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Mayor: Address: David GrantIt 1245 W Highway 96 Arden Hills MN 55112 -A HILLS Councilmembers: EN Phone: Brenda Holden 651-792-7800 Emily Rousseau Regular City Council Tena Monson Website: Kurt Weber Agenda www.cityofardenhills.org April 28, 2025 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 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 2026 Budget Calendar Joua Yang, Finance Director Documents: MEM PDF ATTACHMENT A.PDF 8.C. Motion To Approve Payment No. 1 (Final) To M&B Services, Inc. - 2025 CIPP Sewer Repair Lucas Miller, Assistant Public Works Director Documents: MEM PDF ATTACHMENT A.PDF 8.D. Motion To Approve Resolution 2025-037 Awarding The Sale Of General Obligation Capital Improvement Plan (CIP) Bonds, Series 2025A Joua Yang, Finance Director Documents: MEMO.PDF ATTACHMENT A.PDF 8.E. Motion To Accept Resignation Of Building/Code Enforcement Inspector Jessica Jagoe, City Administrator Documents: MEMO.PDF 8.F. Motion To Authorize Recruitment Of Building/Code Enforcement Inspector Jessica Jagoe, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 8.G. Motion To Approve Metropolitan Council Regional Solicitation Safe Routes To School Grant Agreement David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.H. Motion To Approve T-Mobile Lease Agreement Amendment No. 1- South Tower (1230 Red Fox Rd) David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 8.1. Motion To Acknowledge Financial Surety Obligations For Rice Creek Watershed District Permit Number 24-064 For The Lake Johanna Fire Department Headquarters Project Jessica Jagoe, City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Planning Case 25-001 - Variance And Conditional Use Permit For 1126 Benton Way Elena Fransen, Senior Planner Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF ATTACHMENT H.PDF ATTACHMENT I.PDF ATTACHMENT J.PDF ATTACHMENT K.PDF ATTACHMENT L.PDF 11. NEW BUSINESS 11.A. Planning Case 25-001 - 1126 Benton Way • Resolution 2025-038 Approving a Variance • Resolution 2025-039 Approving a Conditional Use Permit Elena Fransen, Senior Planner Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 11.B. Resolution 2025-040 Amending City Resolution 2025-007 To Revise Conditions For Approval Of A Master And Final Planned Unit Development And Conditional Use Permit For Lot 1, Block 1, Arden Heights Addition Elena Fransen, Senior Planner Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN CONSENT ITEM 8A 'It EN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, 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 2025 Payroll #09 Paid Claims - 04/05/2025-04/18/2025 (Check Nos. 53278-53297 and ACH Checks) Total Payroll Total Accounts Payable $104,398.80 $104,398.80 $93,462.47 $93,462.47 Total Claims $197,861.27 CITY OF ARDEN HILLS PAYROLL # 9 CHECKS DATED: 04/25/25 Biweekly: 04/05/25 - 04/18/25 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 7,818.39 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* EFT FICA Oasdi 5,398.41 5,398.41 FICA Medicare 1,262.53 1,262.53 SIT 3,711.83 TOTAL TAXES 1 18,191.161 6,660.94 Health Premium 2,342.11 0.00 Dental Premium 215.30 0.00 FSA Health Care Reimb. 137.50 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 2,694.911 0.00 HSA Health Saving 1 1,120.191 0.00 TOTAL HEALTH SAVINGS 1 1.120.191 0.00 A 5,899.18 6,806.71 EFT EFT A/P Check* EFT A 1,142.63 0.00 ral Pension Fund -Union 1,920.00 State Retirement System 1,800.00 'AL RETIREMENT 1 10,761.811 6,806.71 FLAC 22.76 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 50.29 0.00 ife/Addl non -tax 21.81 TD/STD Insurance 0.00 ERA Life Insurance 40.00 JOE 49 Dues (Union) 140.00 Total Employee Deductions 33,042.93 Net Payroll 0.00 Direct Deposit 57,888.22 Gross Payroll Tie -Out 90,931.15 Plus City Paid Benefit 13,467.65 TOTAL PAYROLL COST 104,398.80 FICA TIE -OUT Gross Payroll 90,931.15 Less Total FSA 2,694.91 Less Total H.SA 1,120.19 Less Voluntary Ins 44.57 Net P/R Subject to FICA 87,071.48 FICA Oasdi @ 6.20% 5,398.41 FICA Medicare @ 1.45% 1,262.53 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: 4/23/2025 2:39 PM �RQEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0242 MET COUNCIL ENVIRON SERVICES-S. 04/11/2025 03052025 February SAC 7,455.00 03052025 February SAC -74.55 Total for this ACH Check for Vendor 0242: 7,380.45 ACH 0327 STAPLES INC 04/11/2025 6027421500 Supplies 50.39 6027421501 Supplies 14.99 Total for this ACH Check for Vendor 0327: 65.38 ACH 0387 MISSIONSQUARE #302482 04/11/2025 PR 25-08 PR Batch 00100.04.2025 ICMA Employee Dedu PR Batch 00100.04.2025 ICNi 750.00 PR 25-08 PR Batch 00100.04.2025 ICMA Employee Perce PR Batch 00100.04.2025 ICNi 273.85 Total for this ACH Check for Vendor 0387: 1,023.85 ACH 10365 JENNIFER SHULL 04/11/2025 04042025 Mileage Reimbursement -March 12.11 Total for this ACH Check for Vendor 10365: 12.11 ACH 10476 TWIN CITIES COMMERCIAL CLEANEI 04/11/2025 04251507 Janitorial Services -April 1,554.58 Total for this ACH Check for Vendor 10476: 1,554.58 ACH 1125 BOLTON & MENK INC 04/11/2025 0358529 JDA PC 2025-002#798 3,852.00 0358704 Engineering Services -March 3,419.00 0358704 MS4 Storm Services -March 3,665.00 0358704 GIS Services -March 2,227.50 0359301 2025 Park Improvements 2/15-3/14 5,018.00 Total for this ACH Check for Vendor 1125: 18,181.50 ACH 4889 COMMUNITY FOOTWORKS 04/11/2025 04022025 April Foot Care Clinic 296.00 Total for this ACH Check for Vendor 4889: 296.00 ACH 6129 FAST SIGNS INC 04/11/2025 204-64803 Nametags 36.00 Total for this ACH Check for Vendor 6129: 36.00 ACH 7025 ON SITE COMPANIES -OSSTC INC 04/11/2025 0001866607 Restrooms 3/2-4/11 228.87 Total for this ACH Check for Vendor 7025: 228.87 AP Checks by Date - Detail by Check Date (4/23/2025 2:39 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount ACH 8032 PACE ANALYTICAL FIELD SVC INC 04/11/2025 25122504 February Drinking Water Survey 1,452.75 Total for this ACH Check for Vendor 8032: 1,452.75 ACH DMLP DELL MARKETING LP 04/11/2025 10807942015 Computers: Rec Supervisor & Park Manager 1,404.42 10807942015 Computers: Rec Supervisor & Park Manager 1,404.42 Total for this ACH Check for Vendor DMLP: 2,808.84 53278 0841 EHLERS & ASSOCIATES INC. 04/11/2025 100851 TCAAP-March SAC/WAC 368.75 100919 TCAAP-March 1.122.50 Total for Check Number 53278: 1,491.25 53279 DEED MINNESOTA UI 04/11/2025 18007026 Q1 2025 Unemployment 28.18 18007026 Q1 2025 Unemployment 112.72 18007026 Q1 2025 Unemployment 225.43 18007026 Q1 2025 Unemployment 197.25 Total for Check Number 53279: 563.58 53280 0811 RAMSEY COUNTY 04/11/2025 PRMG-005646 PW Rental Space -April 2025 6,141.68 PRMG-005646 PW Rental Space -April 2025 1,364.82 PRMG-005646 PW Rental Space -April 2025 3,070.84 PRMG-005646 PW Rental Space -April 2025 3,070.84 PRRRV-003475 Tax Payers & Overlapping Debt Reports 95.00 Total for Check Number 53280: 13,743.18 53281 10354 ST. PAUL PIONEER PRESS 04/11/2025 0325572589 PC 2025-001 #799 69.30 0325572589 JDA PC 2025-002 #798 52.25 Total for Check Number 53281: 121.55 53282 10568 VERIZON CONNECT 04/11/2025 368000069649 March Service 334.95 Total for Check Number 53282: 334.95 Total for 4/11/2025: 49,294.84 ACH 0192 GRAINGER INC 04/18/2025 9429255996 Supplies 99.16 9443012399 Supplies 20.24 9444164801 Supplies 130.72 9447168189 Supplies 37.16 Total for this ACH Check for Vendor 0192: 287.28 ACH 0230 MTI DISTRIBUTING INC 04/18/2025 1465984-00 Jack Mount 282.42 Total for this ACH Check for Vendor 0230: 282.42 ACH 0413 NEWMAN SIGNS INC 04/18/2025 AP Checks by Date - Detail by Check Date (4/23/2025 2:39 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference TRFINVO59583 Traffic Signs 112.80 Total for this ACH Check for Vendor 0413: 112.80 ACH 10557 MATTHEW BRISSON 04/18/2025 04152025 Reimbursement -Clothing 32.94 Total for this ACH Check for Vendor 10557: 32.94 ACH 1254 NUSS TRUCK & EQUIPMENT 04/18/2025 SWO047214-1 Repair Service #85321 277.30 Total for this ACH Check for Vendor 1254: 277.30 ACH 1363 WATER CONSERVATION SERVICES IN( 04/18/2025 14838 Leak Locate 1666 Lake Johanna Blvd 592.80 Total for this ACH Check for Vendor 1363: 592.80 ACH 2490 CORE & MAIN LP 04/18/2025 W613464 Hydrant Oil 958.16 W647063 Hydrant Buddy 4,500.00 W647294 Hydrant Diffuser 4,990.00 W647302 Hose Assembly 1,900.00 W677481 VB Lid 130.48 Total for this ACH Check for Vendor 2490: 12,478.64 ACH 4447 BRAUN INTERTEC CORPORATION 04/18/2025 B422708 Materials Testing LS-5 156.00 Total for this ACH Check for Vendor 4447: 156.00 ACH 5180 THE TESSMAN COMPANY LLC 04/18/2025 S409964-IN Herbicides 1,462.90 Total for this ACH Check for Vendor 5180: 1,462.90 ACH 5665 METERING & TECHNOLOGY SOLUTI( 04/18/2025 INV7429 Compound 2" Meter 2025-00178 41.46 INV7429 Compound 2" Meter 2025-00178 3,388.60 Total for this ACH Check for Vendor 5665: 3,430.06 ACH 6129 FAST SIGNS INC 04/18/2025 204-64702 Name Plate 96.25 Total for this ACH Check for Vendor 6129: 96.25 ACH 8614 MINNEAPOLIS SAW COMPANY INC 04/18/2025 190867 Handsaw 209.98 Total for this ACH Check for Vendor 8614: 209.98 ACH ADVS ADVANTAGE SIGNS & GRAPHICS INC 04/18/2025 V0225-86 Vinyl Decal 90.00 V0325-48 Traffic Signs 71.00 V0325-48 Traffic Signs 130.95 Total for this ACH Check for Vendor ADVS: 291.95 ACH ALPI ALLEGRA PRINT & IMAGING INC 04/18/2025 174142 Spring Summer Rec Guide 