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HomeMy WebLinkAbout11-12-24-RMayor: 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 November 12, 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 7. APPROVAL OF MINUTES 7.A. October 15, 2024 Special City Council Work Session Documents: 10-15-24-SWS.PDF 7.B. October 28, 2024 City Council Work Session Documents: 10-28-24-WS.PDF 7.C. October 28, 2024 Regular City Council Documents: 10-28-24-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: MEM PDF 8.B. Motion To Approve Resolution 2024-051 Certifying 2024 Municipal Election Canvass Results Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.C. Motion To Approve 2025-2029 Agreement For Law Enforcement Services With The Ramsey County Sheriffs Office Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.D. Motion To Approve Resolution 2024-052 Accepting The Liability Coverage Limits From The League Of Minnesota Cities Insurance Trust (LMCIT ) Joua Yang, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.E. Motion To Approve Springbrook Holding Company LLC Invoice For 2025 Software Maintenance Fees Joua Yang, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF 8.F. Motion To Authorize The City's Participation In The Partners In Energy (PiE) Program With Xcel Energy Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.G. Motion To Approve Quote From Precision Landscape & Tree, Inc., For Hazardous Tree Removal At Freeway Park David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.H. Motion To Approve Professional Services Agreement With TKDA For The 2025 CIPP Lining Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 8.1. Motion To Authorize Refund Of Special Assessment Interest For 2024 PMP Street & Utility Improvements Project David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 11. NEW BUSINESS 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN M� -ARDEN HILLS Approved: November 12, 2024 [DRAFT CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL SPECIAL WORK SESSION OCTOBER 15, 2024 5:30 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 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; Public Works Director/City Engineer David Swearingen; Deputy Clerk Jen Estling 1. PUBLIC INQUIRIES/INFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. Rice Creek Commons/TCAAP Discussion Interim City Administrator Jagoe said staff is seeking direction for next steps to continue the development discussion with Alatas and Ramsey County. Staff has been providing the JDA updates on where the County is at with the purchase and sale agreement with Alatus that has led to some of the discussions that are necessary, on the City side. Interim City Administrator Jagoe said the Term Sheet is provided in the packet. She outlined that Staff is seeking direction from Council to reaffirm the list on the Term Sheet is still the Council's general negotiation items. Staff is also wanting Council to reaffirm the additional work session topics outlined in the agenda packet. Staff thinks a regular meeting cadence is appropriate if Council wishes for Staff to bring background information on any of the topics outlined. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 2 Interim City Administrator Jagoe introduced Stacie Kvilvang of Ehlers who is the financial advisor for the project. Kori Land, The City Attorney for the TCAAP discussions could not make it to the meeting. Scheduling regular meetings would make it easier for everyone to make it to the meetings, rather than surveying who has availability which delays the progress on the discussions. Interim City Administrator Jagoe said after establishing regular meeting times, Staff seeks direction for the process for the negotiations. Outlined in the memo, is the prior process that two City Council members had been primarily leading that negotiation with approvals being brought back to the full Council. Staff wonders if the Council desires to keep that process. Mayor Grant asked Councilmembers if there was any background information they wanted other than the previous Term Sheet. Councilmember Holden said she has talked to Interim City Administrator Jagoe about what she would like to see. Mayor Grant said he would like to see spreadsheet financials. He said there is reference to 4D Housing. He asked if that is 50 or 60. Stacie Kvilvang said typically it's a minimum of 20% of the units at 60% of the area median income. She pointed out one item in the development plan that has not changed throughout the discussions. One building would be 100% tax credit project. So, 100% of that building would qualify for 4D. There is another building or two that would have 20% of the units at the 60%. Councilmember Holden would like to see the parks plan. The developer didn't want to do park dedication fees because he said he can build it so much cheaper than if he paid park dedication fees to the City and the City built it. She would like to take a closer look at that plan. Mayor Grant would like a full detail about what would be at each park. Interim City Administrator Jagoe said that the equipment detail sheet was attached to the memo of understanding. Councilmember Monson asked what information Councilmember Holden requested from Interim City Administrator Jagoe. Councilmember Holden said she was looking for financials. Councilmember Monson asked for clarification if Councilmember Holden was looking for financials of what it looks like today or at each step. Councilmember Holden said financials of City cost. Stacie Kvilvang thought it was the spreadsheet that has the City's cost for staff and capital and the taxes that come off of it. Councilmember Holden said the new one is missing several items. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 3 Councilmember Rousseau asked if Interim City Administrator Jagoe would share the information with the entire Council. Interim City Administrator Jagoe confirmed. She would look to see if there is an earlier list and also include the proforma. She didn't think there have been any revisions to that document. There may have been some refinement of current cost. She will provide that to everyone. Stacie Kvilvang asked if Council has received the most recent updated proforma. Interim City Administrator Jagoe said the previous City Administrator did provide the newer versions. Mayor Grant said he isn't sure if he has the latest one. Councilmember Holden said the last one she has is from January. Stacie Kvilvang said there is one updated version since January to reflect tax rate changes. Mayor Grant would like the most recent update, as well as, the previous ones to compare how it has changed. Interim City Administrator Jagoe asked if there were specific years or benchmarks Council would like to see. Mayor Grant said he would like whatever went with the Term Sheet. Interim City Administrator Jagoe will provide the 2022 Term Sheet information. Mayor Grant would also like to see a signed copy of the Memo of Understanding (MOU) for civic sites. Interim City Administrator Jagoe said there is just the partial option agreement and Staff will provide a copy of that. Mayor Grant said there should be a signature on the paper. Stacie Kvilvang believes it was fully executed. Nothing has changed. Councilmember Monson asked if this will just be information sent in an email to all Councilmembers. Interim City Administrator Jagoe confirmed and said it would be as we get into the utilities discussion. She would provide the cooperative agreement, as well as anything Kori Land has updated. Councilmember Monson asked if Council is requesting all of these documents provided in the next couple days, or to have them for an upcoming work session meeting. She said most of the information being requested is already available from previous discussions. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 4 Mayor Grant wants to be sure he has the most current versions of everything. Interim City Administrator Jagoe said the option agreement for the civic site, the MOU for the parks, the cooperative agreement have not changed. Councilmember Monson asked if the green energy is a new item. Interim City Administrator Jagoe said that will be new but that has previously been identified as one of the development agreement items to be drafted. Councilmember Monson asked if it was just the old agreements from before the lawsuit. She asked for clarification if Staff is asking Council to look at those agreements and reaffirm, noting there may be some changes because the purchase agreement has changed. The purchase agreement is no longer phased so some things will be different. Interim City Administrator Jagoe confirmed. Any changes to the cooperative agreement would be changing dates. There has been no direction to change any of the original content. Mayor Grant said we have to sit down and negotiate with Alatus. He asked Council how they want to handle that. Councilmember Fabel outlined the current Term Sheet was created by two councilmembers working with Alatus. Those two councilmembers brought the document back to Council and it was adopted. He thinks it makes sense for the two councilmembers to begin with the document we have and if there are terms that Council doesn't want included anymore or if there is something Council wants added, the councilmembers involved in the negotiations can bring those forward. Councilmember Holden said it wasn't only two members who were negotiating. She said everyone was at the table negotiating at different times. They made sure everyone's opinion was included. Councilmember Monson asked Interim City Administrator Jagoe to confirm who the two primary councilmembers were who participated in previous negotiations and if they were the JDA members in 2022. Interim City Administrator Jagoe recalls the primary discussions included the two JDA representatives and former City Administrator Perrault met individually with the other councilmembers to go over the discussion items. The primary discussions with the developer occurred with the two JDA representatives. Councilmember Monson said she is fine with continuing that structure for negotiations. Councilmember Rousseau wondered if the 2 or 3 special work sessions Staff is requesting are intended to be held before going into the negotiations with the developer. Mayor Grant believes so. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 5 Councilmember Rousseau asked if Council is to be setting up a second set of meetings, in addition to the 2 or 3 special work sessions. Mayor Grant was thinking those meetings were the negotiating meetings with the developer. Councilmember Holden said it would make sense to know what the City wants before going into negotiations. Councilmember Fabel presumed Staff and the JDA representatives would take the document that was already negotiated in the past and make sure all items are still on the table for the developer. They would then bring that back to the full Council and open and rediscuss any items that need to be. It wouldn't be starting from scratch. There has been a lot of agreement already. He thinks the most efficient way to move forward is for Staff and the JDA representatives to begin talks with the developer, using the existing document and then bring information from the negotiations back to Council. Councilmember Holden said prices have really increased recently. Bob Lux of Alatus had planned to purchase things off the shelf and she thinks it's important to determine if the City wants a park dedication fee. If Bob Lux is saving a million dollars on park equipment. That may be the difference between something extra special the park could have if he paid the park dedication fee, instead of purchasing the equipment. Mayor Grant noted the build -out cost of the project is around $700 million. If there were a 10% park dedication fee included that would be $70 million. He estimates the creation of the parks would be approximately $20 million. Stacie Kvilvang said the park dedication is not a percentage it is calculated per residential unit and on the commercial side the park dedication is based on a percentage of the land value, not the value of the development value. The Council picked the amenities and equipment they wanted for the parks and those are outlined in the Park MOU. That was priced out by the City's consultants and the amount was $16 million. The park dedication fees were sized to pay for that. Today's cost could be higher, but Bob Lux is going to pay for it, no matter what it is. It will be important for Council to look at the parks' uses outlined in the MOU drafted eight years ago. Mayor Grant said we may have tennis courts in there and maybe pickleball courts are more appropriate now. He asked what the land value is. Stacie Kvilvang thought $63 million, not including the commercial land. Councilmember Monson asked about the process. Does Council want to have the work sessions and then go to negotiations or have the JDA representatives begin negotiations and come back to a work session with information. Councilmember Fabel said beginning negotiations and bringing the information back would give Council something concrete to deal with at the work sessions. Councilmember Rousseau prefers for Council to get together to discuss where the focus should be. She is fine with the JDA representatives bringing those discussion points to the developer and the county. It has been hard to get everyone together for meetings in the past. If coordinating a ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 6 work session proves to be difficult, it might change her view. She would like to shoot for the third Monday of the month and establish a schedule, that would be great. Councilmember Holden asked how long it took to arrange the meeting tonight. It didn't take a year. Interim City Administrator Jagoe thought it was September. Councilmember Rousseau said there is an issue with the code of conduct for committees that was identified in January and the discussion still has not happened. In April or May the City Administrator requested one, as well. There is a pattern. Councilmember Holden said Council had the opportunity to move that item to a work session and no one did. Mayor Grant said Council needs to focus on getting it done, not on what has happened in the past. Councilmember Monson said for scheduling work sessions, she's looking at the list, it can probably be split in half and schedule two work sessions in October and early November. If the desire is to do a work session prior to negotiations, she would want a weekly cadence starting next week. The developer is keen on having discussions on the Term Sheet. Mayor Grant thinks it needs to be faster than that. He thinks it should be no more than two work sessions and the procedure for the negotiations needs to be decided. Councilmember Fabel thinks the first meeting with Bob Lux won't necessarily be a give and take, it will be more of a touch base to determine where we start from. He thinks there should be a meeting with the developer to determine where we are. Mayor Grant reminded the Term Sheet is only an agreement between the City and Bob Lux. The County is not included but the County has requested that we take this step so the process can move forward. Councilmember Holden said Council needs to know what the priorities are going to be. Is it the civic site or the pocket parks or something else? The negotiators need to know what the City's priorities are. They aren't all equal in her mind. Discussion ensued regarding how many work session meetings are needed and how often. Stacie Kvilvang said nothing has changed. The developer and the County want to know if this Council still wants the things that are on the current Term Sheet. The big discussion is going to be TIF because that changes with the financials. Councilmember Monson thinks it is clear that what is in the Term Sheet is not going to change and she agrees that the larger discussion will be surrounding TIF and what will that mean for all the other pieces. Costs have gone up. Overall, she doesn't know why anything would change in terms of the core goal. She thinks it would be valuable to have a separate discussion regarding the ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 7 Parks MOU. She thinks the reaffirmation should be pretty quick because everything is pretty well ironed out. Mayor Grant asked if someone should sit down with Bob Lux and ask him where he is with this. Councilmember Fabel said he is prepared to do that. Councilmember Holden said Interim City Administrator Jagoe could do that. She still thinks Council needs to look closer at the parks and rec stuff. Mayor Grant said it behooves us to be prepared with what we want prior to sitting down with Bob Lux. Councilmember Rousseau would like to set up several weeks in a row where a work session is scheduled. If the meetings are not needed they could be cancelled. She will make room for this in her schedule. Councilmember Fabel thinks many of the parks elements will continue to evolve. Mayor Grant thinks we want to go in with what we want and put it on the table. Councilmember Holden a lot of the things that get changed, may affect Public Works. It could add another half position. She doesn't know if the amphitheater is still in there, she doesn't know if a lot of the previous promises are in there and who's paying for it. Stacie Kvilvang said if it was in the MOU, it's in there. Bob Lux is paying for that. That is part of their special service district that will help pay for the maintenance. Interim City Administrator Jagoe agrees the regular meeting cadence will help with scheduling. She asked Kori Land for availability. She has some commitments in place on some Monday, Tuesday and Wednesday nights. Kori Land is available every Thursday. She thinks it's important that Kori Land and Stacie Kvilvang be involved in these work sessions. Councilmember Monson would like to propose Thursdays, starting on October 24tn Mayor Grant personally is not looking at every week. Councilmember Monson said we don't have time to wait. Councilmember Rousseau would like to schedule a work session every week and if it is not needed, it can be cancelled. Councilmember Holden can't do anything until after November 6tn Mayor Grant suggested Thursday, November 7tn Councilmember Rousseau said that's getting into November, with Thanksgiving and she would rather start on October 24tn ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 8 Mayor Grant said that Councilmember Holden has said she is not available due to a surgery that needs to take place so that's not an option. Councilmember Monson said if we can't schedule the work sessions to have the discussions in a timely manner, she would prefer the two JDA representatives negotiate with Bob Lux and then come back to the Council with that information. She would rather do the work sessions but she believes they have to be now. She thinks time is of the essence. Councilmember Holden asked how time is of the essence within two weeks when the County and the Developer don't even have an agreement yet. Stacie Kvilvang said they are negotiating. Councilmember Holden said yes, they are negotiating but that could take another six months. Stacie Kvilvang doesn't think it will be six months. They are going back and forth between their legal departments. The big things Bob Lux wants to know the planning fees. That's non- negotiable at this point, the $1 million was decided. The civic site is the other big one. If Council wishes to keep that or not. It is in there right now and if Council chooses to remove it later, that is another discussion, but for right now we have it. Councilmember Holden said the problem with the civic center was all the strings that were going to be attached. The negotiators need to know that. There was a requirement for a YMCA and it had to be built to look a certain way. Stacie Kvilvang the YMCA is not a requirement and there was not that it had certain aesthetic standards. It is the City's civic space. If the City decided not to keep it there was a buy-back option because the County was giving that to the City for $1. Mayor Grant said that was taken out. In the Term Sheet there was nothing saying the developer gets it back. Councilmember Holden said that's because he only gave us 2 years to build something and we're just bonding for the water. Stacie Kvilvang said the essence is if the City wants to keep it. Is it important and what does that look like. Mayor Grant remembers there were strings attached and he didn't sign the MOU. Then in 2022 the MOU is created and it's referenced in the Term Sheet. There was nothing saying the developer gets it back if it's not used. Councilmember Monson supports holding the civic space. The exact use doesn't need to be decided today. She supports keeping that in there and reviewing the options in the agreement and make sure it looks good, doesn't have strings and we'll know the timeline so we can figure out what to do with it. Mayor Grant he thinks an inquiry to the City Attorney about whether it can be held by the EDA, instead of the City. