.00 $ 319.00 q'16 day of , 2024, by the City Council of the City CITY OF ARDEN HILLS David Grant, Mayor Published in the Pioneer Press on 12024 2 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Residential Small C & I — Non -Demand Small C & I — Demand Large C & I Public Street Lighting Municipal Pumping — Non -Demand Municipal Pumping — Demand Amount per month $ 3.25 $ 4.25 $ 21.00 $ 319.00 Franchise fees are submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. % 4 'It --4 DEN HILLS ORDINANCE NO.2024-013 Attachment B CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA ELECTRIC FRANCHISE ORDINANCE AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ARDEN HILLS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Arden Hills, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 81h Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, 1245 W. Highway 96, Arden Hills, MN 55112. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. 2 Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee subject to Section 9.1 of this Ordinance. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. V? 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company's expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right- of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. 0 SECTION 5. TREE TRIMMING. 5.1 Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company fords necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemni . of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. 7.1 The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. 8.1 Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Residential Sm C & I — Non-Dem Sm C & I — Demand Large C & I Public Street Ltg Muni Pumping N/D Muni Pumping — Dem Fee Per Premise Per Month $ 3.25 $ 4.25 $ 21.00 $ 319.00 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by 31 this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. 11.1 Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's 7 written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. 12.1 This franchise supersedes any previous electric franchise granted to Company or its predecessor. SECTION 13. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The 20-year Franchise Agreement grants Northern States Power Company the right to transmit and furnish electric energy to the residents of Arden Hills. The ordinance sets the maximum monthly franchise fee chargeable to each class of gas customers in Arden Hills. The franchise fees will be set by a separate ordinance. PASSED and ADOPTED this day of , 20249 by the City Council of the City of Arden Hills, Minnesota. CITY OF ARDEN HILLS David Grant, Mayor Attest: Julie Hanson, City Clerk SEAL Published in the Pioneer Press on , 2024 N. Attachment C EN HILLS ORDINANCE NO. 2024-014 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA GAS FRANCHISE ORDINANCE CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ARDEN HILLS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF ARDEN HILLS DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Arden Hills, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, 1245 W. Highway 96, Arden Hills, MN 55112. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas 2 Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. V? SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of- way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. 5.1 Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. 0 SECTION 6. INDEMNIFICATION. 6.1 Indemni . of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. 7.1 The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. 8.1 Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any w such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. 10.1 Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other parry will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. 11.1 This franchise supersedes any previous Gas franchise granted to Company or its predecessor. SECTION 12. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The 20-year Franchise Agreement grants Northern States Power Company the right to transmit and furnish gas energy to the residents of Arden Hills. The Franchise Agreement further grants Northern States Power Company the power to construct, operate, repair, and maintain gas facilities in, on, over, under and across public right of ways, and any other public grounds owned by the City. PASSED and ADOPTED this the City of Arden Hills, Minnesota. Attest: It*) Julie Hanson, City Clerk SEAL Published in the Pioneer Press on day of , 20249 by the City Council of CITY OF ARDEN HILLS David Grant, Mayor 2024 U. •— s w . 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(a C O 0 �L .� o V O LU Q� O 0) CD- Z3 0 a aw NEW BUSINESS -11B I -R 7�EN�HILLS MEMORANDUM DATE: October 28, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: T.J. Hofer, Consultant Planner SUBJECT: Planning Case #24-016 — Public Hearing Required Applicant: Rose Kukwa Property Location: 3776 Connelly Avenue Request: Planned Unit Development Amendment and Site Plan Review Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider: Motions to approve, table, or deny the following: • Planning Case 24-016 and the adoption of Resolution 2024-050 for the Elegant Event Center Planned Unit Development Amendment and Site Plan Review for an Event Center and Restaurant at 3776 Connelly Avenue. Approval of a PUD Amendment requires an affirmative vote of four councilmembers. Background The Applicant previously submitted a land use application for a Zoning Code Amendment, Master Planned Unit Development, Final Planned Unit Development, Conditional Use Permit, and Site Plan Review to redevelop the existing approximately 11,000 square foot commercial building on the property at 3776 Connelly Avenue. This application was approved, with conditions, with Resolution 2024-038 on July 22, 2024. The PUD Development Agreement was approved on September 23, 2024. The Applicant is now asking to amend the Planned Unit Development (PUD) Agreement to allow for the west elevation and part of the north elevation of the building to have an exterior material that is not defined as a desirable material. The Applicant is proposing to not replace the exterior materials on the specified elevations and to instead paint the existing concrete block exterior material to match the approved exterior materials of the other elevations. Page 1 of 4 A Site Plan Review is required by the City Code for any Planned Unit Development Amendment. Since the Planning Commission review, the Applicant has submitted updated site and landscaping plans approved as part of Planning Case 24-014 that will be considered as part of future permit reviews. Changes to the proposed plan are minor and the landscaping plan has not changed substantially from what was approved with Planning Case 24-014. Resolution 2024-038 requires that any significant changes be approved by the Planning Commission and City Council, and the changes to the site submitted on October 16, 2024, were deemed to be minor. No additional changes to the layout of the site are proposed with this application. Approvals 1. Planned Unit Development Amendment The site currently has a PUD that was approved with Resolution 2024-038. This PUD allowed for flexibility on the site and approved the event center and restaurant uses. The flexibilities approved with the PUD include: • Flexibility from off-street parking setbacks • Flexibility from exterior building