7,155.39 AP Checks by Date - Detail by Check Date (4/23/2025 2:39 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 174142 Spring Summer Rec Guide Postage 1,047.65 Total for this ACH Check for Vendor ALPL• 8,203.04 53283 2597 AARP 04/18/2025 04152025 April AARP Driver Safety Course 170.00 Total for Check Number 53283: 170.00 53284 0131 BEISSWENGERS DO IT BEST 04/18/2025 963111 Supplies 48.03 965759 Supplies 8.79 966469 Supplies 53.01 Total for Check Number 53284: 109.83 53285 10540 EDUCATION & TRAINING SERVICES 04/18/2025 04162025 Phase III Mgmt Leadership Training 549.00 Total for Check Number 53285: 549.00 53286 0176 FRATTALLONES HARDWARE INC 04/18/2025 E75876/A Supplies 45.26 E78160/A Supplies 65.22 Total for Check Number 53286: 110.48 53287 1040 HOISINGTON KOEGLER GROUP INC 04/18/2025 024-028-10 Zoning Code Update -March 7,362.50 Total for Check Number 53287: 7,362.50 53288 10593 HYDRAULIC SPECIALTY INC 04/18/2025 090004957395 Parts 69.23 Total for Check Number 53288: 69.23 53289 1297 IIA LIFTING SERVICES INC 04/18/2025 INDI94061 Annual Inspection 828.00 Total for Check Number 53289: 828.00 53290 INCI IN CONTROL INC 04/18/2025 S-INV02408 Automation & Cybersecurity Plan 546.25 Total for Check Number 53290: 546.25 53291 5443 METRO PRODUCTS INC 04/18/2025 185378 Misc Supplies 907.73 Total for Check Number 53291: 907.73 53292 13725 MINNESOTA EQUIPMENT 04/18/2025 R52633 Service to #85463 3,021.18 Total for Check Number 53292: 3,021.18 53293 0600 NCPERS GROUP LIFE INS 04/18/2025 315800052025 May Insurance 80.00 Total for Check Number 53293: 80.00 53294 10599 PEAK ELECTRIC SERVICE 04/18/2025 AP Checks by Date - Detail by Check Date (4/23/2025 2:39 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 2025-00208 Refund: Permit 2025-00208 Cancelled -less 20% 79.80 Total for Check Number 53294: 79.80 53295 2785 RAMSEY COUNTY ENVIRONMENTAL 04/18/2025 621025 Hazardous Waste Geneartor License Renewal 100.00 Total for Check Number 53295: 100.00 53296 0314 ROCHON CORPORATION 04/18/2025 2024-01194 Hydrant Rental Refund 2,000.00 2024-01194 Water Usage and Rental Fee -130.52 Total for Check Number 53296: 1,869.48 53297 3099 TRI STATE BOBCAT INC-LITTLE CANA 04/18/2025 A46706 Misc Supplies 339.07 A46707 Vent Relief 77.57 A46709 Filters #85214 102.67 A46732 Return Credit -69.52 Total for Check Number 53297: 449.79 Total for 4/18/2025: 44,167.63 Report Total (45 checks): 93,462.47 AP Checks by Date - Detail by Check Date (4/23/2025 2:39 PM) Page 5 CONSENT ITEM - 8B 'Tt -ARzEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Joua Yang, Finance Director SUBJECT: 2026 Budget Calendar Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • 2026 Budget Calendar Background Staff is beginning the process of developing a preliminary 2026 Budget. As we proceed forward and take the necessary steps, staff will be asking for general direction and guidance from the Council during its July work session. Discussion In order to officially start the budget process, a budget calendar needs to be approved by the Council. The draft budget calendar is attached for Council review and approval. Budget Impact None. A ttarh mPntc Attachment A: 2026 Budget Calendar Page 1 of 1 CITY OF HILLS Attachment A 2026 BUDGETETCALENDAR April 28, 2025 City Council Approval of Budget Calendar. April — May Department Heads Prepare 2026-2030 CIP requests and background material. May 26, 2025 Department Heads Submit CIP Requests to Finance Department. May Forms Distributed to all Department Heads for 2026 Operating Budget. June City Administrator and Finance Director review Department CIP Requests and confer with Departments. June 2026-2030 CIP is drafted and distributed to City Council for review. June Department Heads Prepare Budgets and Background Material. June 23, 2025 Department Heads Submit Budget Requests to Finance Department. July 14, 2025 City Council Work Session to discuss 2026 Operating Budget parametersand 2026-2030 CIP. July City Administrator and Finance Director review Department Budgets and Confer with Departments. Department completes Preliminary nary R� ue Estimates. Wust Finance August City Administrator Budget is drafted for Presentation to Council at Work Session and distributed to Council for review. August & September City Council Work Sessions to discuss Preliminary 2026 Budget. September City Administrator's recommended Preliminary 2026 Budget distributed to the City Council. e wtembmwmn� ty Council adopts the Preliminary 2025 Pro ert Tax Levy (Pa"6a September Council Certifies date for public (TNT) hearing and continuation hearing (if necessary) to county. September Finance Director submits preliminary 2025 Property Tax Levy (Payable 2026) to County for certification. October through City Council Work Sessions as needed. November Mid -November Truth in Taxation Notices and Public Hearings Schedule distributed by County. Early December Public Hearing for Budget and Levy consideration. Mid -December Continuation Hearing, Approval of Budget and Certification of Property Tax Levy For submission to County. Late December Finance Director Submits Final Levy to County and prepares Final Budget Document. CONSENT ITEM - 8C It EN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Lucas J. Miller - Assistant Public Works Director SUBJECT: 2025 CIPP Sewer Repair —Invoice Payment No. 1/Final to M&B Services Inc. Budgeted Amount: Actual Amount: Funding Source: $475,000 $384,209.15 Sanitary Sewer Utility Fund, MCES I/I Grant Council Should Consider Motions to approve, table, or deny the following: Payment No. 1/Final for the 2025 CIPP Sewer Repair quoted and performed by M&B Services Inc. in the amount of $16,850.00. Backaround/Discussion Pursuant Resolution 2025-010 adopted by City Council on January 13, 2025, City staff initiated bid advertisement for the 2025 CIPP Lining project. The lining portion of this project was then awarded to the low bidder, Hydro-Klean LLC, and approved by Council in Resolution 2025-017 on February 10, 2025. A piece of scope withheld from the lining portion of the contract was a repair to the existing sanitary sewer at one sanitary mainline location near 3580 Snelling Ave N. which had a broken and offset joint that needed to be repaired. Lining of that portion of sewer main could not take place until this repair happened. To have a more competitive pricing, Staff had TKDA send out for quotes for that work to a separate set of several subcontractors who are more specialized with that type of sewer repair work. The lowest quote for that work was M&B Services Inc. in the amount of $16,850.00 and they performed the work appropriately. This work was inspected by TKDA and was completed on 4/21/25. Staff recommends that Council approve payment to M&B Services Inc. for the services completed and rendered within their Invoice #1/Final payment in the full amount of $16,850.00. Page 1 of 2 Budget Impact A summary of the project costs and funding sources to date is provided below: Total As -Bid Costs: Construction (Primary) $ 282,097 Construction (Alternate) $ 15,262 Sewer Repair (M&B) $ 16,850 Engineering Services $ 70,000 TOTAL $ 384,209 Total Estimated Funding Sanitary Sewer Utility Fund $ 475,000 TOTAL $ 475,000 The City is participating in the 2023 Metropolitan Council (MCES) Public Inflow and Infiltration Grant program. Roughly 25% of the construction costs from this project will be eligible for reimbursement at the end of the program cycle in 2026. I/I grant eligible funds are 25% of the pipe lining bid item costs which calculates to $70,524. The 2025-2029 CIP Budget includes funding in the amount of $475,000 for the proposed work. Attachments Attachment A - Payment #I/Final for payment of repair work from M&B Services Inc. Page 2 of 2 Attachment A INVOICE M&B Services Inc 27498 OlindaTrl Lindstrom, MN 55045 Bill to Larry Poppler TKDA 3568 Snelling Ave Arden Hills, MN 651-292-4457 Invoice details Invoice no.: 1633 Terms: Net 10 Invoice date: 04/22/2025 Due date: 05/02/2025 molly@mb-servicesllc.com +1 (651) 248-1725 www.mb-servicesllc.com # Date Product or service 1. 04/21 /2025 Sewer 2. Permit and Inspection Fees Ways to pay BANK Mayor Signature Description Repair sanitary sewer main between manhole 8-149 and manhole 8-150. Approx 12 ft of sewer pipe. Includes black dirt and hydro seed of yard. Includes all permit and inspection fees Total A/1&B Services Ship to Larry Poppler Qty Rate Amount 1 $16,850.00 $16,850.00 Date 1 $0.00 $0.00 $16,850.00 CONSENT ITEM - 8D ,!Tt -t4 LI��EN_ HILL5 MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Joua Yang, Finance Director SUBJECT: Resolution Authorizing the Issuance and Awarding the Sale of 2025A General Obligation Capital Improvement Plan (CIP) Bonds Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to adopt the attached Resolution 2025-037 awarding the Sale of General Obligation Capital Improvement Plan (CIP) Bonds, Series 2025A. Background On March 10, 2025, City Council approved Resolution 2025-028 Approving the 2025-2029 Capital Improvement Plan and Approving the Issuance of Capital Improvement Plan Bonds not to exceed $4,680,000 to finance the City's proportionate share of the construction and equipping of a new fire station within the City. Based upon the project's final construction bids, the City's final proportionate share has been reduced to $3,080,000. Ehlers & Associates will solicit proposals for the sale of the bonds on April 28, 2025 at 10:30 AM., C.T. The lowest bid is recommended to the Council for approval. Attachment Attachment A: Resolution 2025-037 Page 1 of 1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, RAMSEY COUNTY, MINNESOTA Attachment A Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Arden Hills, Minnesota, was duly held in the City Hall in said City on April 28, 2025, commencing at 7:00 o'clock p.m. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: DOCSOPEN-AR200-22-1009630.v3-4/21/25 RESOLUTION NO.2025-037 RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2025A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $[3,080,000]; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council (the "Council") of City of Arden Hills, Ramsey County, Minnesota (the "City"), as follows: Section 1. Findings, Determinations; Sale of Bonds. 1.01 Back round. It is hereby determined that: (a) The City is authorized by Minnesota Statutes, Chapter 475, as amended (the "Act"), including Minnesota Statutes, Section 475.521, as amended ("Section 475.521 "), to prepare a capital improvement plan providing for the construction of certain capital improvements and to finance such improvements through the issuance of general obligation capital improvement plan bonds. (b) On February 10, 2025, the Council adopted a resolution (the "Intent Resolution") stating the intention of the City to issue and sell its General Obligation Capital Improvement Plan Bonds, Series 2025A (the "Bonds"), pursuant to the Act, including Section 475.521, in the proposed aggregate principal amount of $4,680,000, to finance the City's proportionate share of the costs of constructing and equipping a new fire station within the City (the "Project"). (c) On March 10, 2025, the Council held a public hearing regarding a five-year capital improvement plan for the years 2025 through 2029 (the "Plan") which included the Project. Following the public hearing, the Council adopted a resolution approving the Plan and authorizing the issuance of bonds to finance the Project. (d) The Council has determined that, within 30 days after the hearing, no petition for a referendum on the issuance of bonds to pay costs of the Project was received by the City in accordance with Section 475.521. (e) The Council has further determined that: G) the expected useful life of the Project will be at least 5 years; and (ii) the amount of principal and interest due in any year on all outstanding bonds issued by the City pursuant to Section 475.521, including the Bonds (as defined below), will not exceed 0.16% of the estimated market value of property in the City. (f) The City is authorized by Section 475.60, subdivision 2(9), of the Act to sell the Bonds other than pursuant to a competitive sale because the City has retained Ehlers and DOCSOPEN-AR200-22-1009630A-4/21/25 2 Associates, Inc. (the "Municipal Advisor") to serve as its independent municipal advisor in connection with the sale of the Bonds. The actions of the City staff and the Municipal Advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of [Purchaser][, as syndicate manager] (the "Purchaser"), to purchase the Bonds of the City is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ (par amount of the Bonds of $[3,080,000], plus original issue premium of $ , less original issue discount of $ , less an underwriter's discount of $-, plus accrued interest, if any, as set forth in the Purchase Agreement (defined below), to date of delivery for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 2040 2033 2041 2034 [*Term Bonds] True interest cost: % 1.03. Purchase Agreement. The execution and delivery of a proposal form, dated as of April 28, 2025 (the "Purchase Agreement"), between the City and the Purchaser, is hereby ratified and confirmed in the form set forth in EXHIBIT A to this resolution (the "Resolution"). The Bonds shall be issued and delivered in accordance with the terms and conditions of the Purchase Agreement and this Resolution. The amount proposed by the Purchaser in excess of the minimum bid, if any, shall be credited to the Debt Service Fund hereinafter created or deposited in the Construction Fund hereinafter created, as determined by the Finance Director in consultation with the Municipal Advisor. The Municipal Advisor is directed to receive and retain the good faith payment of the Purchaser in accordance with the terms of the Purchase Agreement, pending completion of the sale of the Bonds. The Mayor and City Administrator are authorized and directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City shall forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of $[3,080,000], originally dated May 20, 2025, in fully registered form and in denominations of $5,000 each or any integral multiple thereof, numbered No. R-1 upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: Year Amount Year Amount 2027 2035 2028 2036 2029 2037 2030 2038 2031 2039 2032 2040 2033 2041 2034 DOCSOPEN-AR200-22-1009630A-4/21/25 [*Term Bonds] 1.05. Schedule of Maturities. The schedule of maturities satisfies the requirements of Section 475.54, subdivision 1 of the Act. 1.06. Qptional Redemption. The City may elect on February 1, 2035, and on any day thereafter to prepay Bonds due on or after February 1, 2036. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for optional redemption, the City shall notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC shall determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments shall be at a price of par plus accrued interest to the date of optional redemption. [1.07 Mandatory Sinking Fund Redemptions; Term Bonds. The Bonds maturing on February 1, 20_ and February 1, 20 , shall hereinafter be referred to collectively as the "Term Bonds." The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Mandatory Sinking Fund Redemptions February 1, 20 Term Bond February 1, 20 Term Bond Year Principal Amount * Maturity Year Principal Amount The principal amount of Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bond credited against future mandatory sinking fund redemptions of such Term Bonds in such order as the City shall determine.] Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond shall be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 2026, to the registered owners of record thereof as of the close of business on the fifteenth day immediately preceding each interest payment date, whether or not such day is a business day. 2.03. Registration. The City shall appoint a bond registrar (the "Registrar"), authenticating agent (the "Authenticating Agent"), and paying agent (the "Paying Agent"). Except as specifically provided otherwise in Section 7 hereof, the effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: DOCSOPEN-AR200-22-1009630A-4/21/25 4 (a) Re ig Stier. The Registrar must keep at its principal corporate trust office a bond register (the "Bond Register") in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred, or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (0 Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the Bond Register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees, and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen, or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen, or lost the Registrar shall deliver a new Bond of like amount, number, maturity date, and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen, or lost upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen, or lost, upon filing with the Registrar evidence satisfactory to it that the Bond was destroyed, stolen, or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance, and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar shall be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen, or lost Bond has already matured or been called for redemption in whole in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed shall be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be DOCSOPEN-AR200-22-1009630A-4/21/25 redeemed at the address shown on the Bond Register and, if publication of the notice of redemption is required by law, by publishing the notice of redemption as required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, shall not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption shall cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar, Pang Agent, and Authenticating Agent. The City appoints Bond Trust Services Corporation, Roseville, Minnesota, as the initial Registrar, Paying Agent, and Authenticating Agent with respect to the Bonds. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services Corporation, as the initial Registrar, Paying Agent, and Authenticating Agent with respect to the Bonds. Upon merger or consolidation of the Registrar, Paying Agent, and Authenticating Agent with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar, Paying Agent, and Authenticating Agent. The City agrees to pay the reasonable and customary charges of the Registrar, Paying Agent, and Authenticating Agent for the services performed. The City reserves the right to remove the Registrar, Paying Agent, or Authenticating Agent upon thirty (30) days' notice and upon the appointment of a successor Registrar, Paying Agent, or Authenticating Agent, in which event the predecessor Registrar, Paying Agent, or Authenticating Agent must deliver all cash and Bonds in its possession to the successor Registrar, Paying Agent, or Authenticating Agent and the Registrar must deliver the Bond Register to the successor Registrar. On or before three (3) business days prior to each principal or interest due date, without further order of the Council, the Finance Director must transmit to the Paying Agent money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication, and Delivery. The Bonds shall be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved, or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond shall not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Authenticating Agent. Certificates of authentication on different Bonds need not be signed by the same representative of the Authenticating Agent. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed, and authenticated the City Administrator shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. Section 3. Form of Bond. 3.01. Execution of the Bonds. The Bonds shall be printed or typewritten in substantially the form attached hereto as EXHIBIT B. 3.02. Approving Legal Opinion. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and cause the opinion to accompany each Bond. Section 4. Payment; Security; Funds; Pledges and Covenants. 4.01. Debt Service Fund. The Bonds shall be payable from the General Obligation Capital Improvement Plan Bonds, Series 2025A Debt Service Fund (the "Debt Service Fund") hereby created, and (i) the proceeds of ad valorem taxes hereinafter levied to pay the debt service on the Bonds; and (ii) capitalized interest financed from the proceeds of the Bonds, if any, are hereby pledged to the Debt Service Fund. The DOCSOPEN-AR200-22-1009630A-4/21/25 6 amounts to be applied to pay the principal of and interest on the Bonds shall be deposited in the Debt Service Fund at least three (3) days prior to each respective interest payment date and principal payment date. There is appropriated to the Debt Service Fund amounts over the minimum purchase price of the Bonds paid by the Purchaser to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 hereof 4.02. Construction Fund. The City hereby creates the General Obligation Capital Improvement Plan Bonds, Series 2025A Construction Fund (the "Construction Fund"). Proceeds of the Bonds (reduced by the appropriation made in accordance with Section 5.04 to pay costs of issuance and the appropriation, if any, of any portion of the Bonds made in accordance with Section 4.01 hereof) shall be deposited in the Construction Fund and used solely to pay costs of the Project. Any balance remaining in the Construction Fund after completion of the Project may be used for any other public use authorized by law and approved by resolution adopted or vote taken in the manner required to authorize the application of the proceeds of the Bonds for such new use and purpose, or credited to the Debt Service Fund or other City debt service fund, all in accordance with Section 475.65 of the Act. A portion of the proceeds of the Bonds in the amount of $ is hereby allocated to the Construction Fund. 4.03. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds, as the same respectively become due, the full faith and credit and taxing powers of the City are hereby irrevocably pledged. If a payment of principal of or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director must pay such principal or interest from the general fund of the City, and the general fund shall be reimbursed for those advances out of the proceeds of the Taxes (as hereinafter defined) levied herein, when collected. 4.04. Pledge of Taxes. For the purpose of paying the principal of and interest on the Bonds, there are levied direct, annual, irrepealable, ad valorem taxes upon all of the taxable property in the City (the "Taxes"), to be spread upon the tax rolls and collected with and as part of other general taxes of the City. The Taxes shall be credited to the Debt Service Fund above provided and shall be levied in the years and amounts set forth in EXHIBIT C attached to this Resolution and, in the event the Taxes so levied are ever insufficient to pay the principal of and interest on the Bonds, additional taxes are hereby authorized to be levied without limitation as to rate or amount. Said tax levies shall be irrevocable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by the Act (specifically, Section 475.61 of the Act). 4.05. Debt Service Coverage. It is determined that the estimated collection of Taxes levied in accordance with Section 4.04 hereof shall produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies herein provided shall be irrepealable until all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance Director may certify to the County Auditor -Treasurer of Ramsey County, Minnesota (the "County Auditor") that the City made an irrevocable appropriation of a specified amount to the Debt Service Fund of money actually on hand or if there is on hand any excess amount in the Debt Service Fund and the County Auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. 4.06. Registration of Resolution. The Finance Director is authorized and directed to file a certified copy of this Resolution with the County Auditor and to obtain the certificate required by Section 475.63 of the Act. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits, and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of DOCSOPEN-AR200-22-1009630A-4/21/25 7 the Bonds, and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Official Statement. The Mayor, the City Administrator, and the Finance Director, or any of their authorized designees, are authorized and directed to certify that they have examined the final Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the final Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the final Official Statement and further that said final Official Statement did not (as of the date of the final Official Statement) and does not contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which the final Official Statement is to be used, or which is necessary in order to make the statements made therein, in light of the circumstances under which they are made, not misleading. 5.03. Other Certificates. The Mayor, the City Administrator, and the Finance Director, or any of their authorized designees, are hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers, at the closing the Mayor, the City Administrator, and the Finance Director shall also execute and deliver to the Purchaser a suitable certificate as to absence of material litigation, and the Finance Director shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, National Association on the closing date for further distribution as directed by the Municipal Advisor. 5.05. Electronic Signatures. The electronic signatures of the Mayor, the City Administrator, and the Finance Director, or any of their authorized designees, to this Resolution and any document or certificate authorized to be executed hereunder shall be as valid as an original signature of such party and shall be effective to bind the City thereto. For purposes hereof, (i) "electronic signature" means: (a) a manually signed original signature that is then transmitted by electronic means or (b) a signature obtained through DocuSign or Adobe or a similarly digitally auditable signature gathering process; and (ii) "transmitted by electronic means" means sent in the form of a facsimile or sent via the internet as a portable document format ("pdf') or other replicating image attached to an electronic mail or internet message. Section 6. Tax Covenants. 6.01. Tax -Exempt Bonds. The City shall comply with all the necessary requirements and take all necessary actions (or decline to take prohibited actions) to ensure that interest on the Bonds shall not be includable in gross income for federal income tax purposes under Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations promulgated thereunder (the "Regulations"). The City covenants and agrees with the holders from time to time of the Bonds that it shall not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to federal income taxation under the Code and the Regulations, in effect at the time of such actions, and that it shall take or cause its officers, employees, or agents to take all affirmative action within their powers that may be necessary to ensure that such interest shall not become includable in gross income for federal income tax purposes under the Code and applicable Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. DOCSOPEN-AR200-22-1009630A-4/21/25 6.02. Continuing Requirements. The City shall comply with all requirements necessary under the Code and Regulations to establish and maintain the exclusion from gross income of the interest on the Bonds under Sections 103 and 141-150 of the Code and applicable Regulations including, without limitation, requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. The Mayor and the City Administrator, being officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations stating the facts, estimates, and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the "gross proceeds" of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of the Code and the Regulations. The City covenants and agrees to retain such records, make such determinations, file such reports and documents, and pay such amounts at such times as are required under Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement in accordance with one of the spending exceptions set forth in Section 1.148-7 or Section 1.148-8 of the Regulations. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations and covenants made by this section. 6.03. No Rebate Required. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements (under Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations), the City finds, determines, and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000. For purposes of this Section 6.03, the City reasonably expects that the aggregate face amount of the Bonds will be equal to $3,080,000. 6.04. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be determined to constitute "private activity bonds," within the meaning of Sections 103 and 141 through 150 of the Code and the applicable Regulations promulgated thereunder. 6.05. Qualified Tax -Exempt Obli atg ions. The City hereby designates the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(b)(3) of the Code. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which shall be issued by the City (and all subordinate entities of the City) during calendar year 2025 shall not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2025 shall be designated for purposes of Section 265(b)(3) of the Code. Section 7. Book-EntrySystem; Limited Obligation of City. 7.01. DTC. The Bonds shall be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each Bond shall be registered in the registration books kept by the Registrar in the name of Cede DOCSOPEN-AR200-22-1009630A-4/21/25 9 & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of DTC, the City, the Registrar, and the Paying Agent shall have no responsibility or obligation to any broker -dealers, banks, and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds; (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption; or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar, and the Paying Agent may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the Bond Register, shall receive a certificated Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co." shall refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator shall promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-EntEy S sue. In the event the City, by resolution of the Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer, and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Registrar shall authenticate Bond certificates in accordance with this resolution and the provisions hereof shall apply to the transfer, exchange, and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond shall be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. DOCSOPEN-AR200-22-1009630A-4/21/25 10 Section 8. Continuing Disclosure. 8.01. Execution of Continuing Disclosure Certificate. For purposes of this Section, "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City hereby covenants and agrees to comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. Section 9. Defeasance. When all of the Bonds and all interest thereon have been discharged as provided in this section, all pledges, covenants, and other rights granted by this resolution to the holders of the Bonds shall cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds shall remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. DOCSOPEN-AR200-22-1009630A-4/21/25 11 The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof - and the following voted against the same: whereupon the resolution was declared duly passed and adopted. DOCSOPEN-AR200-22-1009630A-4/21/25 12 EXHIBIT A PURCHASE AGREEMENT DOCSOPEN-AR200-22-1009630.v3-4/21/25 A_ 1 ►ns EXHIBIT B FORM OF BOND UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS SERIES 2025A Interest Rate .000% Maturity Date February 1, 20 REGISTERED OWNER: CEDE & CO. Date of Original Issue May , 2025 PRINCIPAL AMOUNT: THOUSAND DOLLARS CUSIP The City of Arden Hills, a duly organized and existing municipal corporation in Ramsey County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the Principal Amount specified above, on the Maturity Date specified above, with interest thereon from the date hereof at the annual rate specified above (calculated on the basis of a 360-day year of twelve 30-day months), payable February 1 and August 1 in each year, commencing February 1, 2026, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Bond Trust Services Corporation, Roseville, Minnesota, as Registrar, Paying Agent, and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2035, and on any date thereafter to prepay Bonds due on or after February 1, 2036. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City shall notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC shall determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant shall then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments shall be at a price of par plus accrued interest to the optional redemption date. DOCSOPEN-AR200-22-1009630A-4/21/25 B-1 [The Bonds maturing on February 1, 20_, and February 1, 20_, shall hereinafter be referred to collectively as the "Term Bonds." The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts as follows: Mandatory Sinking Fund Redemptions February 1, 20 Term Bond Year Principal Amount * Maturity February 1, 20 Term Bond Year Principal Amount The principal amount of Term Bonds subject to mandatory sinking fund redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of the Term Bond credited against future mandatory sinking fund redemptions of such Term Bonds in such order as the City shall determine.] This Bond is one of an issue in the aggregate principal amount of $[3,080,000] all of like original issue date and tenor, except as to number, maturity date, interest rate, redemption privilege and denomination, all issued pursuant to a resolution adopted by the City Council of the City on April 28, 2025 (the "Resolution"), for the purpose of providing money to aid in financing improvements to City facilities as outlined in the City's 2025 through 2029 Five -Year Capital Improvement Plan, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475, as amended, including Minnesota Statutes, Section 475.521, as amended, and the principal hereof and interest hereon are payable from ad valorem taxes, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in ad valorem taxes pledged, which additional taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), relating to the disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City shall cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee, or governmental charge required to be paid with respect to such transfer or exchange. DOCSOPEN-AR200-22-1009630A-4/21/25 B-2 The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED, AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed preliminary to and in the issuance of this Bond in order to make this Bond a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened, and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. DOCSOPEN-AR200-22-1009630A-4/21/25 B-3 IN WITNESS WHEREOF, City of Arden Hills, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator and has caused this Bond to be dated as of the date set forth below. Dated: May , 2025 CITY OF ARDEN HILLS, MINNESOTA (Facsimile) (Facsimile) Mayor City Administrator CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. BOND TRUST SERVICES CORPORATION By Its Authorized Representative DOCSOPEN-AR200-22-1009630A-4/21/25 B-4 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STEMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not transfer this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert federal identification or other identifying number of assignee DOCSOPEN-AR200-22-1009630A-4/21/25 B_S PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. May , 2025 Federal ID #13-2555119 DOCSOPEN-AR200-22-1009630.v3-4/21/25 B-6 EXHIBIT C TAX LEVY SCHEDULES DOCSOPEN-AR200-22-1009630.v3-4/21/25 C_ 1 STATE OF MINNESOTA ) COUNTY OF RAMSEY ) ss. CITY OF ARDEN HILLS ) I, the undersigned, being the duly qualified City Administrator of City of Arden Hills, Ramsey County, Minnesota (the "City"), do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 28, 2025, with the original minutes on file in my office, and the extract is a full, true, and correct copy of the minutes insofar as they relate to the issuance and sale of the City's General Obligation Capital Improvement Plan Bonds, Series 2025A, in the original aggregate principal amount of $[3,080,000]. WITNESS My hand officially as such City Administrator this day of April, 2025. City Administrator City of Arden Hills, Ramsey County, Minnesota DOCSOPEN-AR200-22-1009630.v3-4/21/25 Bench Handout , April 28 2025 p SALE DAY REPORT FOR: City of Arden Hills, Minnesota $2,895,000 General Obligation Capital Improvement Plan