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 9 Stacie Kvilvang said there would be more restrictions if it's held by the EDA because that's for economic development purposes and you have a shorter time that you can legally hold it. If it's going to be a civic parcel, it makes sense to leave it with the city. Mayor Grant said the parks are owned by Alatus. Stacie Kvilvang said the neighborhood parks are. The big central park is City -owned but the developer has to pay for the maintenance. Councilmember Monson wanted to discuss the process and scheduling with the few minutes left in the meeting. Mayor Grant thought Council was making good progress. Councilmember Monson said this is good information but it would be nice to schedule the work sessions. If that is not what the Council can do, she would support having the JDA reps negotiate with Bob Lux and come back. Councilmember Fabel asked if Mayor Grant is okay with the JDA reps having the discussion with Bob Lux and come back to discuss the existing agreement and what revisions are there and what needs more work. Mayor Grant is leery because at one point one councilmember was frustrated with what was given to the developer and characterized it as "we gave you everything" and was upset that certain parties wanted more. Councilmember Fabel said it would come back to Council. Mayor Grant thought asking the developer at a 40,000 foot view, without getting into changing numbers or changing other things. He doesn't have an issue with asking Bob Lux his thoughts on the terms of the old Term Sheet and if anything gives him heartburn. Councilmember Fabel would like to know the same thing from Mayor Grant. Mayor Grant said most of the Term Sheet is good. There are some numbers, dwelling units and affordability. He thinks TIF was addressed; he thinks that's too high. Councilmember Monson asked if it's too high now. This is what was agreed upon in 2022. She asked if it was too high now. Mayor Grant has heard comments made that TIF is off the table. Councilmember Monson asked who said TIF is off the table. Mayor Grant thought Councilmember Fabel said that at one time. Councilmember Fabel never said it was off the table. He said it hasn't been brought to Council as a major piece to finance the development. We aren't going to be the banker. There is a ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 10 provision in there that the TIF would be assisted with the parking in the town center. He assumes Bob Lux is probably still anticipating that TIF will be used for that. Councilmember Monson said Councilmember Fabel said no TIF spending to cover the mass grading. Mayor Grant said he had taken that as a more global off -the -table. He said in an ideal world all five members would be available for these discussions. One member has a medical thing. He asked Councilmember Holden what her first available day is. Was it November 6t'. Councilmember Holden said that would be the first Thursday. She feels it has been made clear it doesn't matter if she's here or not so what's the difference? Councilmember Monson refuted that. She said she would like to do these work session meetings in the next two weeks, which is her preference. If that is not possible, option B would be to have the JDA reps go negotiate with Bob Lux and come back with the items. She wants to be clear, she is not saying she wants to have meetings without Councilmember Holden. She would prefer to have everyone there. There is a timeline. The JDA reps can go to the meeting and come back to Council and get everyone's opinion. Staff can also, reach out and talk to everyone individually. Councilmember Holden said it amazes her that now we only have weeks to do this. She has been trying to get the Council to talk about TIF for two years. She kept asking to have it on the agenda to clarify the City's position. That hasn't happened. Now all of a sudden we have to do it in two weeks. We've had 18 months to talk about what the City's position is. Every time she tried to put it on the agenda it was taken off. Councilmember Monson said we have not been able to discuss anything related to the Term Sheet until the mass grading financing was resolved. That has been publicly clear for a very long time. We had months where the JDA did not meet because that solution had not come to the table. That solution has now been proposed. It is in the purchase agreement. Mayor Grant asked what the solution is. Councilmember Monson said the County is going to fund it. She doesn't know the terms. Now that it is part of the purchase agreement, we have to talk about the Term Sheet. We have the pieces so they can confirm the civic site and the planning fees. That all ties back to the Term Sheet where the core issue is the TIF. There was no discussion on the TIF in the past because it was not the time to do it. Council could have talked about it but it would have been worthless because the project didn't have a pathway forward. Councilmember Fabel said as a lawyer, he appreciates precedence and efficiency. He looks at the memorandum that states as part of the 2022 Term Sheet "there were two councilmembers who are leading that process with approvals being brought to the full council and if the Council were to follow the same approach, it may provide a timelier advancement of the discussion". There is a clear precedent. That process resulted in the 2022 Term Sheet which was satisfactory to the entire council, at the time. Mayor Grant said that took nine months. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 11 Councilmember Fabel said it was done and it resulted in a significant agreement. This is a well thought out City position, not a blank slate. He suggests the precent is this agreement started with two people, not the full five. Mayor Grant said it has been discussed that that isn't true. Councilmember Fabel said the memo said it's true. Mayor Grant said according to Interim City Administrator Jagoe that's what happened. If the former City Administrator wrote the memo he would have outlined there were substitutions over the course of time. Councilmember Fabel said the good thing about two is it's easier to schedule. He suggested the precedent be followed and as soon as the work sessions can be scheduled, when everyone can participate, they will come back to discuss the details. Stacie Kvilvang suggested it may be best to go back to Alatus and ask them to redline the Term Sheet. Then we have a starting point. It would be nice to have Kori Land involved but she suggested Council figure out a day that works for Councilmember Holden and get it on the schedule. Stacie Kvilvang said she can contact Bob Lux tomorrow and ask him to redline it and get it back to us by the end of the week. Mayor Grant doesn't have a problem with the developer redlining the document. Interim City Administrator Jagoe said if Council is comfortable without Kori Land attending, we can work around that to find a pathway forward. Mayor Grant said the caveat is that whatever he redlines, hasn't been discussed. It's not final. Stacie Kvilvang said that's when it will be brought back to the work session to discuss any changes. She doesn't think there will be a lot of changes. Councilmember Rousseau asked Councilmember Holden what day she would be available. Councilmember Holden said November 7th, tomorrow and Thursday. Mayor Grant recommended everyone pencil in November 7th Councilmember Holden said we can do November 4th or November 5th, November 6th , November 7th . She wondered why the City Attorney for TCAAP isn't available for us very often. Interim City Administrator Jagoe said she is available but she has some prior evening commitments where she would be available on the same day every week, except Thursdays. If there were to be a weekly cadence, Thursday would be wide open for her. She has availability Mondays, Tuesdays and Wednesdays but prior commitments make it difficult to coordinate the same day every week. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 12 Mayor Grant directed to have Bob Lux redline the Term Sheet with the understanding that Council hasn't taken any position on any of it. He asked how TIF was reflected on the spreadsheet. Stacie Kvilvang said TIF is reflected over 15 years, which is a lesser amount. The change is due to changes in rates, values and a higher interest rate. Mayor Grant asked if there was ever discussion of $10 million worth of TIF. Stacie Kvilvang said that was mentioned in the original negotiations. Councilmember Rousseau said the work session was supposed to be an hour. She said since there are three weeks before all councilmembers can meet, she supports sending the term sheet to Bob Lux and have the JDA reps start meeting with him and begin negotiations. Then meet on the 7th for a Special Work Session. Mayor Grant thought it should come back to Council for input. Councilmember Rousseau thinks that something will come up again and again and again. Scheduling meetings has been an issue with this Council. Mayor Grant thought there was a path forward after Bob Lux redlines the term sheet. Council should pencil in November 7th for the Special Work Session. Councilmember Monson agrees with Councilmember Rousseau to get the redline and then the JDA reps can talk to the developer about it, without committing to anything. Then the financial information will be available to discuss on November 7th Mayor Grant said it would be the first proposal to Bob Lux. Councilmember Monson thinks there need to be discussions before November 7th. Councilmember Holden said this all had to wait until now and now we're on the County's deadline. Mayor Grant said it always goes slow, until it goes fast. He would prefer to give input to the negotiators before they meet with Bob Lux. If input is not wanted, he asked what are we even doing? Councilmember Monson said as the JDA rep, she would love input. But there is no opportunity for that for three weeks. When the redline document comes back, maybe it's not a counter. It might just be a conversation with him to gather information that would be helpful for a counter that will be discussed on the 7th Councilmember Fabel said Council can get a better understanding of where things might go. Mayor Grant said we might find out that the County goes back and forth with Bob Lux for five weeks. ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — OCTOBER 15, 2024 13 Councilmember Fabel said what we know right now is there was supposed to be a closed session at the county but that didn't occur because they didn't receive a response from Bob Lux. Mayor Grant said we don't want to hurry needlessly. Councilmember Rousseau said she has a time commitment and understood the meeting would be done at 6:30. Mayor Grant said the meeting can be done. Council has agreed to have Bob Lux redline the document and bring it back. Councilmember Rousseau said she is in favor of the JDA members beginning to have the conversations that need to take place. Councilmember Monson said she thinks Council has agreed to have Bob Lux redline the document. The JDA reps will be looking at and preparing all the information to prepare for a counter and bring all that information to the meeting on the 7th. No counter will be made before then. She asked if Council was okay with that. Councilmember Holden said it's already three who want that, so let's go home. She didn't know it was going to be an hour meeting. Mayor Grant said it has been an hour. Council should look for the redlined document and prepare to discuss the counter on November 7th 4. COUNCIL COMMENTS AND STAFF UPDATES None. ADJOURN Mayor Grant adjourned the City Council Special Work Session at 6:33 p.m. Jennifer Estling David Grant Deputy Clerk Mayor M� -ARDEN HILLS Approved: November 12, 2024 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION OCTOBER 28, 2024 5:30 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 City Council Work Session at 5:30 p.m. Present: Mayor David Grant, Councilmembers Tom Fabel, Brenda Holden, Tena Monson and Emily Rousseau and Planning Commissioners Kurtis Weber, Arlene Mitchell, Brad Bjorklund, Steve Erler, and Ben Lindau Absent: None Also present: Interim City Administrator Jessica Jagoe; Public Works Director/City Engineer David Swearingen; and Assistant to the City Administrator/City Clerk Julie Hanson 1. PUBLIC INQUIRIES/INFORMATIONAL None. 2. RESPONSE TO PUBLIC INQUIRIES None. 3. AGENDA ITEMS A. Zoning and Subdivision Ordinance Review Discussion Mayor Grant introduced Jason Zimmerman and Rita Trapp, from HKGi. Jason Zimmerman also introduced Kendra Ellner and outlined that over the past five months, HKGi has been working to understand and diagnose the issues within the zoning and subdivision codes for the City of Arden Hills in advance of recommending updates to the City Council for consideration. Having completed the first two phases of the four -phase project, HKGi is prepared to share the preliminary findings with the City Council and Planning Commission in order to receive feedback on the diagnosis and discuss potential solutions. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 2 Jason Zimmerman said as part of Phase 1, HKGi provided an introduction and overview to the City Council at a work session; met with City staff to discuss their recent experiences working with the zoning code; toured the city; and reviewed plans, studies, and documents related to zoning and development. This provided the consultants with an understanding of the structure and application of the existing zoning and subdivision regulations. In Phase 2, HGKi mapped the zoning districts to help assess their consistency with the adopted land use plan; reviewed the existing zoning code; and evaluated the overall structure and organization. Members of the City Council and Planning Commission were provided an opportunity to take an online survey to share their thoughts about the current code and issues related to development. The City of Arden Hills sought a review and update of the zoning and subdivision chapters of its City Code to remove inconsistencies, improve formatting, review standards, insert illustrative graphics, and explore new ideas and City Council priorities for inclusion. Upon evaluation, HKGi identified eight areas to be addressed as part of the update project: 1. Restructure code for better access to information. 2. Simplify code for ease of use: remove repetitive language, add illustrations, create tables in place of text, etc. 3. Address missing or dated provisions. 4. Eliminate infrequently used zoning districts and consolidate similar ones. 5. Modify site dimension standards to reduce common variance requests. 6. Add options to address a lack of missing middle housing. 7. Incorporate standards to respond to new trends and technologies such as EV charging, reduced parking requirements, sustainable and resilient design and construction, etc. 8. Streamline processes for review of land use development proposals. Kendra Ellner said the current structure of the zoning chapter has become less organized and more challenging to work with as it has been amended over time. Similar types of information are segregated into different sections of the code, and a lack of hierarchy makes finding requirements quickly difficult. An Appendix contains specific procedures and application requirements for various land use approvals. The Subdivision Chapter contains six sections and is generally well - structured. HGKi recommends creating new sections specifically to cover Park Dedication and Definitions so that this information can be found more quickly and easily by City staff and the public. The Zoning chapter contains 16 sections, and there is a lack of organization or hierarchy. HKGi recommends rearranging the order to allow the code to logically build from the base districts up through the more detailed aspects of use and performance standards, ending with administration and procedures. Definitions should be in its own section for easier reference. The update will not address or modify the newer Section 1380, which covers the TCAAP Redevelopment Code. Throughout the subdivision and zoning chapters, language is repeated in different sections, adding to the length of the text and de-emphasizing the important information that may be buried within other standards. The codes lack simple and effective illustrations and tables that can also help reduce the amount of text used to describe various requirements. Information that is currently provided as text may be better shared through tables or charts. All these changes make the codes ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 3 easier to access and understand by the public. There are several specific topics that should be reviewed and then potentially updated or added to reflect changes to state statutes, model ordinances, or best practices, including addressing and wireless uses. As part of the update, the code will be assessed for compliance in each of these areas. Jason Zimmerman recommended eliminating or Consolidating Zoning Districts. To gain understanding of the City's zoning practices, HKGi examined the 17 base zoning districts, as well as the Planned Unit Development overlay district. At 17, Arden Hills has considerably more base districts than many peer communities in the Twin Cities metro area. At least two base districts are so little utilized that they could be eliminated with very little code adjustment. Two other districts are similar in their function and location, and there is considerable overlap in the purpose statements for both. This suggests that they could potentially be combined, allowed for a more clearly defined use and further reducing the large number of base districts. Regardless, the purpose statements for all of the districts should be revisited and adjusted to ensure clarity and alignment with current usage. Note that the newer zoning districts created as part of the TCAAP Redevelopment Code are not included in the update project and therefore were not evaluated. The zoning chapter contains a detailed District Requirements Chart that documents a wide range of standards for all the base zoning districts. City staff have indicated that there have been numerous variance requests related to the Side Yard Corner setbacks for single family homes, and that modifications to this standard should be considered. HKGi will work to determine if other yard requirements should be updated. In addition, there are a few overlapping standards that either conflict or create potential redundancies in what they purport to control. One example is Floor Area Ratio (FAR), which limits the amount of a building's total floor area in relation to the lot on which it is built. The same restrictions can be achieved through a combination of setbacks, height limits, and maximum lot coverage. A second example is the use of a maximum density figure (which is also established in the Comprehensive Plan). This standard is also regulated through minimum lot width and depth, minimum lot area, and minimum lot area per dwelling unit. Using these standards sets up the potential for competing calculations and additional challenges for those trying to understand and apply the City's regulations. Kendra Ellner said Arden Hills is facing pressures around housing and the lack of options in housing types, including affordable options. At least three goals from two chapters of the 2040 Comprehensive Plan call out the need for new approaches to housing. The existing Land Use Chart is limited in the types of housing that are defined and permitted. It also limits the districts in which housing that is more intense than one- or two-family dwellings is allowed. Expanding the number of housing types and the districts in which they are permitted would help address this issue, as identified in some responses to the survey taken by members of the City Council and Planning Commission. As part of the request for proposals for the code update project, the City's asked for recommendations on land use or development standards that are missing from the current ordinances or that should be modernized to reflect new market trends and technologies. Items such as planning for electric vehicles, revisiting existing minimum parking requirements, considering complete streets policies, and embracing sustainable/green construction practices have been identified. HKGi is looking to the City for direction on prioritization and the addition of any other topics for investigation. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 4 Jason Zimmerman said Arden Hills utilizes a Land Use Chart to document which uses are allowed in each zoning district, and to indicated if they are permitted by right, permitted conditionally through a Conditional Use Permit (CUP), permitted through a Planned Unit Development (PUD) process, permitted on an interim basis, or prohibited. A high number of uses (58%) are only allowed after they have received a CUP. In addition to creating barriers to development by adding time, money, and procedures to the approval process, the potential to have the City deny a CUP request upon the conclusion of the process may make some applicants reluctant to seek approval, thereby stifling investment. Adjusting the way in which uses are permitted — moving from "permitted conditionally" to "permitted with standards" or even simply to "permitted" — would help streamline the process for those seeking permits, for City staff, and for the members of the Planning Commission and City Council. To further complicate matters, the specific special requirements for up to ten zoning districts require land use applications for many uses to be reviewed through a CUP or PUD process (or both), even though the Land Use Chart indicates many uses are permitted by right. The discrepancies between the text and the chart should be rectified for the sake of clarity and, if possible, the additional layers of review and approval reduced for many of the reasons noted above. For many types of land use applications, the City follows a review process that involves a required public hearing with the Planning Commission and provides an option to hold a second public hearing with the City Council. This is inconsistent with most communities in the Twin Cities which only hold one public hearing (usually with the Planning Commission). The optional second hearing can add time and cost for the applicant, City staff, and elected officials — especially if it is used frequently. A more efficient and common approach would be to limit the public hearing to the Planning Commission only and rely on that testimony, findings, and recommendations when the City Council considers approval. The City Council can still accept public testimony if it chose at the public meeting. Jason Zimmerman outlined next steps. Following the Joint Meeting, work will begin on more closely examining and drafting new sections of code. Three work sessions with the Planning Commission are scheduled for the first half of 2025. At each, HKGi will share specific questions and work through potential changes to the code language. HKGi will provide updates to the City Council after each meeting. Initially, City staff had expressed interest in pursuing a set of "minor updates" to the code that would address inconsistencies and organization during the first half of the project. While HKGi has identified many of these issues and can point to how they will be resolved, the time and effort needed to bring these items forward for review and approval would likely be an inefficient use of resources — especially considering that the adjustments needed to address the "major updates" that have been identified would require many of these same parts of code to be modified again later in the year. Therefore, HKGi recommends identifying these minor updates but waiting to implement them in conjunction with the other code amendments HKGi will present details related to the information above at the Joint Meeting and then look for confirmation from the City Council and Planning Commission regarding the issues that should be addressed as part of the project. Any topics that the City feels should not be addressed — or any that HKGi has missed and should be included — will be discussed. Councilmember Holden referenced a slide for residential units. She thought some apartments were missing ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 Jason Zimmerman said it could be a different zoning category. It could be a residential use but is not zoned that way. Interim City Administrator Jagoe said she verified that Park Shore should have been R-4 and there may be an error on the GSI file. She explained that New Perspectives and E Street Flats fall under the commercial zoning district which allows high density residential through CUP. Councilmember Holden said it would be nice to know. She wondered if they should be in a different zone. Interim City Administrator Jagoe said she will find a way to identify those that fall under a commercial zone but have a residential piece. Jason Zimmerman said there is a difference between being zoned as residential and being used for residential. He will find a way to demonstrate both. Councilmember Holden said she heard during the presentation there is a lot of open space. She wondered if we know how much of that belongs to the city, the county or the state. Jason Zimmerman said he can pull that information. Councilmember Holden asked if residential facilities is considered group homes. Jason Zimmerman confirmed. She wondered if it matters how many people live in the home. She knows the state has certain criteria. Jason Zimmerman said it's either allowed by right or by conditional use permit and depends on zone. That is one of the things that will be reviewed. They will make sure that what is in code matches State statute. Councilmember Holden asked how much land in Arden Hills is open and is developable. Jason Zimmerman doesn't remember seeing anything on vacant land. Parcels wouldn't be zoned vacant. Interim City Administrator Jagoe said there is a chart in the Comprehensive Plan that show the undeveloped land acreage. Councilmember Holden said the civic area was written that way with the intent of the National Guard to purchase it. They own it for 99 years. The idea is to use the Ben Franklin Center for civic uses. Commissioner Mitchell said there is a difference between 20 undeveloped acres and a single infill lot. She asked if the inventory will include all development opportunities. Mayor Grant said some of that will be harder to delineate. Commissioner Mitchell thinks the empty infill lots should be included. She said looking at the county tax records, a developed lot has a land value and building value. If there is no building value, that implies an undeveloped parcel. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 6 Rita Trapp said it's interesting information that would go beyond the scope of what their focus is. Mayor Grant said there isn't a lot of undeveloped land, with the obvious exception of TCAAP. He sees people wanting to add a stall on the garage, add a deck or expand the house. Those are the types of projects that go before the planning commission. Simplifying that process and the code will make things easier. He likes the idea of creating tables to replace lengthy text. He thinks it will simplify the process. It will make things easier for staff and developers. Ben Lindau asked if there are any sections in the Comprehensive Plan that guide the land use for the overall zoning that should be looked at. Jason Zimmerman said they mapped the land use in the comp plan compared to zoning to see if there were any discrepancies. There are a handful of them. Those are the areas they will be looking at to determine why there is a mis-match. Ben Lindau asked when the comp plan will be reviewed again. Jason Zimmerman said five years; it is a 10 year window but we're halfway through. Interim City Administrator Jagoe said discussions will probably start in 2027 for a renewal in 2028. Councilmember Rousseau thought the information was good. These are things residents have said they were looking for. She is happy Accessory Dwelling Units (ADUs) are in there. She asked if short term rentals would be included in this scope. Jason Zimmerman said short term rentals is a use and cities determine how they want to regulate it. It gets into licensing issues and zoning regulations. That is a topic they have tackled in other cities. Rita Trapp said it would be helpful to know if the preference is to allow it or prohibit. They have done it both ways for other cities. Councilmember Rousseau said she would like to encourage home ownership, and not allow someone to purchase a bunch of properties for short term rentals. Councilmember Rousseau asked about HOAs. She has heard excessive restrictive fines that could push people out of their homes. She also hears there could be opportunities where finance companies are coming in and sell your home for unpaid dues. She wonders if that is inside the scope of this review. Jason Zimmerman said that is not typically a zoning issue. It's a private issue. Rita Trapp said HOAs are private and you enter into it so it's not something cities typically get involved with. They could be part of a PUD where the city says there must be one as part of a development. Cities don't typically limit what can be in there. It's something to discuss with the City Attorney. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 7 Councilmember Rousseau would be interested in the City Attorney opinion on if it's something we should stay out of completely or if it's something to learn a little more about it. Councilmember Monson said she agrees with HKGi's diagnosis. She supports the suggestions to simplify the code and reduce the districts and reducing CUPs. She asked how you change the zoning that was maybe used in the 1950s. What are you looking for? Jason Zimmerman said the B-2 district is a good example. It has evolved. It started out being a business district and the last comp plan has is more like a mixed -use district. He thinks changing that to a mixed -use district would allow residential and commercial. It gives flexibility. Rita Trapp said traditional uses had a structure that outlined the district, the intent and all the uses that were allowed. Cities are moving towards less focus on the actual district and using use - specific standards. Increasing the number of uses allowed in a district is one way other communities have been modernizing their districts. It is unique to each community. Councilmember Monson is looking forward to the conversation. She understands the use doesn't' always match the zoning. She has questions about standards on home improvements. Not just variances, but she wonders why certain improvements require a licensed electrician. She wondered if they will be looking at that. Jason Zimmerman thinks that is building code. He said they are going to be looking at things to ask if they make sense. It's rare to have fewer regulations. So taking a pause and asking if there is a reason for the items that are in there. And if not, asking how to scale back to make it easier. Rita Trapp said some of the things they are looking at are asking if the building code addresses something. If it does, does it really need to be addressed in the zoning? They are learning where the standards exist and asking if it still makes sense. Commissioner Bjorklund asked about a slide that showed additional housing options. He asked what the word "typology" means. Kendra Ellner said the word means "options" or the "types" of housing. Commissioner Bjorklund thinks more things should be literally spelled out, instead of using abbreviations. He thinks members of the public won't understand. Councilmember Holden said a lot of work went into the TCAAP zoning to avoid issues. She wonders how neighborhoods will be maintained. She wants to make sure the standards used for that review are met with this review. She wants people to be looking forward to see their neighbors. Jason Zimmerman said that's a good point. If the City knows that is the goal, then it makes sense to structure the code as such. The code can be written so that it is clear what the standards are. Councilmember Fabel is curious how the Arden Hills code can be modified to address the missing middle housing. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 8 Kendra Ellner said they are looking at the land use table and the conversations will continue. She gave some examples of how the evaluation will help expand the housing options. Councilmember Fabel read that in California the bulk of new residential construction is additional homes on existing large lots. He wonders if that is something that would be possible in Minnesota. Jason Zimmerman said that is common where Accessory Dwelling Units (ADUs) are allowed. It lets people add extra units. Several communities HKGi works with want to have the option for additional units. It doesn't make sense in every district. There is a way to allow that on a lot of a certain size that won't disrupt the community. Rita Trapp noted that in California, it's a state mandate that every city has to allow them. They are called Junior Suites. The price of land is so high that the economics make sense. In Minnesota, it's not the same. It is a nice option for Minnesota but it isn't driven by the economics like it is in California. Mayor Grant wondered if town homes are included in that missing middle. Rita Trapp confirmed. He pointed out Arden Hills has a lot of cul-de-sacs. He thinks corner lot issues come up quite often. Commissioner Lindau thinks the highest impact will be changing a single family home to something else like townhomes. He recommends we get more comparable community information on that. Rita Trapp said usually the changes are very incremental. This is a conversation. Typically R-I will have a few changes and R-2 and R-3 change a little more. Recognizing the single family neighborhood. Mayor Grant said we aren't talking about knocking down a single family home and building a multi-plex in an R-I zone. Maybe a duplex but he thinks the City is pretty built out. Rita Trapp said they will be providing more background. Even if it is duplexes, what does that mean? They have asked how many lots there are of different sizes. That helps understand is it even possible. Mayor Grant said something else to keep in mind is Arden Hills, has hills. There are wetlands, railroads, highways and a lot of irregular shaped lots. An acre lot may not have an acre of buildable land. Councilmember Holden said the City has worked hard to get our roads in excellent condition. The ADUs have to be hooked up to sewer and water. She wondered how we learn if we have the capacity to sustain that. How much damage will be done to the pipes and the roads. How will that change the sight lines? Jason Zimmerman said one city they worked with require ADU plumbing to go through the main house so it doesn't affect the streets. When it comes to sight lines. People often think of ADUs as a separate structure. It can be part of the main structure. It doesn't have to be a new structure. The standards can be built in however the City decides to do it. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 9 Councilmember Monson thinks the ADU discussion may be it's own project. She hopes it is clear to the public how these will work. Jason Zimmerman said space can be created to leave room for further discussion on that topic. Councilmember Holden said there are a number of houses that share the same sewer line. That didn't change until the 80s. That would further complicate shoving another unit on a property. Mayor Grant said a good portion of Arden Hills was built before the 80s. There was a building boom in Arden Hills from the 80s forward. Councilmember Holden said she shares a sewer line and it's not pleasant. She can't imagine adding another household to that. Interim City Administrator Jagoe summarized that Council would like to see some of the data and look at getting public feedback regarding ADUs and discuss where that might fit in the code. That is a discussion that Council can come back to. She wondered if these standards should be a part of this discussion. Jason Zimmerman said it doesn't hurt to ask the question as they are doing outreach. They can gauge the level of interest without getting into all the details right now. Councilmember Holden would like Council to discuss it first. Councilmember Monson thinks getting information is fine knowing Council will talk about it. She thinks HKGi has done this enough that they can help guide the discussion. Councilmember Rousseau is interested in getting more information. She likes the idea of residents being able to do it as an extension of their house. She is apprehensive about putting them in the front yard. Kendra Ellner said there is a lot of information out there. The Pacific Northwest has been doing these for a while. AARP has done a lot of great work to create a draft ordinance. They can go through and identify some of the areas where it might be applicable for Arden Hills. Jason Zimmerman said he has a lot of information he can pass on to Interim City Administrator Jagoe she can pass the information on to Council. Councilmember Holden would like to see the state laws. B. Rice Creek Commons/TCAAP Discussion This item will be discussed at the November 7th Special Work Session. Staff has requested the developer Alatus to redline the 2022 term sheet. The draft agreements will be discussed at the November 7th meeting. Mayor Grant asked if the Council will still meet if we have not heard back from the developer. It would be a difficult meeting without that information. ARDEN HILLS CITY COUNCIL WORK SESSION — OCTOBER 28, 2024 10 Interim City Administrator Jagoe said in talking with Stacie Kvilvang, she thought she would have something this week. Councilmember Rousseau said even if there is nothing from the developer, she would like to meet and discuss the civic site and the park spaces. She wonders if everything can get done in one meeting. Mayor Grant said there is some value in discussing the water features and discuss expectations that aren't in that term sheet. Councilmember Monson agrees holding the meeting on November 7th. If the developer doesn't get back to Staff before that meeting, there are items to be discussed. Councilmember Holden said Council needs to look at the parks plan. We have added 500 units with no park in that area. Things are going to have to change. Even if he still accepts the parks memo, it's been changed. We aren't keeping pace with the changes. Mayor Grant said we established what we wanted for a number of parks in exchange for park dedication fees. Since that time the value of the project has gone up. He wonders if the value of the park agreement should go up, too. C. Agenda Planning Mayor Grant said Staff put together a list. The upcoming work session is pretty well planned. Councilmember Rousseau said she would like some time to discuss PTRC 2025 goals. She also wants to discuss potential park adoption programs. 4. COUNCIL COMMENTS AND STAFF UPDATES This item was not discussed ADJOURN Mayor Grant adjourned the City Council Work Session at 6:48 p.m. Jennifer Estling Deputy Clerk David Grant Mayor o -AR�ENHILLS Approved: November 12, 2024 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING OCTOBER 28, 2024 7:00 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 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; City Attorney Greta Bjerkness; Public Works Director/City Engineer David Swearingen; Finance Director Joua Yang; City Planning Consultant T.J. Hofer (WSB); and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Councilmember Monson requested Item 8K be pulled from the Consent Agenda for discussion as Item 9A. Councilmember Holden requested Item 8B be pulled from the Consent Agenda for discussion as Item 9B. MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as amended. The motion carried (5-0). 2. TCAAP/RICE CREEK COMMONS UPDATE Interim City Administrator Jagoe stated the Joint Development Authority has not met since the last Council meeting. The Energy Advisory Committee met last week and are finalizing a policy recommendation to implement the Green Energy Vision for the November JDA meeting. This recommendation is supported by the analysis described in the Green Energy Presentation that was presented to the JDA at their October 71h meeting as well as the Draft Sustainable Design Guidelines and the initial review of the LEED for Communities scorecard. The Energy Advisory ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 2 Committee recommendation and Green Energy Final Report will be brought forth to the JDA at their next regular meeting on Monday, November 41h. Ramsey County and Alatus have exchanged comments on the PSA drafted by the County Attorney, and County staff are continuing discussions with Alatus on negotiating the final terms of the PSA. There is a tentative closed session scheduled for the County Board on Tuesday, November 261h but it is dependent on discussions with the Developer. Also, the City Council will be holding another special work session on Thursday, November 7th at 5:30 PM for a Rice Creek Commons discussion on future agreements and development items. Councilmember Holden asked who requested building specs for Building 116. Interim City Administrator Jagoe explained she did not know who made this request, but noted she would look into this further. 3. PUBLIC INQUIRIES/INFORMATIONAL None. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director Swearingen stated New Brighton Road was a County road and would be completed by Ramsey County in 2026. He reported he had no further transportation update and requested this agenda item be removed from future agendas until next spring. The Council supported this recommendation. B. Elections Update Assistant to the City Administrator/City Clerk Hanson provided the Council with an update on the upcoming election. She reviewed the early voting hours and locations. She noted all voting on election day, Tuesday, November 5 would occur at polling places throughout the City of Arden Hills. 7. APPROVAL OF MINUTES A. October 14, 2024, City Council Work Session B. October 14, 2024, Regular City Council C. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 3 MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the October 14, 2024, City Council Work Session minutes and the October 14, 2024, Regular City Council meeting minutes as presented. The motion carried (5-0). 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll C. Motion to Approve Interim Policy Extension (Dress for Your Day and Flexible Scheduling) D. Motion to Approve North Suburban Access Corporation Professional and Technical Services Agreement E. Motion to Approve Resolution 2024-047 Appointing Eva Acosta to the Parks, Trails and Recreation Committee (PTRC) as a Youth Committee Member F. Motion to Approve Resolution 2024-048 Accepting Donation from the Arden Hills Foundation for the Flashlight Pumpkin Hunt 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 H. Motion to Approve Resolution 2024-049 Revoking CSAH Designation on New Brighton Road 1. Motion to Approve Contract for Water Services with the City of Roseville 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 K. Motion to A*ffier-ize Pufehase and installation of Playgr-ound Equipment at. Freeway Par4 and Pufehase of Additional Equipmei# for- Arden Oaks P L. Motion to Approve Payment No. 3 — Hydro-Klean, LLC — 2024 CIPP Lining Project MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to approve the Consent Calendar as amended and to authorize execution of all necessary documents contained therein. The motion carried (5-0 . 9. PULLED CONSENT ITEMS A. Motion to Authorize Purchase and Installation of Playground Equipment at Freeway Park and Purchase of Additional Equipment for Arden Oaks Park Councilmember Monson stated there was discussion around having one of the two parks slated for improvements in 2025 being more nature based. She explained this topic was discussed further by the Council during a work session and after reviewing plans, the Council learned the playground equipment was not nature -based but rather was nature themed. She commented further on how the parks master plan would assist with planning for future parks and park amenities, such as a nature -based playground. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 4 MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to Authorize Purchase and Installation of Playground Equipment at Freeway Park and Purchase of Additional Equipment for Arden Oaks Park. The motion carried (5-0). B. Motion to Approve 2024 3rd Quarter Financials Councilmember Holden reported the City receives its property tax payments from the County in April and October. She indicated the 3rd quarter financials only went through September 30. She stated the City's revenues would go up significantly in October once the City's second property tax payment was made by the County. Councilmember Monson asked if the City would have a revenue shortfall in 2024. Finance Director Yang commented there would be a revenue shortfall in 2024 due to a decrease in building permit revenues. She anticipated this amount would be $150,000 to $200,000. She explained after further forecasting she understood there would be some savings on the expenditure side, which would lead the City to be on budget through the end of the year. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Approve 2024 3rd Quarter Financials. The motion carried (5-0). 10. PUBLIC HEARINGS A. Ordinances for Implementation of Electric Franchise Fees and Renewal of Existing Electric and Gas Franchise Agreements Finance Director Yang stated 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. Finance Director Yang reported 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. . Finance Director Yang explained 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. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 5 Finance Director Yang indicated 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 nonresidential and non-profit organizations. Council's consensus was in favor of implementing electric franchise fees, to be directed towards the LJFD new station. Staff commented further on the franchise fee process. Finance Director Yang commented 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. Finance Director Yang stated 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, 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. Finance Director Yang reported 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 ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 6 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. Mayor Grant made a statement of clarification noting the City had not relied on building permit revenues as an additional funding source in the past. He explained building permit revenues were designed to cover the expense of the building inspections department and were not a revenue source for infrastructure. Councilmember Holden reported State law regulates the City should not bill permit fees more than is being used for inspection time. She commented on Slide 18, noting the fire department made a decision very quickly to purchase this property, when it became available in Arden Hills. She indicated the City paid cash for its portion of the land and did not have to bond. Mayor Grant commented the bonds that will be issued for the fire station will be less than the total value of the building. He stated this was because Arden Hills, Shoreview and North Oaks received $6.2 million from the State in funding for the fire station. He thanked the City of Shoreview for their efforts to receive this funding. Councilmember Fabel explained he has been the lone voice of opposition to the franchise fee. He commented on Page 2 it states the Council's consensus was to move forward with the franchise fee. He commented consensus was defined as group solidarity in sentiment and belief. He stated there was not solidarity in this group regarding franchise fees. He provided further discussion on the language within the memorandum noting the public service commission has authorized cities to impose a franchise fee on energy providers for utilization of public rights of way through a utility franchise agreement. He reported the agreement has nothing to do with the receipt of electrical services for citizens. He explained the authority the utility has to use rights of way is not predicated on the imposition of a franchise fee. Rather, an additional tax would be placed on property owners that was unrelated to electrical services. He understood franchise fees were a way to raise funds for infrastructure needs, but he objected to the imposition of franchise fees because it was not equitable. Mayor Grant stated 30%, or $800 million, of the value of development in Arden Hills is non- profit. Finance Director Yang reported this was correct. Mayor Grant commented if a property tax increase were approved by the Council instead of a franchise fee, there would be $800 million worth of property not contributing. Councilmember Holden indicated police and fire responded to all properties in Arden Hills. She believed paying an additional $3 per month was a good deal for these services. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 7 Mayor Grant explained he took part in the Partners in Energy (PiE) meeting last week. He stated in this meeting he learned the average manufactured home in Arden Manor pays $1,875 a year in energy costs and the average assistance offered was $550 per year. He noted additional resources are available to seniors. Councilmember Monson also commented on how the City was partnering with Xcel Energy on the PiE program to help provide additional energy reduction strategies in which the City's residents can participate in. She indicated there were specific programs geared towards manufactured home residents to assist with defraying energy costs. Mayor Grant reported all manufactured homeowners qualify for a free home energy audit. He was hopeful that as this program rolls out, those living in the manufactured home park could participate in this program. Mayor Grant opened the public hearing at 7:45 p.m. Steve Scott, 4286 Norma Avenue, explained a prior Council floated a notion of a franchise fee to cover unanticipated costs, but noted this was shouted down by the public. He commented franchise fees were already being charged for cable services in the City. He stated his preference was to defer the construction of the fire station until they have enough grant dollars in place. He commented further on how expensive it was to borrow money at this time. Gregg Larson, 3377 North Snelling Avenue, commented the City's survey of 73 residents was meaningless. He indicated this survey only reflected 1 % of eligible voters. He stated the vote before the Council was a deja vu, noting a franchise fee to fund parks was denied by the City Council in 2014. He reported Councilmember Holden and Mayor Grant opposed the previous franchise fee at that time and now they want them. He encouraged residents and voters to listen up. He was of the opinion the franchise fee was bad policy because this expense would be added or hidden into residents' monthly energy bills. He indicated this tax was regressive because all residents would be charged the same amount. He explained both AARP and the Chamber of Commerce opposed this tax. He reported this tax would not be tax deductible like a property tax increase would be and noted this would be a forever tax. He commented on how this tax would adversely impact non-profit properties. He encouraged the Council to raise revenue in a transparent manner and not through a hidden fee on an electric bill. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:52 p.m. B. Planning Case 24-016 — Planned Unit Development Amendment and Site Plan Review — Elegant Event Center — 3776 Connelly Avenue 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, 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 ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 8 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 reported 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. Consultant Planner Hofer explained 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. Consultant Planner Hofer reviewed Plan Evaluation in further detail with the Council and requested the Council hold a public hearing. Mayor Grant opened the public hearing at 7:58 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:59 p.m. 11. NEW BUSINESS 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 Finance Director Yang stated 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 majority was in favor of implementing electric franchise fees, to be directed towards the new Lake Johanna Fire ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 9 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. Finance Director Yang commented 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. Finance Director Yang reported 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. Staff reviewed a potential timeline for the franchise fee ordinance and recommended approval. Councilmember Fabel noted the proposed ordinance establishes the residential rate at $3.25 and staff presented a franchise fee of $3.00. Mayor Grant commented the final document will reflect the rate the Council approves. Councilmember Rousseau explained her interest in the proposed franchise fee was to distribute the public safety expense amongst all residents and businesses in the community. She reported she was interested in the franchise fee within Schedule A because it would have commercial properties paying an additional $10 or $20 per month versus residents. Councilmember Holden asked how many people completed the survey. Finance Director Yang reported 73 residents responded to the survey. Councilmember Holden commented one of the speakers asked that the City delay building the fire station. She explained the City has a contractual Joint Powers Agreement between Arden Hills, Shoreview and North Oaks, requires the fire station to be built in 2025. She asked how many non -profits were located in Arden Hills. Mayor Grant estimated there were close to 80 non -profits in Arden Hills. Councilmember Monson stated she supports the franchise fees. She understood it was an imperfect process, but the franchise fees would provide the right outcome. She indicated the City has held public hearings and has written about the franchise fee within the Arden Hills Notes. She indicated the City was not trying to hide the fees from the public, but rather was trying to mitigate the concerns. She reported if the City were to levy for this, the City would have an additional 8% ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 10 levy increase. She stated the City has funding from the State that has a timeline and she did not want to see the City miss out on the $6 million in grant funding if the project were pushed out. She commented further on how project costs would only continue to increase if the project were pushed out into the future. Mayor Grant explained this fee would run for 15 years and some Council in the future would make a decision about the franchise fee. He reported everyone in the community would pay equally for this fee. He was hopeful that the PiE program would be able to offer assistance to those living within the mobile home community. He stated when considering the fairness, he stated all people in the community who use the fire department would be collectively paying for the fire department. He indicated he would support this franchise fee so long as a specific fund was set up for all franchise fees. He explained he was uncertain what the interest rate would be for the bonds, but he hoped the franchise fees would assist with paying off the bonds early. He stated he did not recall how he voted on a franchise fee in the past, but noted with this franchise fee, the City had a public safety need and these funds would be dedicated to a specific purpose. Councilmember Monson stated she could support Option A4 moving forward. Mayor Grant reported he supported Option A4 as well. MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Adopt Ordinance 2024-012 for implementation of Electric Franchise Fee Ordinance, based on Option A4, which includes a residential rate of $3 per month, small commercial and industrial at $22 per month and lame commercial and industrial at $329 per month and authorize publication of a Summary Ordinance of 2024-012; and to Adopt Ordinance 2024-013 renewal of Electric Franchise Agreement Ordinance with Northern States Power and authorize publication of a Summary Ordinance of 2024-013. A roll call vote was taken. The motion carried (4-1 Councilmember Fabel opposed). MOTION: Councilmember Holden moved and Councilmember Monson seconded a motion to Adopt Ordinance 2024-014 for renewal of Gas Franchise Agreement Ordinance with Northern States Power and authorize publication of a Summary Ordinance of 2024-014. The motion carried (5-0). Mayor Grant explained this Ordinance was necessary to allow both the gas and electric franchise agreements with Northern States Power to expire at the same time (15 years from now). He reiterated that no franchise fee would be charged for gas services. Councilmember Monson reported for clarification that every City has a franchise agreement in place with gas and electric service providers. The motion carried 4-1 (Councilmember Fabel opposed). ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 11 B. Resolution 2024-050 Approving a Planned Unit Development Amendment and Site Plan Review — Elegant Event Center — 3776 Connelly Avenue 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, 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. Consultant Planner Hofer explained 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. Consultant Planner Hofer commented further on the request and offered the following Findings of Fact: 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. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 12 Consultant Planner Hofer reported 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 with 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. Councilmember Monson stated she would be supporting this request. Councilmember Holden indicated she would be supporting this request as well. She commented on how she appreciated the fact the applicant would be renovating this space while bringing a new business into the community. MOTION: Councilmember Holden moved and Councilmember Rousseau seconded a motion to approve 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, based on the findings of fact and submitted plans, and the four conditions in the October 28, 2024, Report to the City Council. Councilmember Rousseau thanked the applicant for her interest in this property. She stated she was very excited for this new business and encouraged the applicant to engage with the Gateway Business Bureau. The motion carried (5-0). 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Rousseau welcomed youth commissioner Eva Acosta to the PTRC. Councilmember Rousseau explained on Friday, Councilmember Holden and herself met with the Rotary Club to discuss an Adopt a Park project. Councilmember Rousseau commented on the tour that was conducted at Floral Park and stated the Norway maples that were planted may be an invasive species. ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 13 Public Works Director/City Engineer Swearingen reported the species of Norway maples that were planted within Floral Park were recommended species from the University of Minnesota. Councilmember Rousseau reported the PTRC met last week and discussed their 2025 plan. She commented the group was interested in addressing encroachment issues and plantings in the coming year. Councilmember Rousseau indicated the EDC met last week as well and this group was working to visit with local business owners. Councilmember Rousseau thanked Boston Scientific for their cleanup efforts at Crepeau Park. She suggested a thank you card or email be sent to Boston Scientific thanking them for their efforts. Councilmember Rousseau stated on October 12, Scout Troop #419 and neighbors from the Floral neighborhood worked to address the flower beds in Floral Park. She recommended a thank you note be sent to this scout troop as well. Councilmember Rousseau commented on the outreach event that was held at Hazelnut Park. Councilmember Rousseau wished everyone a safe Halloween. Councilmember Fabel thanked HKGi staff for the excellent presentation to the Council at the work session regarding the City's zoning code. He was pleased that the City would be looking more closely at the housing codes and that 500 more housing units had been added to the Rice Creek Commons development for Arden Hills residents. Councilmember Holden thanked the Arden Hills Foundation for donating pumpkins for the Flashlight Pumpkin event. Councilmember Holden questioned how residents could get more information about the PIE program. Mayor Grant stated the City's communications coordinator was drafting a timeline and pieces of information that would be sent to the manufactured home park. Councilmember Holden thanked the Gathering Place for hosting a Trunk or Treat event on Saturday. Councilmember Holden thanked the Boy Scouts for their efforts at Floral Park. Councilmember Holden stated there have been comments about why is the City only buying HOA playground equipment. She reported this is not the case and requested further information regarding the playground equipment from the Public Works Director. Public Works Director/City Engineer Swearingen explained the term HOA style play structure came from the type of equipment that was installed at Floral Park or Cummings Park. He indicated this term came up when the City began planning for the 2025 park improvement projects. He stated the Council provided staff with direction to pursue playground options that ARDEN HILLS CITY COUNCIL — OCTOBER 28, 2024 14 were a step above HOA equipment. He reported three options were provided for both Freeway and Arden Oaks Park and noted the options that were chosen were the step above the HOA structure style. Councilmember Holden requested further information regarding the Colleen improvement proj ect. Interim City Administrator Jagoe reported staff was drafting letters that would be sent to property owners that have not yet prepaid before the November 15 deadline to make them aware of the interest rate that was set back in April, while also letting residents know if they prepay the assessment by November 151h deadlines, no interest would be charged. She noted 65 individuals have prepaid to date. Councilmember Monson reported the Fire Board met and was still reviewing the operating budget with hopes of approving the budget in November. She indicated the fire department has a new Assistant Fire Chief John Rosch. She indicated the fire station was still on schedule for design and she anticipated the project would be put out for bid in January or February of 2025. Mayor Grant stated more information would be sent to Arden Manor regarding the PiE program in the coming weeks. Mayor Grant explained he became aware of a rumor that was going through town that the City was balancing its budget by selling City property. He commented this was not true. Mayor Grant thanked Finance Director Yang for her work on the franchise fees. ADJOURN MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 8:43 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM 8A -ARZENHILLS MEMORANDUM DATE: November 12, 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 #23 Paid Claims - 10/19/2024-11/01/2024 (Check Nos. 52948-52967 and ACH Checks) Total Payroll $133,167.39 $133,167.39 $591,212.42 Total Accounts Payable $591,212.42 Total Claims $724,379.81 CITY OF ARDEN HILLS PAYROLL # 23 CHECKS DATED: 11/08/24 Biweekly: 10/19/24 - 11/01/24 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 7,879.92 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 5,469.92 5,469.92 FICA Medicare 1,279.24 1,279.24 SIT 3,543.02 TOTAL TAXES 1 18,172.101 6,749.16 Health Premium 2,223.00 26,012.35 Dental Premium 186.69 684.58 FSA Health Care Reimb. 133.33 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 1 2.543.021 26.696.93 HSA Health Saving 1 1,152.031 1,125.00 EFT TOTAL HEALTH SAVINGS 1 1,152.031 1,125.00 EFT EFT A/P Check* EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ERA 5,277.35 6,089.24 MA 1,230.45 0.00 entral Pension Fund -Union 1,536.00 IN State Retirement System 1,700.00 'OTAL RETIREMENT 1 9,743.801 6,089.24 .FLAC 22.76 ife/Addl/Dep Life 49.29 94.60 ife/Addl non -tax 20.80 TD/STD Insurance 1,291.17 ERA Life Insurance 40.00 JOE 49 Dues (Union) 140.00 'OTAL VOLUNTARY 1 1,564.021 94.60 Total Employee Deductions 33,174.97 Net Payroll 0.00 Direct Deposit 59,237.49 Gross Payroll Tie -Out 92,412.46 Plus City Paid Benefit 40,754.93 TOTAL PAYROLL COST 133,167.39 FICA TIE -OUT Gross Payroll 92,412.46 Less Total FSA 2,543.02 Less Total H.SA 1,152.03 Less Voluntary Ins 43.56 Less Non Taxable Tech Reimb 450.00 Net P/R Subject to FICA 88,223.85 FICA Oasdi @ 6.20% 5,469.92 FICA Medicare @ 1.45% 1,279.24 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: 11/7/2024 12:51 PM �RQEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0022 THOMAS MIKACEVICH 10/25/2024 102124 Clothing Reimbursement 223.96 Total for this ACH Check for Vendor 0022: 223.96 ACH 0192 GRAINGER INC 10/25/2024 9264175614 Anvil Assembly 64.42 9285568797 Fuse and Gloves 186.88 Total for this ACH Check for Vendor 0192: 251.30 ACH 0327 STAPLES INC 10/25/2024 6002329350 Supplies 23.29 6002329350 Supplies 39.18 6002329351 Supplies 25.99 6002329352 Supplies 298.50 6002329352 Supplies 49.87 6002329354 Credit Memo -Wall File -11.99 6002688459 Supplies 38.02 6002688460 Credit Memo -Pens -11.97 6004003797 Supplies 47.70 6009693160 Supplies 11.34 6013490495 Supplies 101.59 6013993196 Supplies 59.26 6013993196 Supplies 219.59 6013993199 Supplies 4.84 6014401035 Supplies 93.56 Total for this ACH Check for Vendor 0327: 988.77 ACH 0387 MISSIONSQUARE #302482 10/25/2024 PR 24-22 PR Batch 00200.10.2024 ICMA Employee Dedu PR Batch 00200.10.2024 ICM 1,000.00 PR 24-22 PR Batch 00200.10.2024 ICMA Employee Perce PR Batch 00200.10.2024 ICM 225.09 Total for this ACH Check for Vendor 0387: 1,225.09 ACH 0750 VERIZON WIRELESS 10/25/2024 9975994664 Service 10/11-11/10 897.30 Total for this ACH Check for Vendor 0750: 897.30 ACH 10363 MINUTE MAKER SECRETARIAL 10/25/2024 M1952 10/7 JDA Meeting Minutes 206.50 M1952 10/9 PC Meeting Minutes 167.00 Total for this ACH Check for Vendor 10363: 373.50 ACH 10557 MATTHEW BRISSON 10/25/2024 102124 Clothing Reimbursement 182.09 102124 Mileage Reimbursement IUOE Training 359.12 102124 Expense Reimbursement IUOE Training 49.69 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 10557: 590.90 ACH 1125 BOLTON & MENK INC 10/25/2024 0347316 Professional Services 8/17-9/13 1,269.00 0347316 PC 24-016 #777 146.00 Total for this ACH Check for Vendor 1125: 1,415.00 ACH 2125 MAX ARVIDSON 10/25/2024 102224 Mileage Reimbursement-IUOE Training 444.88 102224 Expense Reimbursement-IUOE Training 17.53 Total for this ACH Check for Vendor 2125: 462.41 ACH 2654 GOODPOINTE TECHNOLOGY INC 10/25/2024 4535 Pavement Condition Survey Final Payment 1,200.00 Total for this ACH Check for Vendor 2654: 1,200.00 ACH 4889 COMMUNITY FOOTWORKS 10/25/2024 10022024 October Footcare Clinic 236.80 Total for this ACH Check for Vendor 4889: 236.80 ACH 5587 CES IMAGING INC 10/25/2024 INV 166930 October Rental 60.00 Total for this ACH Check for Vendor 5587: 60.00 ACH 5593 AMERICAN LEGAL PUBLISHING COR 10/25/2024 37258 Ordinances 2024-009 through 2024-011 67.50 Total for this ACH Check for Vendor 5593: 67.50 ACH 5665 METERING & TECHNOLOGY SOLUTI( 10/25/2024 INV6409 Meter Signalizer/Adapter/Extension 891.76 Total for this ACH Check for Vendor 5665: 891.76 ACH 6555 TKDA INC 10/25/2024 002024005638 2024 CIPP Lining 8/25-9/28 2,728.46 Total for this ACH Check for Vendor 6555: 2,728.46 ACH ALPI ALLEGRA PRINT & IMAGING INC 10/25/2024 102124 November Newsletter Postage 1,000.00 Total for this ACH Check for Vendor ALPI: 1,000.00 ACH FPTC FLEXIBLE PIPE TOOLS AND EQUIPME 10/25/2024 30626 Nozzle Extension 96.00 Total for this ACH Check for Vendor FPTC: 96.00 ACH ZARN ZARNOTH BRUSH WORKS INC 10/25/2024 019988782-IN Broom Refill 636.00 Total for this ACH Check for Vendor