materials requirements to allow for brick veneer instead of brick • Flexibility from the required 75% desirable materials for the south building elevation • Flexibility from the transparency standard that requires 50% of all first level building fagades that front a public street shall be comprised of transparent windows or doors due to the construction of the existing building and the nature of the proposed use • Flexibility for lighting that exceeds 1 foot candle on the travel lanes of adjoining public streets • Flexibility from the requirement of restaurants to provide functional outdoor seating areas with tables, chairs, plantings and access to the restaurant • Flexibility from the planting islands requirements for one tree per parking lot planting island • Flexibility from the required tree plantings in the right-of-way where one tree would be required and zero were approved • Flexibility to install freestanding signage that exceeds the permitted square footage in Sign District 7 A PUD is required for all new development and redevelopment in the B-2 District. This proposal involves a PUD Amendment for Phase I which includes exterior renovations to the existing building. Under the PUD Master Plan, the Applicant was provided flexibility from exterior materials and transparency standards. The proposal would provide additional flexibility from the exterior material requirement. The Applicant has provided details in the Architectural Plans which identifies where the flexibility is requested. 2. Site Plan Review An application for a PUD Amendment requires Site Plan Review as well. The Applicant submitted updated site and landscaping plans on October 16, 2024, which minor alterations to the site plan and landscaping plan. No changes are proposed for the site layout from the approved site plan as part of the current request. Staff have included aspects of the site within the Plan Evaluation and noted where flexibility was previously approved. Page 2 of 4 Findings of Fact The Planning Commission reviewed this application at their October 9, 2024, meeting and have offered the following findings of fact for your consideration: 1. The property located at 3776 Connelly Avenue is designated for Community Mixed 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 in the B-3 Zoning District, a Planned Unit Development is required. 4. The Master and Final Planned Unit Development generally conforms to the requirements of the City Zoning Code and design standards. 5. Resolution 2024-038 approved a Planned Unit Development for the Subject Property with flexibility for the following areas: parking requirements, landscaping, building materials, transparency, signage, lighting, and site furnishings. 6. A Master and Final PUD Development Agreement was approved by the City Council on September 23, 2024. 7. Where the plan is not in conformance with the City Code, the Applicant has requested flexibility. 8. Flexibility through the PUD process has been requested in the following areas: exterior materials. 9. A public hearing for a Planned Unit Development Amendment request is required before the request can be brought before the City Council. 10. The Planning Commission held a public hearing for this land use application on October 9, 2024. Options and Motion Language The Planning Commission reviewed this application at their October 9, 2024, meeting. At that time, they recommended approval with conditions of the Elegant Event Center application for a Planned Unit Development Amendment and Site Plan Review by a 6-0 vote. The following are motion language options for the City Council to consider. • Approval with Conditions: Motion to approve Resolution 2024-050 for Planning Case 24- 016 a Planned Unit Development Amendment and Site Plan Review for an Event Center and Restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans, as amended by the conditions in the October 28, 2024 Report to the City Council: 1. The project shall be subject to any and all conditions of approval of Resolution 2024-038. 2. 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 Community Development Director, shall require review and approval by the Planning Commission and City Council. 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. Page 3 of 4 4. The Master and Final PUD Development Agreement shall be amended to reflect the approval for additional flexibility from exterior building materials and the plans reviewed with this request. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. Approval as Submitted: Motion to approve Resolution 2024-050 for Planning Case 24-016 a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly Avenue, based on the findings of fact and the submitted plans in the October 28, 2024 Report to the City Council. Denial: Motion to deny Planning Case 24-016 for a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly 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 24-016 for a Planned Unit Development Amendment and Site Plan Review for an event center and restaurant at 3776 Connelly Avenue: a specific reason and information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on September 3, 2024. Pursuant to Minnesota State Statute, the City must act on this request by November 2, 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. Budget Impact N/A Attachments A. Draft Resolution 2024-050 B. Presentation Page 4 of 4 Attachment A jT� EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-050 RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE SUBJECT PROPERTY AT 3776 CONNELLY AVENUE WHEREAS, City Staff received a complete land use application for 3776 Connelly Avenue ("Subject Property") for a Planned Unit Development Amendment on September 3, 2024; WHEREAS, the Subject Property is located in the B-2 — General Business Zoning District and is guided as Community Mixed Use in the Land Use plan; WHEREAS, a Conditional Use Permit was approved with Resolution 2024-038 for an event center in the B-2 Zoning District; WHEREAS, a Master and Final Planned Unit Development for Phases I and I1 were approved as part of a Conditional Use Permit in order to allow an event center; 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 October 9, 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 Planned Unit Development Amendment 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 2024-050 approving Planning Case 24-016 for a Planned Unit Development Amendment at the Subject Property 3776 Connelly Avenue to allow for flexibility from the required exterior materials. 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 24-016 for a Planned Unit Development Amendment on the Subject Property 3776 Connelly Avenue, based on the findings of fact and the submitted plans in the October 28, 2024 Report to the City Council, as amended by the following conditions: 1. The project shall be subject to any and all conditions of approval of Resolution 2024-038. 2. 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 Community Development Director, shall require review and approval by the Planning Commission and City Council. 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. The Master and Final PUD Development Agreement shall be amended to reflect the approval for additional flexibility from exterior building materials and the plans reviewed with this request. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28th DAY OF OCTOBER, 2024. 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