Bonds, Series 2025A b EHLERS Prepared by: Stacie Kvilvang, Ehlers Senior Municipal Advisor 3060 Centre Pointe Drive Roseville, MN 55113 Jason Aarsvold, Senior Municipal Advisor BUILDING COMMUNITIES. IT'S WHAT WE DO. Competitive Sale Results PURPOSE: For the purpose of financing the City's proportionate share of the costs of constructing a new fire station in the City. RATING: S&P Global Ratings AAA NUMBER OF BIDS: 5 LOW BIDDER: Baird, Milwaukee, Wisconsin COMPARISON FROM LOWEST TO HIGHEST BID: (TIC as bid) LOW BID:* 3.7111% HIGH BID: 3.9380% Summary of Sale Results: Principal Amount*: $2,895,000 Underwriter's Discount: $29,530 Reoffering Premium: $171,872 True Interest Cost: 3.7139% Capitalized Interest: $91,197 Costs of Issuance: $59,840 Yield: 3.04%-3.80% Total Net P&I $3,997,100 NOTES: Subsequent to bid opening, the issue size was decreased by $185,000 to $2,895,000 due to receipt of a premium bid and unused COI and underwriters discount. CLOSING DATE: May 20, 2025 CITY COUNCIL Adopt a resolution awarding the sale of $2,895,000 General ACTION: Obligation Capital Improvement Plan Bonds, Series 2025A. SUPPLEMENTARY ATTACHMENTS • Bid Tabulation • Sources and Uses of Funds & Updated Debt Service Schedules • Rating Report (provided by S & P to City via email) Sale Day Report for City of Arden Hills, Minnesota 1 r::'%" EHLE,R,,,,,S BID TABULATION $3,080,000* General Obligation Capital Improvement Plan Bonds, Series 2025A City of Arden Hills, Minnesota SALE: April 28, 2025 AWARD: BAIRD Rating: S&P Global Ratings"AAA" Tax Exempt-Bank Qualified TRUE MATURITY COUPON REOFFERING PRICE INTEREST NAME OF BIDDER (February 1) RATE YIELD RATE BAD $3,232,289.20 3.7111% Milwaukee,Wisconsin 2027 5.000% 3.040% C.L.King&Associates 2028 5.000% 3.060% Colliers Securities LLC 2029 5.000% 3.110% Edward Jones 2030 5.000% 3.160% Fidelity Capital Markets 2031 5.000% 3.200% Crews&Associates,Inc. 2032 5.000% 3.250% SouthState/Duncan Williams Securities Corp 2033 5.000% 3.310% Country Club Bank 2034 5.000% 3.400% The Baker Group 2035 5.000% 3.480% Alliance Global Partners 2036 4.000% 3.550% CADZ Securities Inc 2037 4.000% 3.600% Celadon Financial Group, LLC 2038 4.000% 3.650% Isaak Bond Investments,Inc 2039 4.000% 3.700% Carty,Harding&Hearn,Inc. 2040 4.000% 3.750% UMB Bank,N.A. 2041 4.000% 3.800% FMS Bonds Inc. Central States Capital Markets Midland Securities First Southern LLC Dinosaur Financial Group First Bankers'Banc Securities,Inc Mountainside Securities LLC Blaylock Van,LL( StoneX Financial Inc. Falcon Square Capital Caldwell Sutter Capital,Inc. ZIONS BANK,division of ZB,N.A. f Subsequent to bid opening the issue size was decreased to $2,895,000. Adjusted Price: $3,037,341.24 Adjusted Net Interest Cost: $1,050,955.43 Adjusted TIC: 3.7139% BUILDING COMMUNITIES. IT'S WHAT WE DO. info(&ehlers-inc.com 1 (800)552-1171 a) www.ehlers-inc.com TRUE INTEREST NAME OF BIDDER RATE RAYMOND JAMES& 3.7177% ASSOCIATES,INC. St.Petersburg,Florida UNITED BANKERS'BANK 3.7398% Bloomington,Minnesota NORTHLAND SECURITIES,INC. 3.7538% Minneapolis,Minnesota STIFEL,NICOLAUS&COMPANY, 3.9380% INCORPORATED Birmingham,Alabama Bid Tabulation April 28, 2025 City of Arden Hills, Minnesota $3,080,000* General Obligation Capital Improvement Plan Bonds, Series 2025A Page 2 City of Arden Hills, Minnesota $2,895,000 General Obligation Captial Improvement Plan Bonds, Series 2025A Sources & Uses Dated 05/20/2025 1 Delivered 05/20/2025 Sources Of Funds Par Amount of Bonds $2,895,000.00 Reoffering Premium 171,871.65 Total Sources $3,066,871.65 Uses Of Funds Total Underwriter's Discount (1.020%) 29,530.41 Costs of Issuance 59,840.00 Deposit to Capitalized Interest(CIF)Fund 91,196.67 Deposit to Project Construction Fund 2,886,304.57 Total Uses $3,066,871.65 ArdenHills Series 2025A G I SINGLE PURPOSE 1 4/28/2025 1 10,53 AM EHLERS City of Arden Hills, Minnesota $2,895,000 General Obligation Captial Improvement Plan Bonds, Series 2025A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 05/20/2025 - - - 02/01/2026 91,196.67 91,196.67 91,196.67 08/01/2026 - - 65,400.00 65,400.00 - 02/01/2027 135,000.00 5.000% 65,400.00 200,400.00 265,800.00 08/01/2027 - - 62,025.00 62,025.00 - 02/01/2028 145,000.00 5.000% 62,025.00 207,025.00 269,050.00 08/01/2028 - - 58,400.00 58,400.00 - 02/01/2029 150,000.00 5.000% 58,400.00 208,400.00 266,800.00 08/01/2029 - - 54,650.00 54,650.00 - 02/01/2030 160,000.00 5.000% 54,650.00 214,650.00 269,300.00 08/01/2030 - - 50,650.00 50,650.00 - 02/01/2031 165,000.00 5.000% 50,650.00 215,650.00 266,300.00 08/01/2031 - - 46,525.00 46,525.00 - 02/01/2032 175,000.00 5.000% 46,525.00 221,525.00 268,050.00 08/01/2032 - - 42,150.00 42,150.00 - 02/01/2033 180,000.00 5.000% 42,150.00 222,150.00 264,300.00 08/01/2033 - - 37,650.00 37,650.00 - 02/01/2034 190,000.00 5.000% 37,650.00 227,650.00 265,300.00 08/01/2034 - - 32,900.00 32,900.00 - 02/01/2035 200,000.00 5.000% 32,900.00 232,900.00 265,800.00 08/01/2035 - - 27,900.00 27,900.00 - 02/01/2036 210,000.00 4.000% 27,900.00 237,900.00 265,800.00 08/01/2036 - - 23,700.00 23,700.00 - 02/01/2037 220,000.00 4.000% 23,700.00 243,700.00 267,400.00 08/01/2037 - - 19,300.00 19,300.00 - 02/01/2038 230,000.00 4.000% 19,300.00 249,300.00 268,600.00 08/01/2038 - - 14,700.00 14,700.00 - 02/01/2039 235,000.00 4.000% 14,700.00 249,700.00 264,400.00 08/01/2039 - - 10,000.00 10,000.00 - 02/01/2040 245,000.00 4.000% 10,000.00 255,000.00 265,000.00 08/01/2040 - - 5,100.00 5,100.00 - 02/01/2041 255,000.00 4.000% 5,100.00 260,100.00 265,200.00 Total $2,895,000.00 - $1,193,296.67 $4,088,296.67 - Yield Statistics Bond Year Dollars $27,578.46 Average Life 9.526 Years Average Coupon 4.3269158% Net Interest Cost(NIC) 3.8107838% True Interest Cost(TIC) 3.7139575% Bond Yield for Arbitrage Purposes 3.5575216% All Inclusive Cost(AIC) 3.9778467% IRS Form 8038 Net Interest Cost 3.5257218% Weighted Average Maturity 9.446 Years ArdenHills Series 2025A G I SINGLE PURPOSE 1 4/28/2025 1 10:53 AM g'%."E1HLr=RS City of Arden Hills, Minnesota $2,895,000 General Obligation Captial Improvement Plan Bonds, Series 2025A Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P+I CIF Net New D/S Total 05/20/2025 - - 02/01/2026 91,196.67 91,196.67 (91,196.67) - 08/01/2026 - - 65,400.00 65,400.00 65,400.00 - 02/01/2027 135,000.00 5.000% 65,400.00 200,400.00 200,400.00 265,800.00 08/01/2027 - - 62,025.00 62,025.00 62,025.00 - 02/01/2028 145,000.00 5.000% 62,025.00 207,025.00 207,025.00 269,050.00 08/01/2028 - - 58,400.00 58,400.00 58,400.00 - 02/01/2029 150,000.00 5.000% 58,400.00 208,400.00 208,400.00 266,800.00 08/01/2029 - - 54,650.00 54,650.00 54,650.00 - 02/01/2030 160,000.00 5.000% 54,650.00 214,650.00 214,650.00 269,300.00 08/01/2030 - - 50,650.00 50,650.00 50,650.00 - 02/01/2031 165,000.00 5.000% 50,650.00 215,650.00 215,650.00 266,300.00 08/01/2031 - - 46,525.00 46,525.00 46,525.00 - 02/01/2032 175,000.00 5.000% 46,525.00 221,525.00 221,525.00 268,050.00 08/01/2032 - - 42,150.00 42,150.00 42,150.00 - 02/01/2033 180,000.00 5.000% 42,150.00 222,150.00 222,150.00 264,300.00 08/01/2033 - - 37,650.00 37,650.00 37,650.00 - 02/01/2034 190,000.00 5.000% 37,650.00 227,650.00 227,650.00 265,300.00 08/01/2034 - - 32,900.00 32,900.00 32,900.00 - 02/01/2035 200,000.00 5.000% 32,900.00 232,900.00 232,900.00 265,800.00 - 08/01/2035 - - 27,900.00 27,900.00 27,900.00 - 02/01/2036 210,000.00 4.000% 27,900.00 237,900.00 237,900.00 265,800.00 08/01/2036 - - 23,700.00 23,700.00 23,700.00 - 02/01/2037 220,000.00 4.000% 23,700.00 243,700.00 243,700.00 267,400.00 08/01/2037 - - 19,300.00 19,300.00 19,300.00 - 02/01/2038 230,000.00 4.000% 19,300.00 249,300.00 249,300.00 268,600.00 08/01/2038 - - 14,700.00 14,700.00 14,700.00 - 02/01/2039 235,000.00 4.000% 14,700.00 249,700.00 249,700.00 264,400.00 08/01/2039 - - 10,000.00 10,000.00 10,000.00 - 02/01/2040 245,000.00 4.000% 10,000.00 255,000.00 255,000.00 265,000.00 08/01/2040 - 5,100.00 5,100.00 5,100.00 - 02/01/2041 255,000.00 4.000% 5,100.00 260,100.00 260,100.00 265,200.00 Total $2,895,000.00 - $1,193,296.67 $4,088,296.67 (91,196.67) $3,997,100.00 - Significant Dates Dated 5/20/2025 First available call date 2/01/2035 ArdenHills Series 2025A G I SINGLE PURPOSE 1 4/28/2025 1 10:53 AM EHLERS City of Arden Hills, Minnesota $2,895,000 General Obligation Captial Improvement Plan Bonds, Series 2025A Debt Service Schedule 105%of Date Principal Coupon Interest Total P+l CIF Net New D/S Total 02/01/2026 - - 91,196.67 91,196.67 (91,196.67) - - 02/01/2027 135,000.00 5.000% 130,800.00 265,800.00 265,800.00 279,090.00 02/01/2028 145,000.00 5.000% 124,050.00 269,050.00 269,050.00 282,502.50 02/01/2029 150,000.00 5.000% 116,800.00 266,800.00 266,800.00 280,140.00 02/01/2030 160,000.00 5.000% 109,300.00 269,300.00 269,300.00 282,765.00 02/01/2031 165,000.00 5.000% 101,300.00 266,300.00 266,300.00 279,615.00 02/01/2032 175,000.00 5.000% 93,050.00 268,050.00 268,050.00 281,452.50 02/01/2033 180,000.00 5.000% 84,300.00 264,300.00 264,300.00 277,515.00 02/01/2034 190,000.00 5.000% 75,300.00 265,300.00 265,300.00 278,565.00 02/01/2035 200,000.00 5.000% 65,800.00 265,800.00 265,800.00 279,090.00 02/01/2036 210,000.00 4.000% 55,800.00 265,800.00 265,800.00 279,090.00 02/01/2037 220,000.00 4.000% 47,400.00 267,400.00 267,400.00 280,770.00 02/01/2038 230,000.00 4.000% 38,600.00 