ZARN: 636.00 52948 1033 COMCAST 10/25/2024 44271.1124 Service 10/21-11/20 6.51 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52948: 6.51 52949 10244 COMCAST BUSINESS INC 10/25/2024 219628041 Service 10/1-10/31 509.44 Total for Check Number 52949: 509.44 52950 10516 DASH SPORTS LLC 10/25/2024 2024-337 Fall Soccer Tykes 390.00 Total for Check Number 52950: 390.00 52951 6954 EMERGENCY APPARATUS MAINTENA 10/25/2024 133470 DOT Inspection 85321 366.88 133471 DOT Inspection 85431 366.88 Total for Check Number 52951: 733.76 52952 1193 FURTHER INC 10/25/2024 17072952 Participant Fees -October 56.60 Total for Check Number 52952: 56.60 52953 1119 GERTENS INC 10/25/2024 955747/6 Trees 3,487.50 CM 957358/6 Credit Memo- -36.00 Total for Check Number 52953: 3,451.50 52954 1040 HOISINGTON KOEGLER GROUP INC 10/25/2024 024-028-2 Zoning Code Update -August 5,337.60 Total for Check Number 52954: 5,337.60 52955 INCI IN CONTROL INC 10/25/2024 S-fNV01967 SCADA Alarm Service 9/9/24 546.00 Total for Check Number 52955: 546.00 52956 10486 MINNESOTA METRO NORTH TOURIST 10/25/2024 102224 SpringHill Suites September 2024 Lodging Tax 11,106.32 102324 Quality Inn September 2024 Lodging Tax 2,393.00 Total for Check Number 52956: 13,499.32 52957 2732 MINNESOTA WISCONSIN PLAYGROUI 10/25/2024 105149-01-14 Arden Oaks Playground Equipment 106,864.68 Total for Check Number 52957: 106,864.68 52958 10533 MKC INC 10/25/2024 2024-9 CDBG-September/Final 130.00 Total for Check Number 52958: 130.00 52959 0600 NCPERS GROUP LIFE INS 10/25/2024 315800112024 November Insurance 80.00 Total for Check Number 52959: 80.00 52960 0155 OFFICE OF MN IT SERVICES 10/25/2024 W24090625 September Phones 750.62 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52960: 750.62 52961 0811 RAMSEY COUNTY 10/25/2024 PRK-002406 Q3 2024 Inspections 5,452.76 PRRRV-002950 Q4 Election Services 6,850.00 Total for Check Number 52961: 12,302.76 52962 6748 RELIANCE STANDARD 10/25/2024 GL154938.1124 November Insurance 1,531.88 Total for Check Number 52962: 1,531.88 52963 10354 ST. PAUL PIONEER PRESS 10/25/2024 0924572589 Legal Notices 229.32 0924572589 PC 24-016 #777 Legal Notice 47.32 0924572589 Delinquent UB 33.80 Total for Check Number 52963: 310.44 Total for 10/25/2024: 159,845.86 ACH ACH001 US BANK 10/31/2024 ARVIM102024 RUNNINGS OF ST CLOUD - Clothing Allowat 154.98 ARVIM102024 TARGET 00007518 - Clothing Allowance 15.99 BAARS 102024 TRUENORTH STEEL BLAINE -Apron - Drain, 410.95 FRIDJ102024 SP FLAGS UNLIMITED - State Flag 44.31 FRIDJ102024 ULINE *SHIP SUPPLIES -Trash Picker 250.11 FRIDJ102024 FLAGSTOREUSA8004813524-State Flag 42.00 FRIDJ102024 SQ *MN FALL MAINTENANCE Expo Traininj 120.00 FRIDJ102024 SP UMN PEST SAFETY STORE -Training Mate 185.34 FRIDJ102024 SQ *MN FALL MAINTENANCE Expo Traininj 120.00 GEBAM102024 RUNNINGS OF ST CLOUD -Clothing Allowanc 135.90 HANSJ102024 TIMBERLAKE HOTEL Advanced Academy 286.08 HANSJ102024 DAVANNIS #10 ARDEN HILL Worksession 96.22 HANSJ102024 TST*BECKS-Training Meal 16.04 HOLDB102024 MICROSOFT*MICROSOFT 365 F 108.36 JAGOJ102024 APA Professional Membership 101.00 JOHNM102024 SAMS CLUB Membership RENEWAL 50.00 JOHNM102024 TRADER JOE S #727 374.25 JOHNM102024 ECOMM MOST DEPENDABLE FOU-Perry Pa 152.24 JOHNMI02024 WAL-MART #3404-Pumpkin Hunt Supplies 60.23 JOHNMI02024 MENARDS FRIDLEY MN -Pumpkin Hunt Supl 30.20 JOHNMI02024 PARTY CITY 1148-Pumpkin Hunt Supplies 164.09 JOHNMI02024 TARGET 00018317-Pumpkin Hunt Supplies 65.34 JOHNM102024 TARGET 00006197-Pumpkin Hunt Supplies 127.47 JOHNMI02024 FUN EXPRESS -Pumpkin Hunt Supplies 161.77 JOHNMI02024 SAMSCLUB #6309-Pumpkin Hunt Supplies 151.68 JOHNM102024 TARGET 00006197-Pumpkin Hunt Supplies 65.96 JOHNM102024 PARTY CITY 1148-Pumpkin Hunt Supplies 9.94 JOHNM102024 AMAZON MKTPL*5R3AW6EI3-Printer Ink 228.29 MIKATIO2024 MENARDS BLAINE MN -Park Benches 210.11 MIKATIO2024 TRUENORTH STEEL BLAINE-Arden Vista Tr; 400.00 MIKATIO2024 APPLE.COM/BILL- Icloud 0.99 MOONJI02024 VIKING ELECTRIC-DIST CTR 149.58 YANGJ102024 HAMPTON INNS -MN GFOA Conference 282.76 YANGJ102024 AMAZON MARK* 6V2LS1PU3-Ink Tank 216.11 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor ACH001: 4,988.29 ACH ACH002 AFLAC 10/31/2024 690062 Insurance Premiums -October 2024 45.52 Total for this ACH Check for Vendor ACH002: 45.52 ACH ACH004 FURTHER 10/31/2024 41152541 Health Care FSA-October 85.00 41163593 Health Care FSA-October 143.00 41169032 Health Care FSA-October 1,732.85 41169032 Dependent Care FSA-October 2,209.50 Total for this ACH Check for Vendor ACH004: 4,170.35 ACH ACH005 MINNESOTA REVENUE -SALES & USE 10/31/2024 101624 September Sales/Use Tax 0.56 101624 September Sales/Use Tax 54.44 Total for this ACH Check for Vendor ACH005: 55.00 ACH ACH006 MINNESOTA DEPT OF LABOR-BLDG P 10/31/2024 10112024 03 2024 Building Permit Surcharge -232.86 10112024 03 2024 Building Permit Surcharge 5,821.45 Total for this ACH Check for Vendor ACH006: 5,588.59 ACH ACH007 QUADIENT FINANCE USA INC 10/31/2024 6418.1024 Postage 10/24/2024 1,000.00 Total for this ACH Check for Vendor ACH007: 1,000.00 Total for 10/31/2024: 15,847.75 ACH 0285 XCEL ENERGY 11/01/2024 898797387 Service 9/16/24-10/15/24 12.59 898797387 Service 9/16/24-10/15/24 1,729.32 898797387 Service 9/16/24-10/15/24 20.90 Total for this ACH Check for Vendor 0285: 1,762.81 ACH 0319 CITY OF ROSEVILLE 11/01/2024 0242154 Q3 Water Purchase 399,554.97 Total for this ACH Check for Vendor 0319: 399,554.97 ACH 0761 ELECTRIC PUMP INC 11/01/2024 026558 Karth Lake Pump 745.25 Total for this ACH Check for Vendor 0761: 745.25 ACH 10497 CINTAS CORP 11/01/2024 4208978693 October Mats 105.39 Total for this ACH Check for Vendor 10497: 105.39 ACH 10588 AUSTIN RADEMACHER 11/01/2024 10232024 Safety Boots 199.95 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 10588: 199.95 ACH 3349 HYDRO-KLEAN 11/01/2024 PW23-0101 PAY 3 2024 CIPP PAYMENT 3 9,062.50 PW23-0101 PAY 3 2024 CIPP PAYMENT 3 -453.13 Total for this ACH Check for Vendor 3349: 8,609.37 52964 2597 AARP 11/01/2024 10222024 AARP Driver Safety 10/22/2024 110.00 Total for Check Number 52964: 52965 10556 INNOVATIVE OFFICE SOLUTIONS LLC 11/01/2024 IN4675624 Supplies 52966 MISC1 10252024 52967 0319 10312024 SCOTT WOOLFREY REFUND -Adult Bag Toss League CITY OF ROSEVILLE Registration 2024 Ford F450 Total for Check Number 52965: 11/01/2024 Total for Check Number 52966: 11/01/2024 Total for Check Number 52967: Total for l l/l/2024: Report Total (50 checks): 4,280.48 4,280.48 415,518.81 591,212.42 AP Checks by Date - Detail by Check Date (11/7/2024 12:51 PM) Page 6 CONSENT ITEM - 8B M` -ARPEN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Resolution Certifying the 2024 Municipal Election Canvass Results Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: • Approving Resolution 2024-051 certifying the 2024 municipal election canvass results. Backiround/Discussion Members of the City Council are required by State Statute to certify the results of the Municipal Election to the Ramsey County Auditor within three (3) to ten (10) days after the General Election. Attached are Resolution 2024-051 as well as the Abstract of Votes certifying the 2024 Municipal Election results from the November 5, 2024, General Election. Please note the write-in tally sheets are not yet available from Ramsey County and that information will be provided to Council as a bench handout at the November 12 Council meeting. The following are results from the 2024 election: Brenda Holden as Arden Hills City Councilmember for a four-year term beginning in January 2025; and Kurt Weber as Arden Hills City Councilmember for a four-year term beginning in January 2025. Attachments Attachment A: Resolution 2024-051 Attachment B: Abstract of Votes Page l of 1 It -fiR�EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA Attachment A RESOLUTION NO.2024-051 RESOLUTION CERTIFYING THE 2024 MUNICIPAL ELECTION CANVASS RESULTS WHEREAS, the City of Arden Hills held its General Election on November 5, 2024; and WHEREAS, Minnesota Statute 205.185, Subd. 3 and 205.065, Subd. 5, require that the City Council canvass the results of the election within three (3) to ten (10) days after the election; and WHEREAS, the City Council met on November 12, 2024, as an item of business at a City Council meeting, as a canvassing board to review the results of the election. THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that voting for the office of City Council, where there were two Councilmember seats to be elected, each for a four-year term, at the November 5, 2024, General Election held in and for said City, has been in all respects duly canvassed by this City Council in accordance with the law. It is hereby found and determined that the total votes cast upon the offices for each candidate at said election were as follows: COUNCILMEMBER (4- ear term) # Votes Brenda Holden 2,561 Kurt Weber 2,045 David Radzie' 2,040 Richard Priore 1,794 Write In Votes 42 BE IT RESOLVED, that as a result of said canvass, Brenda Holden and Kurt Weber be declared elected City Councilmembers each for four-year terms commencing at the first meeting in January 2025. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12TH DAY OF NOVEMBER, 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 m■ \ %\ \ E § r » \ z § 4/@ \ ƒ \ y z=04 ] 5 7 _ G = 2 0 = 2 ! % r R CN r \ 2 ) TO , ea) ( 77- 54a //f j //§ EEw ƒ)3 = //) %fC ij\ __0 2 E z U) . ƒ E \ c z / \ § j \ 0 \ }r ij/ ( z 3 m ) ] o E 2 ) w / \ % u b \ 76 / \ o g§ E§ 8= % y 2 § \ \ ± } W { y 0 0 \ § \ aE ? \ / \// i}}( , , \ \ k w J k \ \ / b ) % z / § b b b b b 2 ) 2 E E E f E s J J J J J/ \ ° 2 2 @ co w � ) 3 Q 2 \ }k ka. w ] / / § § j 2 /)E �w kE \ IL g u \ 0 2 § m / $ E ak \ &r 5 0 ƒ22 )7/ § u?& 0 )e) e / z / § e CL a } \ \ \ ' ƒ ƒ g ) = w § § § Of Of Of \ § \ \ \ 0 rol § \ 0- �?�2C°�2v w ry d � v co Z 700 rn Lr) O N 2 c6 C N CD d 0 � N a Z 0) M I.- 40 N c6 (6 0 a Z (0 0� W LO O 0 0 40 N U m LU r @ Y N N C� Q c (n 0 0 U -6 N �Q oN m Z o W O 00 m co r, Lj O >, i d = 0 mU� 0 E s � N U O Z m 0 � N U _N W 2 c 0 a Q N CM d d d E cn co cn N J J J 2 2 2 C z Z Z O W W W O � ry U af Q Q Q 0 _O O O U V N O O CD O O (D 0 a N co N co N O co H r I N c m a L U m N T 0 m .>_ ;t N N U O N N LO N O N > L 0 N O O Ez E _ > T a) Co a) _0 w Cl) a> C m ° N O N -O O L C C_ O > U N N LU N @ c U) C m d N w � O N N L N E m m C C O L 'O N O w > U C O O O. N N N C 7 6 L L ° m N N > Y m N L C 3 Co m io -° L C O U N p O > m� a ° 0m C L N O > O C N U y T N C 7 U U O � N a) m 7 Co> =L N ° C C O m >. C N O O)-O N .2 O O L N 6.2 > o N C N Q O N w O a c C ._ 7 (D T 7 a C O U (D 5 N C O) C O N U c U N O- f6 O a) U N m — C N 0 N N Z 0 U N O C 7 7 O � N O N w c L mY N N QU m N Q 2 aI N m C co O N E N 2 N N m C U 0 N E N 2 aI N N m C U 0 N E N 2 m .N N m C U 0 N E N aI N N m C U 0 N E N 2 N m m U O E m 2 _r., ►i N m a w 0 rn @ n U (D 0) @ a CONSENT ITEM - 8C 'It EN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: 2025-2029 Agreement for Law Enforcement Services Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • 2025-2029 Agreement for Law Enforcement Services with the Ramsey County Sheriff's Office. Background The City of Arden Hills law enforcement services contract with the Ramsey County Sheriff's Office expires at the end of this year. This contract is typically renewed every three years by the member cities, but the renewal contract is for five years. The Ramsey County Sheriff's Office has been providing policing services to the City of Arden Hills since 1980. Currently, other cities include Vadnais Heights, Shoreview, Little Canada, North Oaks, and White Bear Township. The Ramsey County Sheriff's Department contract agreement with Falcon Heights will cease at the end of this year. The total 2025 budget for the Sheriff's contract is $12,250,445.58, and Arden Hills' share of this is $1,758,287.45 or 14.32 percent of the total budget (this is before any offsetting revenue). The contract will last thru 2029, however, there is a termination clause that allows either party to terminate the contract at the end of a calendar year with a twelve month notice prior to termination. Page 1 of 2 Budget Impact The Sheriff's budget is included in the City's preliminary budget proposals previously viewed by the City Council. Attachments Attachment A: 2025-2029 Agreement for Law Enforcement Services Page 2 of 2 Attachment A AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES INTRODUCTION This is an Agreement between the County of Ramsey ("County"), through the Office of the Ramsey County Sheriff ("Sheriff's Office"), and the City of Arden Hills ("Municipality"), collectively referred to as "the Parties" or individually as "Party," to provide contract law enforcement and public safety services pursuant to the terms and conditions set forth in this Agreement and as authorized by Minnesota State Statutes. RECITALS WHEREAS, the County, through the Sheriff's Office, has a statutory obligation to provide certain law enforcement and public safety services; and; WHEREAS, cities, towns, and townships ("municipalities") have a statutory obligation to provide police services; and, WHEREAS, Minnesota State Statute authorizes contracts for police services between municipalities and sheriff's offices, with the approval of each respective governing body; and, WHEREAS, such contracts are authorized and provided for by the provisions of Minnesota Statutes Sections 471.59 and 436.05, and Laws 1959, Chapter 372; and, WHEREAS, contracting for law enforcement and public safety services offers many advantages to the community, the County, and the Municipality, including but not limited to cost savings by sharing personnel and resources, such as supervision and administrative costs, facilities, vehicles, equipment, and training as well as enhanced emergency responses and services; and, WHEREAS, in Ramsey County, for over 60 years, the Sheriff's Office has provided contract law enforcement and public safety services to municipalities in the County; and, WHEREAS, the Sheriff's Office has previously contracted to provide law enforcement and public safety services to the cities of Arden Hills, Little Canada, North Oaks, Shoreview, Vadnais Heights, and to White Bear Township (collectively referred to as the "Contract Communities"), as well as the city of Falcon Heights; and, WHEREAS, the Municipality has determined it is in its best interests to contract with the Sheriff's Office for law enforcement and public safety services for the effective, efficient, and economical delivery of community policing and critical services; and, WHEREAS, the County, the Sheriff's Office, and the Municipality are agreeable to contracting for such services under the terms and conditions hereinafter set forth. Pagel of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES AGREEMENT NOW, THEREFORE, the Parties agree as follows: 1. GENERAL PURPOSE 1.1 The purpose of this Agreement is to authorize the joint exercise of powers, pursuant to Minnesota Statutes, between the County, through Sheriff's Office, and the Municipality for the provision of contract law enforcement and public safety services, under the terms and conditions set forth below. 1.2 The Parties shall cooperate and use their best efforts to ensure that the provisions of this Agreement are fulfilled, and to undertake resolution of disputes, if any, in good faith and in a timely manner. 2. TERM OF AGREEMENT 2.1 The term of this Agreement shall commence on January 1, 2025, and shall continue through December 31, 2029 ("Term"). 2.2 This Agreement does not automatically renew and there are no options for renewal. 3. SCOPE OF SERVICES 3.1 The Sheriff's Office agrees to provide law enforcement and public safety services to the Municipality which will include, but not be limited to, the following: 3.1.1 Patrol services with random patrolling of residential areas, businesses, parks, and other public property areas. 3.1.2 Enforcement of state statutes and County and municipal ordinances. 3.1.3 Traffic enforcement including the regular use of radar or laser as a speed deterrent. 3.1.4 Crime prevention programs such as Neighborhood Watch, as well as other business and residential crime prevention programs. 3.1.5 Criminal investigative and crime scene processing services. 3.1.6 Follow-up on reported crimes with persons who reported the crime including routine notification by telephone or mail as to the status of the investigation. Page 2 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES 3.1.7 Responses to medical, fire, and other emergencies. 3.1.8 Coordination of volunteer programs, such as the Community Affairs Officer, Night to Unite, and Reserve Programs. 3.1.9 Driver's license inspections, background checks, and license enforcement services as called for under applicable state law and ordinances of the Municipality. 3.1.10 Special event traffic patrol and patrol services for community festivals or other special events. 3.1.11 Attendance at public safety or city council meetings as requested by the Municipality. 3.1.12 Animal control services. 3.1.13 Administrative and support services necessary to the provision of the law enforcement and public safety services listed herein, including but not limited to budget, accounting, and finance services; payroll support and personnel management; procurement and contract management; grant management; information technology and support; fleet management; training and staff development; recruitment; internal affairs; and other related services. 3.2 The County, through its various departments, agrees to support the delivery of law enforcement and public safety services, under the terms and conditions set forth in this Agreement. 3.3 The manner and standards of performance, the discipline of employees, and other matters incident to the provision of services under this Agreement, and the control of personnel so employed, shall be subject solely to the control of the Sheriff's Office. 3.4 In the event of a dispute between the Parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of performance of such service, the Sheriff's Office agrees to meet with the City Manager/Administrator to discuss the dispute and proposed resolution(s). The Sheriff's Office has the sole and exclusive authority to determine how to resolve such a dispute between the Parties hereto, subject however, to the provisions of this Agreement. 3.5 In the event the Municipality, through its elected body or authorized agent, notifies the Sheriff's Office that the Municipality is dissatisfied with the Page 3 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES assignment of personnel for the performance of services under this Agreement and requests a change in personnel, the Sheriff's Office shall make every effort to effect a change in the assignment of personnel, provided that such a change does not jeopardize the ability of the Sheriff's Office to provide services to other areas of Ramsey County in a timely and efficient manner. 3.6 Services by the Sheriff's Office shall be provided 24 hours per day and shall be performed by the number of deputies and other personnel budgeted for in the Sheriff's Office approved budget. 3.7 The County and the Sheriff's Office shall furnish and supply all necessary labor, supervision, equipment, communication facilities and dispatching, and supplies necessary to provide services pursuant to this Agreement. 3.8 All deputy sheriffs, clerks, and all other County personnel performing duties pursuant to this Agreement shall at all times be considered employees of the County and/or the Sheriff's Office for all purposes. 3.9 The name of each Municipality shall be affixed to all vehicles and other major pieces of equipment used primarily within the Municipality. 4. DEFENSE AND INDEMNIFICATION 4.1 The County, its officers and employees, shall not be deemed to assume any liability for intentional misconduct or negligent acts or omissions of the Municipality or of any other officer, agent, or employee thereof, and the Municipality shall hold the County and its officers and employees harmless from, and shall defend and indemnify the County and its officers and employees against any claim for damages and/or injuries arising out of the Municipality's performance or failure to perform (regardless of whether such act or omission is intentional or negligent) its obligations pursuant to this Agreement. 4.2 The Municipality and its employees shall not be deemed to assume any liability for intentional misconduct or negligent acts or omissions of the County or of any other officer, agent, or employee thereof, and the County shall hold the Municipality and its employees harmless from, and shall defend and indemnify the Municipality and its employees against any claim for damages and/or injuries arising out of the County's performance or failure to perform (regardless of whether such act or omission is intentional or negligent) its obligations pursuant to this Agreement. 4.3 By entering this Agreement, no Party is waiving its statutory limits or exceptions on liability, immunities or defenses, under statute (including but not limited to Chapter 466 of the Minnesota Statutes) or common law. Page 4 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES 4.4 Except as herein otherwise specified, the Municipality shall not be liable for compensation or indemnity to any County or Sheriff's Office employee for injury or sickness arising out of the County's performance of services pursuant to this Agreement, and the County hereby agrees to defend, indemnify, and hold harmless the Municipality against any such claim. 5. INSURANCE 5.1 During the term of this Agreement, the County agrees to maintain the following insurance policies/coverage, in amounts deemed appropriate by the County: automobile, workers' compensation, and general liability. 5.2 The County shall name the Municipality as an additional insured on all policies, except for the worker' compensation policy, related to this Agreement. 5.3 The County may elect to self -insure all or any portion of these risks. 5.4 When calculating insurance premium rates, the County shall provide to the Contract Communities the methodology for the cost calculations. 6. COST AND PAYMENT 6.1 For the services provided directly by the Sheriff's Office, the Municipality agrees to pay the Sheriff's Office the actual cost of providing services under this Agreement. Actual cost shall mean the Municipality's share of the Sheriff's Office total cost of providing services as described in this Agreement for the current contract year. Actual costs include, but are not limited to, personnel services; services and charges, including administrative overhead; supplies and equipment; and capital. 