268,600.00 268,600.00 282,030.00 02/01/2039 235,000.00 4.000% 29,400.00 264,400.00 264,400.00 277,620.00 02/01/2040 245,000.00 4.000% 20,000.00 265,000.00 265,000.00 278,250.00 02/01/2041 255,000.00 4.000% 10,200.00 265,200.00 265,200.00 278,460.00 Total $2,895,000.00 - $1,193,296.67 $4,088,296.67 (91,196.67) $3,997,100.00 $4,196,955.00 Significant Dates Dated 5/20/2025 First Coupon Date 2/01/2026 Yield Statistics Bond Year Dollars $27,578.46 Average Life 9.526 Years Average Coupon 4.3269158% Net Interest Cost(NIC) 3.8107838% True Interest Cost(TIC) 3.7139575% Bond Yield for Arbitrage Purposes 3.5575216% All Inclusive Cost(AIC) 3.9778467% ArdenHills Series 2025A G I SINGLE PURPOSE 1 4/28/2025 1 10:53 AM 19 k EHLERS City of Arden Hills, Minnesota $2,895,000 General Obligation Captial Improvement Plan Bonds, Series 2025A Detail Costs Of Issuance Dated 05/20/2025 1 Delivered 05/20/2025 COSTS OF ISSUANCE DETAIL Municipal Advisor $37,400.00 Bond Counsel(Kennedy&Graven) $6,000.00 Rating Agency Fee(S&P) $15,250.00 Paying Agent(Bond Trust Services) $925.00 Ramsey County Fee $265.00 TOTAL $59,840.00 ArdenHills Series 2025A G I SINGLE PURPOSE 1 4/28/2025 1 10,53 AM g'Z"'EHLERS CONSENT ITEM - 8E -ADEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, City Administrator SUBJECT: Accept Resignation of Building & Code Enforcement Inspector Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Resignation of the Building & Code Enforcement Inspector. Background The current Building & Code Enforcement Inspector has submitted their resignation with a last day of May 8, 2025. This item will officially accept their resignation. A separate item regarding recruitment will be brought forward under item 8F. Budget Impact None. A 44....i,.ti,. 4- N/A Page 1 of 1 CONSENT ITEM - 8F It -fi II��EN_ HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, City Administrator SUBJECT: Authorization to Recruit for a Building & Code Enforcement Inspector Budgeted Amount: Actual Amount: Funding Source: $95,962 (Grade 12, Step 1) TBD General Fund -Building Inspections Council Should Consider Motions to approve, table, or deny the following: • Authorization to Recruit for a Building & Code Enforcement Inspector position. Background The City will have a vacancy following the resignation of the Building & Code Enforcement Inspector. Below is an example of a typical recruitment process: -Council approves authorization to begin the recruitment process -Staff posts for the position -Staff reviews applications and selects interview candidates and selects a finalist -Staff will bring forward a finalist for official Council approval Councilmembers have previously expressed an interest in being part of the interview panel for certain positions at City Hall; currently no Councilmembers are slated to be on the interview panel for this position. Should Council want to discuss if any Councilmembers would want to be designated to participate that should occur with this authorization (it would need to be pulled from Consent and approved). Budget Impact This position is filling an existing budgeted position and should not adversely affect the budget. Attachments Attachment A: Job Description Page l of 1 'It Attachment A -tZ D�EN,HILLS CITY OF ARDEN HILLS POSITION DESCRIPTION Position Title: Building & Code Enforcement Inspector Department: Community Development Accountable to: Building Official Positions Supervised: None Status: Regular Full Time, Non -Exempt May 2024 PRIMARY OBJECTIVES Performs intermediate skilled technical work administering, supervising and managing the issuance of all building permits for commercial, industrial, and residential projects, ensuring building code and construction -related code enforcement compliance, assisting with plan reviews and inspections, responding to resident calls, assisting with walk-in customers, writing detailed reports and related duties as assigned. Acts as the City's Code Enforcement Officer for Public Nuisances. Work is performed under the limited supervision of the Building Official. QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ESSENTIAL FUNCTIONS OF THE POSITION Conducts inspections of new or remodeled buildings for compliance with applicable codes and ordinances governing construction, plumbing, mechanical, housing and zoning. • Consistently and fairly interprets codes in a professional manner. • Conducts inspections in a businesslike and impartial manner that commands the respect of contractors and property owners. • Makes inspections as scheduled to avoid causing unnecessary delays in construction. • Inspects all types of structures for compliance with all aspects of the City and State Building Codes, including but not limited to building, plumbing and mechanical requirements. Also responsible for enforcing compliance with all City zoning regulations and other relevant City codes. • Assists residents, building owners, designers, and contractors with interpretation of City Codes and finding solutions to problems and concerns. • Follows up on violations or code issues to ensure that corrective action has been taken. • Responds to public inquiries and complaints. • Records and maintains appropriate records and documentation. Assures review and approval of all requests for building or remodeling permits and issues appropriate permits. • Checks plans for compliance with existing building, plumbing, and zoning requirements. • Reviews requests with Building Official or Department Head to ensure proper interpretation and implementation of City policies, plans and programs. • Calculates Building Permit fees and ensures that all fees are assessed accordingly to facilitate the timely collection of such fees. Identifies code violations and recommends to property owners and/or contractors the steps necessary to achieve compliance. • Maintains appropriate records of all inspections, citations, etc., for future reference. • Communicates effectively with contractors and property owners to ensure compliance with regulatory codes and City ordinances. Follows up on all zoning and City code violations noted to ensure that appropriate action has been taken. • May discuss with Building Official and City Attorney the basis for a citation to determine legal justification. • Assists Building Official in inspecting projects to assure final product complies with City ordinances and any special conditions required by City Council action; withholds Certificate of Occupancy for non-compliance. May assist Building Official and other staff in reviewing development proposals; makes recommendations when appropriate, compliance to code and ordinance for items including: • Identifying potential code/building problems prior to Planning Commission/Council consideration. Interprets codes and ordinances upon request by interested parties to ensure a clear understanding of and compliance with regulations. • Keeps updated on regulatory codes and their interpretation. • Maintains appropriate certification by State as a Building Inspector. Participates with the Building Official in administering flood plain regulations for the City of Arden Hills to ensure the safety in the Flood Zone. • Recognizes potential hazards to the public health and safety. Recommends and follows through to see that appropriate ordinances and regulations are established to eliminate the public health and safety hazard. • Assures compliance with State and Federal flood control regulations on a day-to-day basis and works with local agencies and Watershed District to ensure flood safety. Assists the Building Official and Planner in handling and responding to Zoning Ordinance violations and complaints, and makes inspections to protect the health and safety of the public. • Recognizes potential hazards to the public health and safety; reports and follows through to see that corrective action is taken. • Keeps updated on regulatory codes and their interpretation. Represents the City of Arden Hills in a manner that commands respect of the public, contractors, and citizens. 