6.2 For the County services provided by County departments other than Enterprise Risk Management and the Sheriff's Office, the Municipality agrees to pay the County, as a part of this Agreement, a share of internal service fees based on a cost allocation determined by the Contract Communities, for the current contract year. Internal service fees are charges to the Sheriff's Office by County departments. Internal service fees include but may not be limited to rent; information services; workers compensation; mobile and handheld radio communication services; fleet services; and, county manager fees, which include central services, such as finance, human resources, and other indirect costs. 6.3 For the County services provided by Enterprise Risk Management, the Municipality agrees to pay the County for insurance obligations undertaken by the County pursuant to this Agreement. This includes but is not limited to automobile Page 5 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES and general liability insurance costs, or the cost of a self-insurance program. Enterprise Risk Management will provide premium rate costs by March of every year for the following year. 6.4 The Sheriff's Office will prepare and present an annual budget estimate to the Contract Communities managers/administrators. The annual budget estimate shall be presented and provided in June of each year for the following year. The Parties agree that said budget estimate shall in no way prevent the County from charging its actual costs per this Agreement. 6.5 The Sheriff's Office will prepare and present an annual reconciliation to the Contract Communities managers/administrators. The annual reconciliation shall be presented and provided no later than April of each year for the preceding year. If, after reconciliation, (a) the amount of actual costs exceeds the Municipality's payment to the County for the year, the Municipality will be invoiced for and shall pay to the County the difference or (b) the Municipality's payment to the County for the year exceeds actual costs, the Municipality will be issued a refund for the difference. 6.6 As part of the budget and reconciliation preparation and presentation process, the County and the Sheriff's Office will provide to the Contract Communities an itemized accounting as detailed as reasonably possible regarding costs, calculations, fees, rates, methodologies, and other relevant information. 6.7 The Sheriff's Office will prepare and provide to each Municipality monthly invoices. The invoices will display the cost of Sheriff's Office services, County internal service fees, and insurance obligations pursuant to this Agreement. 6.8 The Municipalities are responsible for determining cost allocations. 6.9 The term "costs" as used herein shall not include items of expense attributable to services or facilities normally provided or available to all municipalities within the county as part of the County or Sheriff's Office obligations to provide services. 6.10 Except as otherwise provided, the Municipality shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County or Sheriff's Office personnel performing services pursuant to this Agreement for said Municipality, and the County and Sheriff's Office hereby assumes said liabilities. 7. TERMINATION OF AGREEMENT 7.1 The Municipality or the Sheriff's Office may terminate this Agreement at the end Page 6 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES of a calendar year by notifying the other Party to this Agreement and the County and the other Contract Communities in writing of its intent to terminate the Agreement at least twelve (12) calendar months prior to the end of the calendar year. 7.2 Notice to the County and the Sheriff's Office shall be given to the County Manager and the Sheriff. Notice to the Municipality shall be given to the Municipality's City Manager/Administrator/Clerk. Notice to the other Contract Communities will be given to its City Manager/City Administrator/Clerk or in accordance with the notice provisions of the contracts between the Sheriff's Office and the other Contract Communities. 7.3 In the event the Municipality or the Sheriff's Office have provided notice of the intent to terminate this Agreement, and the Municipality has not yet secured an alternative law enforcement and public safety services provider, by mutual agreement the Municipality and the Sheriff's Office may elect to continue services on an overtime basis not to exceed one additional year. 8. GENERAL PROVISIONS 8.1 It is understood that prosecutions for violations of ordinances or state statutes, together with disposition of all fines collected pursuant thereto, shall be in accordance with federal and state statutes, rules, and judicial orders. 8.2 The Sheriff's Office shall provide to the Municipality an annual report and quarterly activity reports detailing the activities performed under this Agreement. Said reports shall contain, at a minimum, the number of calls answered and the number of citations issued. 8.3 No information shall be shared, disseminated, or otherwise provided which would violate the Minnesota Government Data Practices Act, Minn. Stat. § 13, or other federal and state laws, rules, or judicial orders. 8.4 The Municipality may contract with the Sheriff's Office for additional law enforcement and public safety services above and beyond what is provided in this Agreement. 8.5 Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the Sheriff's Office and the Municipality and attached to the original of this Agreement. [ The remainer of this page is intentionally left blank ] Page 7 of 8 AGREEMENT FOR CONTRACT LAW ENFORCEMENT AND PUBLIC SAFETY SERVICES APPROVAL IN WITNESS WHEREOF, the Municipality, by resolution duly adopted by its governing body, has caused this Agreement to be signed by the Mayor and the City Administrator, and the seal of the Municipality to be affixed hereto on the date below and the County, by resolution of its Board of County Commissioners, and signature of its Sheriff, has caused this Agreement to be signed by the Chair and Chief Clerk of said Board on the date below. COUNTY OF RAMSEY Victoria Reinhardt, Chair Ramsey County Board of Commissioners Date: Jason Yang, Interim Chief Clerk Ramsey County Board of Commissioners Date: OFFICE OF THE SHERIFF Bob Fletcher Ramsey County Sheriff Date: Approved as to form: Bradley Cousins Assistant Ramsey County Attorney Date: CITY OF ARDEN HILLS David Grant Mayor Date: Name Interim City Administrator Date: Approved as to form: Date: Revised: 1012912024 Page 8 of 8 CONSENT ITEM - 8D -ADEN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Resolution 2024-052 Accepting the Liability Coverage Limits from the League of Minnesota Cities Insurance Trust (LMCIT) for 2025 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Resolution 2024-052 accepting the liability coverage limits from the League of Minnesota Cities Insurance Trust (LMCIT) for 2025. Background Each year the City Council is required to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. In past history, the City has not waived the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 (this would mean that the City accepts liability coverage limits of $1,500,000). Budget Impact None AttaehmPntc Attachment A: Resolution 2024-052 Attachment B: Waiver Form Page 1 of 1 '2t HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-052 Attachment A RESOLUTION ACCEPTING THE LIABILITY COVERAGE LIMITS FROM THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) WHEREAS, the City of Arden Hills DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City accepts liability coverage limits of one million, five hundred thousand dollars and zero cents ($1,500,000.00) from the League of Minnesota Cities Insurance Trust (LMCIT) for calendar year 2025. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12TH DAY OF NOVEMBER 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. o Attachment B LACLEAGUE MINNESOTA CITIES LIABILITY COVERAGE WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Email completed form to your city's underwriter, to pstech(&1mc.org, or fax to 651.281.1298. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney if necessary. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name: City of Arden Hills, Minnesota Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: Signature: Position: November 12, 2024 League of Minnesota Cities 3/2/2023 Liability Coverage Waiver Form Page 1 CONSENT ITEM - 8E -ADEN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Joua Yang SUBJECT: Springbrook 2025 Software Maintenance Invoice Budgeted Amount: Actual Amount: Funding Source: $34,770 (5% Increase) $33,114.04 General, EDA, Water, Sewer and Storm Funds Council Should Consider Motion(s) to approve, table or deny the following: • Payment to Springbrook Holding Company LLC for 2025 software maintenance fees. Discussion The City's annual Springbrook software maintenance invoice is due. Springbrook is our finance software and supports multiple modules being used by the City for financial processing. Budget Impact This item is a recurring annual payment and is included in the budget. Attachments Attachment A: Springbrook Invoice Page 1 of 1 INVOICE Attachment A Invoice # INV-018726 Springbrook Invoice Date 11/01/2024 Invoice Date Due 12/01/2024 Payment Terms Net 30 PO No. Customer ID C-588 Bill To: Ship To: Arden Hills, MN - City of Arden Hills, MN - City of Dave Perrault Dave Perrault 1245 Highway 96 W 1245 Highway 96 W Arden Hills MN 55112 Arden Hills MN 55112 Description Term Start Term End Qty. Ext. Price Date Date Employee Self Services Maintenance 01/01/2025 12/31/2025 1 $2,005.59 Payroll Maintenance 01/01/2025 12/31/2025 1 $5,028.54 Utility Billing Maintenance 01/01/2025 12/31/2025 1 $10,751.15 Human Resources Management Maintenance 01/01/2025 12/31/2025 1 $1,837.85 Finance Suite Maintenance 01/01/2025 12/31/2025 1 $9,467.58 Accounts Receivable Maintenance 01/01/2025 12/31/2025 1 $4,023.33 Please direct inquiries to: Accounts Receivable at (503) 820-2213 Send an email to: accountsreceivable@sprbrk.com Subtotal $33,114.04 TAX $0.00 Total $33,114.04 Lockbox Payments: ACH/Wiring Instructions: Springbrook Holding Company LLC Wells Fargo PO Box 200566 For credit to: Springbrook Holding Company LLC Dallas, TX 75320-0566 Account: 4898138342 ABA:121000248 CONSENT ITEM - 8F 'It EN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Participation in Xcel Energy's Partners in Energy Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Authorization for execution of the Memorandum of Understanding with Xcel Energy's Partners in Energy program for an outreach campaign with Arden Manor seeking to develop and implement energy actions that increase access to home energy assessments and other Xcel Energy programs to lower the energy burden. Backiround At the July 8, 2024 meeting, the Council directed staff to complete the application process for participation with Xcel Energy for their Partners in Energy program. This outreach effort would be directed towards Arden Manor to assist in lowering energy costs while promoting sustainable efforts. One of the goals in the City's 2040 Comprehensive Plan is surrounding resilience and sustainability, specifically to promote resiliency and sustainable design practices in the preservation, development, redevelopment, and maintenance of the City's natural and built environment. In August, the City received notification that we had been selected to participate. The intent of this Memorandum of Understanding is to confirm Arden Hills' intent to participate in the initial plan development phase of Partners in Energy and outline the commitment that Arden Hills and Xcel Energy are making to this collaborative initiative. Participation is intended to occur over 12 months with the initial 6 months dedicated to an outreach campaign to Arden Manor and the later 6 months to revising that work and implementing a follow-up campaign. Page 1 of 2 Resource Commitment Summary Plan Develot)ment Phase • Single point of contact • Support in maintaining community stakeholder engagement in Arden Manor throughout the planning process. • Involvement in development and review campaign content. • Access to existing energy -related plans and programs • Agreement that the deliverable products from this work will be available to the public Budget Impact • Assistance identifying and recruiting stakeholders • Analysis of community energy use and program participation • Facilitation of planning sessions • Guidance in developing campaigns and strategies • Documentation and delivery of the campaign materials • Commitment to completing campaigns There is no monetary contribution for participation in the program. Attachments Attachment A: Memorandum of Understanding with Xcel Energy Page 2 of 2 Xcel Attachment A PARTNERS IN ENERGY An Xcel Energy Community Collaboration Memorandum of Understanding Arden Hills Manufactured Home Park — Plan Development Jessica Jagoe Interim City Administrator City of Arden Hills 1245 Highway 96 West Arden Hills, MN 55126 Congratulations on being selected to participate in Xcel Energy's Partners in Energy. This offering is designed to provide your community with the tools and resources necessary to develop and implement energy actions that reflect the vision of the City of Arden Hills. Participation is intended to span 12 months with the initial 6 months dedicated to an outreach campaign to Adren Hill's manufactured home park and the later 6 months to revising that work and implementing a follow-up campaign. This time may also be spent on other areas of the community that the City identifies as a priority. This proposal seeks to increase access to home energy assessments, weatherization, other free home services and other Xcel Energy programs to lower the energy burden on the residents of Arden Hills. The intent of this Memorandum of Understanding is to confirm Arden Hills' intent to participate in the initial plan development phase of Partners in Energy and outline the commitment that Arden Hills and Xcel Energy are making to this collaborative initiative. In order to achieve this Xcel Energy will provide: • Consulting support to assist in identifying potential community stakeholders to help in Arden Hills energy initiatives, particularly the stakeholders in the manufactured home park. • Data analysis of community energy use and Xcel Energy program participation to the extent that it is legally and technically prudent and feasible. The results can be used to identify potential opportunities to implement energy strategies. Xcel Energy will attempt to integrate data provided by Arden Hills into the analysis if feasible. • Design and implement community campaigns to help reduce energy burden for Arden Hills residents, particularly in the manufactured home park. • Respond to community needs to make the energy campaigns successful: e.g. host manufactured home park events, create outreach materials, videos, and other communications pieces in applicable languages. • Meet regularly with Arden Hills to help build capacity and provide project management. Participation in Partners in Energy requires no monetary contribution, Arden Hills does agree to provide: • A single contact point to coordinate and distribute deliverables; and help guide participation of the community in the campaign efforts. XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase • Community staff engagement in developing agendas for events, participating in regular check -in meetings, and supporting follow-up work between events, check -ins or campaigns. • Commitment to seeking community engagement throughout the process. This could include consultation with key community stakeholders, identifying useful community assets, or other community connection points to make campaigns successful. • Timely review of documents and deliverables. • Identification of existing community energy initiatives that could be leveraged in successful development and delivery of this effort. • Public distribution of work products developed with the support of Xcel Energy's Partners in Energy. 2 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Plan Development Phase Resource Commitment Summary Arden Hills • Single point of contact • Support in maintaining community stakeholder engagement in Arden Manor throughout the planning process. • Involvement in development and review campaign content. • Access to existing energy -related plans and programs • Agreement that the deliverable products from this work will be available to the public nL rnasU • Assistance identifying and recruiting stakeholders • Analysis of community energy use and program participation • Facilitation of planning sessions • Guidance in developing campaigns and strategies • Documentation and delivery of the campaign materials • Commitment to completing campaigns Legal Applicability and Waiver This is a voluntary agreement and not intended to be legally binding for either party. This Memorandum of Understanding has no impact, nor does it alter or modify any existing Franchise Agreement or other existing agreements between Xcel Energy and Arden Hills. Parties agree that this Memorandum of Understanding is to memorialize the intent of the Parties regarding Partners in Energy but does not create a legal agreement between the Parties. It is agreed by the Parties that nothing in this Memorandum of Understanding will be deemed or construed as creating a joint venture, trust, partnership, or any other legal relationship among the Parties. This Memorandum of Understanding is for the benefit of the Parties and does not create third party rights. Nothing in this Memorandum of Understanding constitutes a waiver of Arden Hills ordinances, Arden Hills regulatory jurisdiction, or Minnesota's utility regulatory jurisdiction. Sinqle Points of Contact All communications pertaining to this agreement shall be directed to Jessica Jagoe on behalf of Arden Hills and Sofia Troutman on behalf of Xcel Energy. Xcel Energy is excited about this opportunity to support Arden Hills in advancing its goals. The resources outlined above and provided through Partners in Energy are provided as a part of our commitment to the communities we serve and Xcel Energy's support of energy efficiency and renewable energy as important resources to meet your future energy needs. Thank you again for your continued interest in Xcel Energy's Partner in Energy. We look forward to assisting Arden Hills in developing its energy strategy. 3 XCEL ENERGY PARTNERS IN ENERGY For Arden Hills: Signature: Name: Title: Memorandum of Understanding Plan Development Phase For Xcel Energy: Signature: Name: Title: Date: Date: 4 CONSENT ITEM - 8G -AII�)E_N HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Hazard tree removal at Freeway Park Budgeted Amount: Actual Amount: Funding Source: $15,000 $21,700 Parks operating budget Council Should Consider Motions to approve, table, or deny the following: Hazard tree removal quote from Precision Landscape & Tree, inc. in the amount of $21,700. Backi!round/Discussion During discussions for the 2025 Park Improvement Project, specifically for Freeway Park, Public Works provided concerns of the large Cottonwood tree clusters as being hazardous and the need for removal. Since that discussion, two of the trees within the clusters have fallen and exposed rotting at the base. Due to the size of the clusters and the location being in proximity of powerlines, Public Works requested a quote from Precision Landscape & Tree, Inc. to remove the hazard trees (Attachment A). The contractor suggested removal activities to occur during frozen temperatures to limit disturbance and the restoration area. Public Works staff have reviewed the quote and recommend City Council approve. Budget Impact The invoice puts Tree/Weed Services over budget by $26,357.07; however, the Parks operating budget overall is forecasted to come in slightly favorable to budget, which would offset this overage. Attachments Attachment A — Hazard tree removal quote Page 1 of 1 �Attachm��ent:A] P uruzi Cottonwood Removals @ Freeway Park Wednesday, August 7, 2024 City of Arden Hills Jeff Frid 3540 Hudson ave Arden Hills, MN 55112 Phone: 651-755-1461 - Jeff Email: jfrid@cityofardenhills.org All work is done in accordance to ANSI tree care standards. Phase 1 Generated uniquely for Please sign and return to the office. This is an estimated cost and prices may vary upon job completion. 50 S Owasso Blvd East Little Canada, MN 55117 651-484-2726 1 www.precisiontreemn.com Estimator: Josh Hielsberg I Consulting Arboris Precision Landscape & Tree, Inc. Cell: 612-685-3404 Email: josh@precisiontreemn.com Worksite: 3540 Hudson ave Arden Hills, MN 55112 1 Cottonwood HAZARD Tree Removal Remove clump of large Cottonwoods @ SE corner of the Outdoor Hockey Rink (ODR) off County Rd E & Snelling S entrance ramp. - 1 tree split off a while ago (cleaned up by city). 1 large Center tree has split off and is resting on Large tree on the E side of clump - due to location & height of tree's, we will contract a 60 ton Crane to assist - 1 Climber will need to Fly on ball of crane to set straps, 1 climber to remain in tree to make cuts. BN Lift to take over once tops have been removed. - We will need the City to remove 4 panels & 3 post from the NW corner of the ODR, crane Crane to back in from the gravel parking lot to set up as close to trees as possible, allowing Crane to take as big of picks as possible. All picks set down inside the rink, Clam truck to Load from there. This will be the easiest way to get equipment in and out w/o much turning. - PLT will cut stumps as low as possible w/o damaging saw - crew will take precautions working neer power lines, Crane outfit will let us know if lines need to be de -energized before job scheduled. If needed we will need to discuss with the electrical designer for the area to get a game plan, neighbors could be put out of power?? Any cost for De-Energization will be added at invoicing. - Haul debris (4 - 5 loads) *" Once accepted we will start the process of getting the lines de -energized. Scheduling will be dependant on the electrical designer. 0 $11,250.00 Subtotal: $11,250.00 Page 2 of 5 ��r Our arborists are always ISA certified: VISA w R ERN �// Minnesota D�RE55 �� Josh Hielsberg Certification # MN4556A Society of VOICE Cr raEE caa[ ArborlCulttyun' Tax: $0.00 Phase 1 Total: $11,250.00 Phase 2 2 Cottonwood Phase 3 HAZARD Tree Removal Remove Clump of Cottonwoods just E of lower Playground - due to location & height of tree's, we will contract a 60 ton Crane to assist - 1 Climber will need to Fly on ball of crane to set straps, 1 climber to remain in tree to make cuts. B/Y Lift to take over once tops have been removed. - Crane will need to pick over the Power lines, this will require a Safety Zone Prune. This will require us to have the electrical designer for the area to set up. Neighbors may be put out of power. Cost for this service will be added at invoicing. - PLT will need to Prune limbs over over the basketball court from Silver Maple W of. Crane will need to set up close to tree, all picks set down in the court to be processed further & loaded into trucks. - Frozen or solid ground would be preferred, PLT not responsible for property damage from equipment accessing trees, we will do our best to mitigate. - cut stumps as low to ground as possible - Haul away all debris (3-4 loads) ** Once accepted we will start the process of getting the lines de -energized. Scheduling will be dependant on the electrical designer. 3 Cottonwood Stump Grinding (Tow Grinder) Bid for stump grinding can be provided once tree removal has been completed and work can be assesed properly. 0 $10,450.00 Subtotal: $10,450.00 Tax: $0.00 Phase 2 Total: $10,450.00 Subtotal: $0.00 Tax: $0.00 Phase 3 Total: $0.00 Page 3 of 5 Our arborists are always ISA certified: VISA DistOVERM/ Minnesota ��Josh Hielsberg Certification # MN4556A Society of 9 � VOICE CE Taff caa[ ArbonCUlture Any and All private lines ran underground are the responsibility of the home owner to have marked, flagged, & mapped out. Any damage caused to unmarked lines are not the responsibility of Precision Landscape and Tree. Note: This proposal may be withdrawn by us if not accepted within 30 days. Signature Z4, 1 11 Josh Hiels6erg Subtotal: $21,700.00 Tax: $0.00 Date Total: $21,700.00 08/07/2024 Date Page 4 of 5 Our arborists are always ISA certified: VISA DistOVER MW �/// nesota �� Josh Hielsberg Certification # MN4556A ciety of VOICE CE Taff caa[4F(11 culture PRECISION LANDSCAPE AND TREE TERMS AND CONDITIONS It is agreed by and between PLT and the authorizing party(customer and/or customers agent) that the following provisions are made as part of this contract: Insurance: PLT warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Workers Compensation as required by law. Certificates of coverage available upon request. Cancellations: Cancelation fee: PLT kindly request that the authorizing party provides PLT 24 hours advanced notice of any full or partial work cancelation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $150 for incurred expenses. Completion of contract: PLT agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays because of inclement weather, labor, or any other cause beyond its control; nor shall the customer be relieved of completion for delays. Tree ownership: The authorizing party warrants that all trees listed are located on the customer's property and, if not, that the authorizing party has received full permission from the owner to allow PLT to perform the specified work. Should any tree be mistakenly identified as to ownership, The customer agrees to indemnify PLT for any damages or costs incurred from the result thereof. Safety: PLT warrants that all arboriculture operations will follow the latest version of the ANSIZ133.1 industry safety standards. The authorizing party agrees to not enter the work area during arboriculture operations unless authorized by the crew leader on site. If you need to get the attention of the crew, stay out of the work zone until you make eye contact and are summoned to him/her. Power Drop: A power drop is the disconnection of the power to a building by XCEL Energy. A power drop will be scheduled by PLT for the safety of the crew if the work specified is near, in or on a power line. Once the work is completed PLT will call XCEL Energy to have the power reconnected. There are no charges associated with power drops. Communication Line Drops(Com drops): A com drop is the disconnection of the communication lines to the building. A com drop will be done by the PLT crew when they arrive on site to complete the contracted work if the work specified is near, in or on a com line. Safety Zone Clearance: Is a clearance from tri-phase power lines contracted out by XCEL Energy for the safety of crew members. If deemed necessary PLT will schedule one. Definitions of terms in contract(via ANSI A300 Tree Care Definitions): Clean: Selective pruning to remove one or more of the following non -beneficial parts: dead, diseased, and/or broken branches. Unless noted otherwise on this proposal, all cleaning will be of branches 2 inch diameter or greater throughout the crown. Crown: The upper portion of the tree including all branches and foliage, measured from the lowest branch on the trunk to the top of the tree. Leader: A dominant or co -dominant, typically upright stem - usually the main trunk. Raise: Selective pruning to provide vertical clearance. Reduce: Selective pruning to decrease height and/or spread by removing branches. Restore: Selective Pruning to redevelop structure, form, and appearance of trees that have been severely topped, vandalized, or damaged. Thin: Selective pruning to reduce density of live branches, usually by removing entire branches. Vista Pruning: Selective pruning using one or more pruning methods to allow a specific line of site. Usually creating a "window view" through the tree's crown. Stump removal: Unless specified in the estimate, stump removal is not included in the price quoted. Surface and Subsurface roots beyond the mound of the stump are not removed unless specified in the estimate(PLT is not responsible for shoots that may grow from these roots.) Line marking for Stumps: PLT will call 411 for getting underground gas, electric and city water lines. Any private lines(sprinkler, dog fencing, private electric lines, etc) are the responsibility of the authorizing party to have marked or removed. PLT is not responsible for any damages as a result of the authorizing party to have them marked. Unforeseen Circumstances: This contract is an estimated cost of the work to be completed on this proposal, PLT may add additional costs without notifying the authorized party's. Any additional work or equipment required to complete the work, caused by the authorizing party's failure to make known or accused by previously unknown foreign material in the trunk, the branches, underground or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and material basis($500/hr per 3 man crew + fees for material disposal). Winter work: Winter work is considered work completed through months November to March, this, of course, is dependent on weather/ground conditions. If you are concerned about yard damage we recommend that you try to remove snow from the areas that will be worked on in the coming winter. Snow is an insulator and keeps the ground from freezing. All areas that tree work is to be completed in will be snow blown to make clean up easier for the crew. *When the snow melts in the spring the remaining debris is the responsibility of the homeowner to have cleaned up. Clean Up: Clean up includes the removal of wood, brush, and clippings as well as raking the area affected by the specified work, unless noted otherwise on the proposal. Lawn Repair: PLT will attempt to minimize disturbances to the customers lawn. Minor damages should be expected, including divots and grass damage. Lawn repairs are not included in the contract price, unless noted specifically on the proposal. Terms of Payment: Unless otherwise noted in the proposal, the customer agrees to pay the amount in full on receipt of the invoice. After 30 days a finance charge of 1.5% per month will be assessed. Returned Check Fee: There will be a $30 fee charged for all checks returned to our office for non -sufficient funds. Signature Date Page 5 of 5 Our arborists are always ISA certified. VISA DISCOVER MW �///nesota �� Josh Hielsberg Certification # MN4556A ciety of VOICE CE Taff caa[4F(11 cuiture CONSENT ITEM - 8H ,!Tt -fi DEN HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2025 Cured In -Place Pipe Lining Project — Professional Services Agreement with TKDA Budgeted Amount: Actual Amount: Funding Source: $71,250 $70,000 Sanitary Sewer Fund Council Should Consider Motions to approve, table, or deny the following: Professional Services Agreement with TKDA for the 2025 Cured In -Place Pipe Lining Project in the amount not -to -exceed of $70,000. Backiround/Discussion Within the City's Capital Improvement Plan (CIP), Attachment A, the 2025 Cured in -place pipe (CIPP) lining project is identified to be constructed in 2025 with an overall project budget of $475,000. This project will be eligible for construction cost reimbursement through the Metropolitan Council's Inflow & Infiltration (I & I) grant program. The City has traditionally planned CIPP lining projects on a 2-year cycle or adjusted them to align with the Met Council I & I program. Through the Public Works' sanitary sewer maintenance program, inspections identified the proposed segments of sewer needing repairs due to significant cracks or voids, root intrusion and also aging clay pipe (VCP) that indicated a need for rehabilitation. Through the CIPP process, I & I is eliminated at the joints and cracks of the existing pipe and the new lining is known to extend the life of the pipe by at least 50-years. The location of the project area is within the Glen Arden neighborhood and is identified on the map within Attachment B. City staff has contacted engineering consultant, TKDA, to provide professional services to administer this project through design, specifications development, bidding and construction administration. TKDA has recently completed projects for the City including the 2024 CIPP Lining Project, Arden Oaks Street Improvements Project, the Trunk Watermain Assessment Page 1 of 2 Report and they are currently contracted to administer the South Tower Improvements Project. City staff recommends approving the PSA with TKDA (Attachment C) in the amount not -to - exceed $70,000 for the 2025 CIPP Lining Project. Budget Impact Met Council was recently approved $12,000,000 through State legislation to put towards the current I/I grant program. The Met Council I & I grant program period for eligible spending is Jan 1, 2024, through Dec 31, 2025, and Arden Hills is eligible to participate. Eligible reimbursement funds have typically been 25% of the pipe -lining bid item costs as long as overall funds are available. This project is budgeted for $475,000 overall project cost. When estimating, roughly 15% of the budget is typical for engineering services with improvement projects. The budgeted amount for engineering services equates to $71,250, TKDA has provided a proposal for $70,000. As the project moves through design, TKDA will be provided cost estimates at 60%, 90% and final design prior to Council authorization to bid the project. Attachments Attachment A: CIP sheet Attachment B: 2025 CIPP Lining Project area map Attachment C: PSA with TKDA Page 2 of 2 Capital Improvement Plan City of Arden Hills, Minnesota Project # 24-Sew-002 Project Name Sewer Lining/Rehabilitation TCAAP No Attachment A 2025 thru 2029 Department Sanitary Sewer Department Contact Public Works Director Type Maintenance Useful Life 30 Category Sanitary Sewer Maintenance Priority 2 Very Important Description Total Project Cost: $2,500,000 Sewer Lining and Rehabilitation of the sanitary sewer system on a 2-year cycle or when timing corresponds with the MCES I&I grant program. (2025): Glen Arden Neighborhood (2027): Venus Avenue Neighborhood (2029): Lift Station 2 Service Trail (2031): Hamline Avenue, Eide Circle, Floral Park connection r2033 is Ingerson Neighborhood Justification As part of our sanitary sewer program, lines found with holes and cracks allowing for infiltration should be lined or repaired as needed. As the sewer infrastructure is aging, staff will continue to perform sewer inspections and identify locations needing sewer lining and other sewer Prior Expenditures 2025 2026 2027 2028 2029 Total Future 415,000 Construction/Maintenance 475,000 580,000 530,000 1,585,000 500,0 070 Total Total 475,000 580,000 530,000 1,585,000 Total Prior Funding Sources 415,000 Capital Improvement Funds (PIR) Total Ramsey County Sanitary Sewer Utility Fund Surface Water Mgmt Utility Funds 2025 2026 2027 2028 475,000 580,000 2029 80,000 50,000 280,000 120,000 Total Future 80,000 1 500,000 50,000 Total 1,335,000 120,000 Total 475,000 580,000 530,000 1,585,000 Budget Impact/Other Phis project will help the overall I&I reduction program. Produced Using the Plan -It Capital Planning Software 56 o: O 3-036 CO) W Y D: Q 8-147 a Q 8-146 Q 8-144 8-143 3-037� 3-038 0 0 8-145 8-148 8-056 8-055 8-142 Free Lindey UNTYROAD E a Par Park 8-150 4-020 4-018 4-017 4-014 4-015 4-016 8-139 8-137 8-13800*011� n P �. Si 0 �00,000 8-131 C 8-159 f O 8-132 rn Cl) S 8-158 u</ 8-157 8-161 8-162 8-163 O N 8-164 8-119Z rn 9-022 Z a 8-12 8 123 8-124 I-125 22 ►` Z N 8-114A v m m O Z 8-112 j 8-114 8-11,1 -8-113 C) 8-117 O 8-115 •118 8-116 � n -10 -Ai N HILLS 2025 CIPP Project Areas N 0 + 300 Feet 3 TKDA Attachment C November 4, 2024 Mr. David Swearingen Interim Public Works Director City of Arden Hills 1245 W Highway 96 Arden Hills, Minnesota 55112 Re: Proposal for Engineering Services 2025 CIPP Lining Arden Hills, Minnesota Dear Mr. Swearingen: Via Email Only: dswearingen@cityofardenhills.org As requested, TKDA is excited to submit this Proposal to provide Engineering Services for the 2025 CIPP Lining Project, herein called the Project. Our Services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our "General Provisions of Engineer -Architect Agreement" dated July 2009. Hereafter, the City of Arden Hills is referred to as CLIENT. This letter proposal provides background information, describes our proposed work plan, illustrates our experience, outlines the timing of the work, and explains the associated fees. We are excited about the possibility of working with you again on this Project. Our team includes individuals with extensive experience in CIPP lining projects. I. PROJECT DESCRIPTION The CLIENT is planning for Cured -In -Place Pipe (CIPP) lining within the Glenarden Road neighborhood near Snelling Avenue and County Road E. Lining of the existing 8-inch VCP pipe is expected to be roughly 1,468 feet of 10-inch VCP, 5,806 feet of 8-inch VCP (there is a short segment of 8-inch CIP crossing County Rd E), and 5 outside drop mh structures. Many communities are using lining technology to improve the sanitary sewer systems to reduce inflow and infiltration, reduce root intrusion, and to upgrade deteriorating pipe. II. QUALIFICATIONS AND EXPERIENCE Firm Overview TKDA is committed to providing our clients with exceptional service while managing time and budget expectations. Our expert team of engineers, architects, and planners work collaboratively on designs and deliverables that are comprehensive, effective, efficient, and stand the test of time. As a 100 percent employee -owned S Corporation founded in 1910, TKDA has a local and national reputation for excellence built on more than 113 years of industry experience. Our 380-plus employee owners bring the same attention to detail and high standards to every project, no matter the scope or size. Local community projects, public agencies, and private industries are all served well by our multidisciplinary teams ready to implement the vision of our clients and stakeholders while upholding rigorous safety standards and industry guidelines. Headquartered in Saint Paul, Minnesota, with offices across the country, our employee -owners build our brand by investing their talents to help our communities where we work and live. Key Personnel Larry Poppler, PE / Project Manager. Civil Engineer Larry Poppler has served as city engineer, project manager, inspections director, and project engineer on street, water supply systems, and civil site design projects for over 28 years, with 15 of those years at the City of Prior Lake. He has developed and implemented capital improvements for communities, established policies and standards, and provided MnDOT State Aid administration and asset management. He has managed multiple consultants and staff members to assist with project design, inspection, surveying, studies, and infrastructure management. He is a skillful communicator with extensive experience in city council and neighborhood meetings. 444 Cedar Street, Suite 1500, Saint Paul, MN 551011 tkda.com 1651.292.4400 Mr. Swearingen 12025 CIPP Lining Proposal for Engineering Services November 4, 2024 Similar Experience: • TH 10 Watermain and Frontage Road Improvements, Arden Hills • Arden Oaks Street Improvements, Arden Hills . , • Yearly Street and Utility Improvements, White Bear Township Numerous CIPP lining projects working for the City of Prior Lake Mark Byers, PE, Registered Engineer. Civil Engineer Mark Byers has been involved in transportation, watermain, sanitary sewer, water resources, erosion control, surveying, and site design for 20 years for public and private clients. Mark is proficient in both the design and inspection of municipal projects. He is proficient in AutoCAD Civil 3D. Mark is NASSCO-certified in trenchless rehabilitation and is a MnDOT-certified construction inspector. He uses his field experience to produce quality plans and contract documents. Mark will complete the contract documents and lead the construction inspection for this project. Similar Experience: • Sewer Interceptor Rehabilitation Phase IV, St Cloud, MN • Lake Elmo Heritage Farm Street and Utility Improvements, Lake Elmo, MN Lift Station #4 Forcemain Replacement, West St Paul, MN • Wasserman Trunk Utility Improvements, Victoria, MN Ian Reilly, Technician I. Ian Reilly has 5 years of experience with a variety of municipal improvement projects. His experience includes design using AutoCAD Civil 3D and Microstation. He also has field inspection experience for roadway and utility projects and is a MnDOT-certified construction inspector. Ian will assist Mark with construction inspection. Similar Experience: • 2024 CIPP Lining, Arden Hills • Victoria Curve Street Improvements, Mendota Hts • Centre Pointe Street Improvements, Mendota Hts Ron Quanbeck, PE, Senior Registered Engineer. Ron Quanbeck has nearly 40 years of experience with municipal projects. He works primarily with MCES on interceptor rehabilitation projects. Ron will provide quality control for the design package for this project. Similar Experience: MCES 1-MN-330 Interceptor Lining on Lake Street in Minneapolis, MN F1, MCES Interceptor Lining, Roseville, Shoreview, & St. Paul, MN 2nd Street Lining 1-MN-320 Interceptor Rehabilitation, Minneapolis, MN MCES 1-MN-320 Interceptor Lining, Golden Valley, MN Similar Projects MCES Interceptor Lining, Roseville, Shoreview, & Saint Paul, MN Rehabilitation and structural lining of four sections of existing sanitary sewer interceptor. The project included manhole rehabilitation and CIPP lining of 5,550 LF of gravity sanitary sewer, ranging in size from 12 to 48 inches. The project also included designing a new Parshall flume metering structure. 2nd Street Lining 1-MN-320 Interceptor Rehabilitation MCES Interceptor Lining, Minneapolis, MN TKDA worked on the rehabilitation and structural lining of four sections of existing sanitary sewer interceptor. The project included CIPP lining of 1,846 feet of 54-inch gravity sanitary sewer, cementitious liner rehabilitation on five manhole structures, and design of temporary conveyance for the duration of the work. ;'A T"A Mr. Swearingen 12025 CIPP Lining Proposal for Engineering Services November 4, 2024 Sewer Interceptor Rehabilitation Phase IV, St. Cloud, MN TKDA assisted the City of St. Cloud with planning, design, and construction administration for the fourth phase in the City's efforts to rehabilitate its sanitary sewer interceptor system. The Phase IV system is a 10,000 linear foot 60-inch and 54-inch diameter reinforced concrete pipe that had experienced severe hydrogen sulfide corrosion. TKDA was retained by the City to develop a preliminary design plan to determine the most feasible method of pipe rehabilitation and then, following consensus on that determination, to implement the final design plans for bidding. Following the determination of the lowest qualified bidder, TKDA conducted construction administration throughout the construction phase. TKDA analyzed sewer tapes, record documents, field notes, stakeholder's lists, flow data, existing pipe characteristics, and preliminary construction cost estimates and made a recommendation to implement slip line pipe rehabilitation with some CIPP rehabilitation. The interceptor configuration was determined to be ideal for slip lining rehabilitation, although some CIPP rehabilitation along the route necessitated the bypassing of sewerage. TKDA designed the rehabilitation of the interceptor system with fiberglass pipe to be utilized as the insertion pipe material. Three slip line excavation locations were identified as potential locations where the contractor could begin the slip line effort. The City wanted this project to be completed in a short time frame. As such, TKDA maximized our in-house planning and design capabilities and completed the planning, design, and contractor prequalification process in about five months. III. SERVICES TO BE PROVIDED BY TKDA Work Plan A. Project Plans — TKDA will utilize GIS mapping to create mapping of the project area to communicate project limits and locations. We will review the sanitary sewer televising to determine if other repairs are needed ahead of the CIPP lining process. We will review service laterals for issues and count the number of service laterals that need to be re-established. Deliverables: GIS Plans Review Televising Report B. Project Manual — TKDA will review the City standard specifications for CIPP lining and modify the specifications for the 2025 CIPP Lining Project. A bid form will be created for the project and included in the project manual. Project Manual Deliverables: Advertisement for Bids Bid Form C. Bidding Services — TKDA will handle the bidding for the 2025 CIPP Lining Project including, QuestCDN coordination, bid questions and addenda, bid opening, bid tabulation, and bid recommendation letter. A letter will be drafted (mailed by the City) to communicate to residents within the project area. QuestCDN coordination Bidder Questions / Addenda (as needed) Deliverables: Bid Opening Bid Tabulation Bid Recommendation Letter Project Communication Letter D. Construction Administration and Construction Inspection — TKDA will handle all construction administration of the project, including contract document review, shop drawing review, payment applications, change requests, final payment, and project closeout document review. TKDA will also complete the construction inspection, assuming 30 days of work for this project. Construction inspection needs are dependent on the contractor's schedule and if additional hours are needed for this project, TKDA will work with the City of Arden Hills to revise the number of hours needed for inspection. TKDA will charge for only the hours needed for the project. To provide additional value, TKDA will utilize a trained Technician I for most of the inspection during the project, TKDA Mr. Swearingen 12025 CIPP Lining Proposal for Engineering Services November 4, 2024 who will be supervised by a NASSCO-certified CIPP Lining Inspector. Inspection duties will include checking the liner for tears and rips, verifying resin amounts, and reviewing the inversion process. Once the liner has been installed and cured, TKDA will review the service lateral reinstatement process and the video of each segment. Construction Administration Contract Document Review Shop Drawing Review Deliverables: Payment Applications Change Requests Final Payment Construction Inspection IV. CITY RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified herein below: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with access to the site as required to perform services listed in SECTION III. C. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. D. Mail materials to residents within the project area. TKDA will provide materials and mailing list. V. ADDITIONAL SERVICES If authorized in writing by the City, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Right -of -Way or easement acquisition is not expected for this Project, but if certain right-of-way services are needed, TKDA can perform or facilitate this work as an Additional Service. B. All work is assumed to be completed in 2024 and 2025. If work is performed in 2026, TKDA will amend our unit rates and may need an amendment to avoid exceeding the engineering budget. VI. PERIOD OF SERVICE We will expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION III services for early 2025 bidding and 2025 inspection. Segments of the work plan will be completed progressively to facilitate the Project schedule. TKDA will advise the CLIENT if circumstances develop beyond our control that will impact the schedule outlined in this Proposal. VII. COMPENSATION Compensation to TKDA for services provided as described in SECTION III of this Proposal shall be on an Hourly Time and Materials basis for a total not to exceed amount of $70,000. Our detailed Project Fee Estimate is attached. Payment shall be made in accordance with Article 3 of the attached General Provisions. The level of effort required to accomplish SECTION III services can be affected by factors which are beyond our control. Therefore, if it appears at any time charges for services rendered under SECTION III will exceed the above, we agree we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available, and our work can proceed. A' T"A Mr. Swearingen 12025 CIPP Lining Proposal for Engineering Services November 4, 2024 Vill. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal. We agree that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Arden Hills and the return of a signed original to us. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. We are excited for the opportunity to work with the City of Arden Hills once again. If you have any questions, please contact Larry Poppler directly at 952.292.1098 or larry.poppler@tkda.com. Sincerely, �;awrenc . Pop ler, PE Project Manager ATTACHMENTS: Detailed Fee Estimate General Provisions M ew Christiansen, PE Vice President, Surface Transportation ACCEPTED FOR THE CITY OF ARDEN HILLS, MINNESOTA By: (signature) Printed Name/Title CLIENT DESIGNATED REPRESENTATIVE: Name/Title Phone LPP:MJC:Imf:jae Email Date TKDA i TKDA Project Fee Estimate Client: City of Arden Hills Date: 11/4/2024 Project: 12025 CIPP Lining By: -PP Task Task Description Estimated Person Hours Required Total Hours Total Dollars Sr Reg Eng Reg Eng ES I Reg Eng Tech II Task Design Project Coordination (1 City Council Mtgs, Coordination, Project Management) 12 12 $ 2,784 Review Televising report 40 40 $ 6,320 GIS Location Maps 1 8 24 2 35 $ 4,074 Project Manual 2 20 2 4 28 $ 4,422 Bid Form and Cost Estimate 1 4 5 $ 514 Advertisement for Bids 1 1 $ 89 SUBTOTAL HOURS 15 69 28 4 5 121 SUBTOTAL DESIGN COST $ 3,480 $ 10,902 $ 2,492 $ 884 $ 445 $ 18,203 Task 2 Bidding and Construction Quest CDN Coordination 4 4 $ 370 Bidder questions / Addenda (if necessary) 1 1 $ 241 Bid Opening / Bid Tabulation 1 1 2 $ 334 Bid Recommendation Letter 1 1 $ 241 Project Communication Letter (to be mailed by the City) 1 1 2 $ 334 Contract Doucument Review 2 2 $ 329 Shop Drawings 4 4 $ 657 Construction Inspection 100 320 420 $ 46,051 Payment Applications 1 4 1 5 $ 899 Change Requests 1 4 1 5 $ 899 Final Payment 1 2 3 $ 570 SUBTOTAL HOURS 7 116 320 6 449 SUBTOTAL COST $ 1,689 $ 19,061 $ 29,619 $ $ 555 $ 50,924 Expenses: Travel & Subsistence (TS) $ 786 TOTAL HOURS 22 1 185 1 348 1 4 11 570 TOTAL LABOR COST $ 5,169 1 $ 29,963 1 $ 32,111 $ 884 $ 1,000 1 $ 69,127 TOTAL EXPENSES $ 786 TOTAL PROJECT $ 69,913 TOTAL (ROUNDED) $ 70,000 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions of Engineer -Architect Agreement ARTICLE 1. GENERAL These General Provisions supplement and become part of the Agreement between Toltz, King, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter referred to as CLIENT, wherein the CLIENT engages TKDA to provide certain Engineering, Architectural, and/or Planning services. Either Party to this Agreement may be referred to as a "Party" or collectively as "Parties." As used herein, the term "Agreement" refers to (1) TKDA's original Engagement Letter or proposal (the "Engagement Letter") which forms the basis for the Agreement; (2) these General Provisions, and (3) any attached Exhibits, as if they were part of one and the same document. With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions and the Engagement Letter shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment amounts set forth in the Engagement Letter have been established in anticipation of the orderly and continuous progress of the project in accordance with the schedule set forth in the Engagement Letter or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services shall be as designated in the Engagement Letter. The CLIENT shall make monthly payments to TKDA within 30 days of date of invoice. B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies TKDA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case all undisputed items shall be paid and amounts in dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1-112% per month, or the maximum amount authorized by law, whichever is less. TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys' fees, incurred in connection with collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days' written notice to the CLIENT, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that it shall waive any and all claims against TKDA and that TKDA shall not be responsible for any claims arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of the opinion that any work it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of that fact. Upon written notification to CLIENT, TKDA shall be entitled to additional compensation for same, and to an extension of time for completion absent timely written objection by CLIENT to additional services. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days' written notice for convenience of either CLIENT or TKDA. In addition, the CLIENT may at any time reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the CLIENT to TKDA. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upon seven days' written notice as provided above. In the event of a termination or reduction in scope of the project work, TKDA shall be paid for the work performed and expenses incurred on the project work and for any completed and abandoned work for which payment has not been made, computed in accordance with the provisions of the Engagement Letter and payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with TKDA's subconsultants, costs of producing copies of file materials and other related close-out costs. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All documents, including reports, drawings, calculations, specifications, CADD materials, computer software or hardware or other work product prepared by TKDA pursuant to this Agreement are TKDA's Instruments of Service and TKDA retains all ownership interests in said Instruments of Service, including copyrights. Any use or reuse of such Instruments of Service, except for the specific purpose intended, by the CLIENT or others without written consent, verification, or adaptation by TKDA will be at the CLIENT's risk and full legal responsibility. In this regard, the CLIENT will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such use or reuse which is not specifically verified, adapted, or authorized by TKDA. Copies of documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by TKDA's Engineer or Architect. Files in electronic format furnished to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. In the event electronic copies of documents are made available to the CLIENT, the CLIENT acknowledges that the useful life of electronic media may be limited because of deterioration of the media, obsolescence of the computer hardware and/or software systems or other causes outside of TKDA's control. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. If requested, at the time of completion or termination of the work, TKDA shall make available to the CLIENT at CLIENT's expense copies of the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred under this Agreement, and (ii) fulfillment of the CLIENT's obligations under this Agreement. ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to execution of the Engagement Letter, the CLIENT may authorize TKDA to commence services by issuing a purchase order by a duly authorized representative. Such authority to commence services or purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event the terms and conditions of this Agreement conflict with those contained in the CLIENT's purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warranties, express or implied, are made by TKDA. In order to implement the intent of Parties to this Agreement, the Parties agree that the Engagement Letter, these General Provisions, and any Exhibits constitute the entire Agreement between them. The Parties further agree that the preprinted terms and conditions of any CLIENT -generated purchase order issued to request work pursuant to this Agreement will not apply to the work, regardless of whether TKDA executes the purchase order in acceptance of the work. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the CLIENT shall supply, in proper time and sequence, the following at no expense to TKDA: 1. All necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, and interpret and define CLIENT's policies with respect to TKDA's services. 3. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise in the Engagement Letter or any Exhibits attached thereto), data prepared by or services of others, including without limitation, soil borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning, deed and other land use restriction; and other special data not covered in the Engagement Letter or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, insurance counselor or others as CLIENT deems necessary for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice to TKDA whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), subconsultants or TKDA. 8. Initiate action, where appropriate, to identify and investigate the nature and extent of asbestos, petroleum and/or pollution in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous Materials means any substance, waste, pollutant or contaminant (including petroleum) now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 2009 (E/O) will, where appropriate, endeavor to identify, remove and/or encapsulate asbestos products, petroleum, pollutants or Hazardous Materials located in the project area prior to accomplishment by TKDA of any work on the project. If TKDA encounters, or reasonably suspects that it has encountered, asbestos or pollution in the project, TKDA shall cease activity on the project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Engagement Letter, the services to be provided by TKDA do not include identification of asbestos or pollution, and TKDA has no duty to identify or attempt to identify the same within the area of the project. With respect to the foregoing, CLIENT acknowledges and agrees that TKDA is not a user, handler, generator, operator, treater, Storer, transporter or disposer of asbestos, petroleum, Pollutant, or other Hazardous Materials which may be encountered by TKDA on the project. CLIENT agrees to hold harmless, indemnify and defend TKDA and TKDA's officers, subconsultant(s), subcontractor(s), employees and agents from and against any and all claims, lawsuits, damages, liability and costs, including, but not limited to, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos, petroleum or other Hazardous Materials or waste on the site. This indemnification is intended to apply only to existing conditions present at the site prior to TKDA's commencement of services, and does not apply to conditions that arise subsequent to TKDA's commencement of services that are caused or created by TKDA. 9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the project, such legal services as the CLIENT may require or TKDA may reasonably request with regard to legal issues pertaining to the project including any that may be raised by contractor(s), such auditing service as CLIENT may require to ascertain how or for what purpose any contractor has used the monies paid under the construction contract, and such inspection services as CLIENT may require to ascertain that contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 10. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the project. 11. Act promptly to approve all pay requests, Supplemental Agreements, or requests for information by TKDA as set forth herein. 12. Require all Utilities with facilities in the CLIENT's right-of-way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work of the project, submit a schedule of the necessary relocation/protection activities to the CLIENT for review and comply with agreed upon schedule. 13. Provide other services, materials, or data as may be set forth in the Engagement Letter or any Exhibits attached thereto. B. TKDA shall be entitled to rely on the accuracy and completeness of information furnished by the CLIENT. If TKDA finds that any information furnished by the CLIENT is in error or is inadequate for its purpose, TKDA shall promptly notify the CLIENT. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations end maintenance costs provided for in the Engagement Letter or any Exhibits attached thereto, are made on the basis of TKDA's experience and qualifications and represent TKDA's judgment as an experienced and qualified design professional. It is recognized that TKDA does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of TKDA's cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, TKDA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by TKDA to CLIENT hereunder. TKDA assumes no responsibility for the accuracy of opinions of probable project costs or construction costs, and provides these estimates for the sole convenience of the CLIENT for the purposes of general project budgeting. ARTICLE 10. CONSTRUCTION PHASE SERVICES CLIENT acknowledges that it is customary for the Architect or Engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction -related documents to be employed to provide professional services during the Construction Phases of the project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute of or -equal items of materials and equipment proposed by bidders and contractor(s), (3) in connection with review of shop drawings and sample submittals, and (4) as a result of and in response to TKDA's detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. CLIENT agrees that if TKDA is not employed to provide such professional services during the Construction Phases of the project, TKDA will not be responsible for, and CLIENT shall indemnify and hold TKDA (and TKDA's professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by CLIENT or others. Nothing contained in this paragraph shall be construed to release TKDA (or TKDA's professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which TKDA has undertaken or assumed under this Agreement. ARTICLE 11. INSURANCE TKDA shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, and from claims against it for damages because of injury to or destruction of property. Also, TKDA shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA is legally liable. Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom TKDA performs work hereunder, shall not be assigned, sublet or transferred without the written consent of TKDA and the CLIENT. Any assignment of the Agreement, or claims arising under or relating to the Agreement without the written consent of both Parties shall be null and void. ARTICLE 13. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 14. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and all remaining provisions shall continue to be valid and binding between CLIENT and TKDA. ARTICLE 15. WAIVER OF CONSEQUENTIAL DAMAGES CLIENT and TKDA waive consequential damages for claims, disputes or other matters in question arising out of or relating to TKDA's services under this Agreement. This mutual waiver of consequential damages applies and survives termination of this Agreement. ARTICLE 16. LIMITATION OF LIABILITY In recognition of the relative risks of CLIENT and TKDA relating to the work, CLIENT agrees, to the extent permitted by law, that TKDA's liability to the CLIENT or anyone claiming through CLIENT for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes including, but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of TKDA or its officers, directors, partners, employees, agents, or consultants, or any of them, shall not exceed the total insurance proceeds paid or available on behalf of or to TKDA by its insurers in settlement or satisfaction of CLIENT's claims against TKDA under the terms and conditions of TKDA's insurance policies applicable thereto. ARTICLE 17. CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and TKDA agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 18. CONFIDENTIALITY TKDA agrees to keep confidential and not to disclose to any person or entity, other than TKDA's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to TKDA and marked CONFIDENTIAL by the CLIENT. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict TKDA from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for TKDA to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 19. UNDERGROUND UTILITIES If authorized in the Engagement Letter, TKDA and/or its authorized subconsultant will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by TKDA or its subconsultant will be performed in a manner consistent with the ordinary standard of care. The CLIENT recognizes that the research may not identify all underground improvements and that the information upon which TKDA relies may contain errors or may not be complete. The CLIENT agrees, to the fullest extent permitted by law, to waive all claims and causes of action against TKDA and anyone for whom TKDA may be legally liable, for claims by CLIENT or its contractors for delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by TKDA. TKDA GENERAL PROVISIONS JULY 2009 (E/O) CONSENT ITEM - 8I -ARVE_-HILLS MEMORANDUM DATE: November 12, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: 2024 PMP — Authorization to return special assessment interest Budgeted Amount: Actual Amount: Funding Source: $0 $1,668.87 PIR Fund Council Should Consider Motions to approve, table, or deny the following: Return interest collected on payments received prior to certification related to the special assessments for the 2024 PMP Street & Utility Improvement Project in the amount of $1,668.87 Backiround/Discussion The Arden Hills City Council adopted the assessments related to the 2024 PMP Street & Utility Improvement Project on April 8, 2024. The Notice of the Assessment Hearing dated March 13, 2024, did not specify the exact value of the interest rate which was set by the City Council at 4.75% percent via Resolution 2024-021. Due to this clarification, it was determined that no interest shall be charged if the entire assessment is paid from the adoption of this assessment, between April 8, 2024, and November 15, 2024. City staff has recorded properties that have prepaid the entire assessment, and with Council authorization, will be receiving a refund equaling the interest payment made. Notice of this action dated October 29, 2024, has been sent to the affected properties. Properties within the project area that have not yet paid their assessment were also notified that they could make a partial or full payment by November 15, 2024, to avoid any interest charge on the prepayment portion of the assessment. Property Owners were notified that the interest rate of 4.75% percent would be charged on any portion thereof after November 15th, per year in accordance with Resolution 2024-021. City Staff is requesting authorization to return interest collected related to the special assessments for the 2024 PMP Street & Utility Improvement Project in the amount of $1,668.87. Page 1 of 2 Budget Impact N/A Attachments N/A Page 2 of 2