16 • Attends meetings as assigned or as requested when matters relate to responsibilities assigned. Keeps the Building Official, Planner and Department Head informed of important developments that may be of interest to them, and makes recommendations where changes in policy should be considered. EDUCATION and/or EXPERIENCE Associate's degree or Certification in relevant fields and considerable experience in construction and municipal inspections, or equivalent combination of education and experience. KNOWLEDGE, SKILLS AND ABILITIES General knowledge of all types of building construction materials and methods; general knowledge of stages of construction when possible violations and defects may be most easily observed and corrected; general knowledge of State building and related codes and laws and ordinances; ability to detect poor workmanship, inferior materials, and hazards of fire and collapse; ability to read and interpret plans, specifications and blueprints accurately and to compare them with construction in process; ability to contact building owners, contractors and the public and effect satisfactory working relationships; ability to demonstrate firmness and tact in enforcing building codes; ability to establish and maintain effective working relationships with associates. PHYSICAL DEMANDS This work requires the occasional exertion of up to 50 pounds of force; work frequently standing, walking, sitting, speaking or hearing, using hands to finger, handle or feel, climbing or balancing, stooping, kneeling, crouching or crawling, reaching with hands and arms, tasting or smelling, pushing or pulling and repetitive motions and occasionally requires lifting; work requires close vision, distance vision, ability to adjust focus, depth perception, color perception, night vision and peripheral vision; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data, visual inspection involving small defects and/or small parts, using of measuring devices, assembly or fabrication of parts within arms -length, operating machines, operating motor vehicles or equipment and observing general surroundings and activities; work frequently requires working near moving mechanical parts, exposure to outdoor weather conditions, exposure to extreme cold (non -weather) and exposure to extreme heat (non -weather) and occasionally requires working in high, precarious places, exposure to fumes or airborne particles, exposure to toxic or caustic chemicals, exposure to the risk of electrical shock and exposure to vibration; work is generally in a loud noise location (e.g. grounds maintenance, heavy traffic). SPECIAL REQUIREMENTS Building Official Certification or Limited Building Official - State of Minnesota. Valid driver's license. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. CITY OF ARDEN HILLS IS AN EQUAL OPPORTUNITY EMPLOYER NON-DISCRIMINATION POLICY The City of Arden Hills does not discriminate on the basis of handicapped status in the admission or access to or treatment or employment in its programs and activities. K CONSENT ITEM - 8G r -ARPEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: Old Highway 10 Trail Improvements —Metropolitan Council Regional Solicitation Safe Routes to School Grant Agreement Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Metropolitan Council Regional Solicitation Safe Routes to School Grant Agreement in the amount of $1,000,000. Background/Discussion On August 28, 2024, the City of Arden Hills was awarded the Metropolitan Council Regional Solicitation SRTS Grant in the amount of $1,000,000. Attachment A is the related Grant Agreement with Metropolitan Council. City Staff recommends the City Council approve the Grant Agreement and then will forward to Metropolitan Council to obtain a fully executed document. Staff reviewed the terms of the agreement to see when payments can be requested and found that a signed construction contract is required before the initial 50% advance payment can be released. Budget Impact The Old Highway 10 Trail Improvements project is in the proposed 2025-2029 CIP and tentatively scheduled for 2026 construction, project funding would be derived from the City's PIR-Parks fund, Municipal State Aid (MSA), Ramsey County cost -share and grant funding. Pagel of 2 General Trail Construction $ 950,221 Boardwalk $ 710,042 Retaining Walls $ 511,034 Stormwater BMP and Sewer $ 1,023,427 Construction Sub -Total $ 3,194,724 Construction Contigency (10%) $ 319,472 Engineering (209,16) $ 638,945 Easements/Acquisitions $ 300,000 Total Project Cost $ 4,453,141 The City was awarded the Metropolitan Council Regional Solicitation SRTS grant of $1,000,000. Ramsey County has programmed $700,000 to their TIP in 2026 for the proposed trail project. Total Project Cost $4,454,441 Met Council Regional Solicitation (SRTS) ($1,000,000) MnDOT SRTS Grant ($1,000,000) Ramsey County Contribution ($700 000) City Obligation $1,755,000 City Staff should receive the award decision related to the MnDOT SRTS Grant on April 30th 2025. Of the City's Obligation, roughly $1,755,000, $1,115,855 would be considered Municipal State Aid eligible costs, with the remaining $639,145 to be funded from the City's PIR-Parks fund. Attachments Attachment A - Metropolitan Council Regional Solicitation Safe Routes to School Grant Agreement Page 2 of 2 Attachment A Transit Financial Assistance Grant Agreement Regional Sales and Use Tax Grantee: City of Arden Hills SG-25M-AT-01 Project: Old Highway 10 Trail Safe Routes to Schools Improvements Grant Amount: $1,000,000 Council Action: Business Item No. 2024-196 Required 20% Match: 250,000 Council Action Date: August 28, 2024 Additional Local Funds: $2,429,000 Total Project Cost: $3,679,000 Funding Authority: Minnesota Statutes, section 473.4465 Funding Source: Regional Transportation Sales and Use Tax Revenue Effective Date: Date Agreement is Executed Project Activity Period: January 1, 2025 through December 31, 2028 Expiration Date: December 31, 2028 Grant Administrator: Arin Knutson AGREEMENT THIS GRANT AGREEMENT is made and entered into by and between the Metropolitan Council ("Council") and the GRANTEE ("Grantee") each acting by and through their duly authorized representatives. RECITALS: 1. Minnesota Statutes, section 297A.9915, requires the Council to impose a metropolitan -area regional transportation sales and use tax and under Minnesota Statutes, section 473.4465, the Council must specify the purposes for which the "sales tax revenue" must be used. 2. Minnesota Statutes, section 473.4465, subdivisions 2 and 3 make five percent of the sales tax revenue available for grants to support active transportation within the metropolitan area and authorize the Transportation Advisory Board to establish eligibility requirements and a selection process to provide the grant awards. 3. The Grantee sought funding in connection with an application through the Regional Solicitation submitted in response to the Council's notice of availability of grant funds and will use the grant funds made available under this Agreement to help fund the "Project" identified in the application. 1 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax 4. The Council awarded active transportation grant program funds to the Grantee subject to any terms, conditions, and clarifications stated in its Council Action, and with the understanding that the "Project" identified in the application will proceed to completion in a timely manner, all grant funds will be expended prior to the "Expiration Date" identified above and Project construction will be completed before the "Expiration Date." NOW, THEREFORE, the Council and the Grantee agree as follows: I. PROJECT; APPROVED BUDGET AND MATERIAL REPRESENTATIONS 1.01 Project. The Grantee agrees to perform and complete in a satisfactory and proper manner the Project specified in Exhibit A in accordance with the terms and conditions of this Agreement. The Project describes the activities to be completed by the Grantee and a proposed schedule for the completion of the Project. All Project activities must be consistent with the approved scope of work and the approved budget detailed below. Any proposed change to the Project must adhere to the Transportation Advisory Board (TAB) Scope Change Policy. There are three types of scope changes: administrative, informal, and formal. Administrative scope changes are considered minor and can be reviewed and approved by Council staff. Informal scope changes that do not substantively impact the regional benefit of the Project may be approved by Council staff and completed with an executed grant contract amendment. Formal scope changes are changes deemed have the potential to significantly alter the estimated regional benefits of the Project and must go through the formal committee process and be approved by the TAB. In all cases a Grantee initiates a scope change request by submitting a signed letter of request outlining the changes being requested and subsequent impacts to the Project outcomes. 1.02 Approved Budget; Budget Variances. The Grantee will complete the Project in accordance with the approved budget specified in Exhibit A. The Grantee may reallocate up to twenty percent (20%) of the Grant Amount among the grant -funded activities provided: (a) the grant funds may be used only for Project activities for which the Council awarded the grant funds; (b) the reallocation does not significantly change the Project deliverables; and (c) the Grantee receives written permission from Council staff prior to reallocating any grant funds. Budget variances that exceed twenty percent (20%) must be made by written amendment of this Agreement. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this Agreement shall not exceed the Grant Amount identified on Page 1 of this Agreement. 2 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax 1.03 Use of Contractors. The Grantee may engage contractors to perform Project activities. However, the Grantee retains sole responsibility to the Council for performance of the Project activities and the use of contractors does not relieve the Grantee from any of the Grantee's obligations under this Agreement. If the Grantee contracts with any contractors to perform any part of the Project activities, the contract shall include provisions requiring the contractor to: A. Maintain all records and provide all reporting as required by this Agreement; and B. Defend, indemnify, and hold harmless the Council and its members, employees, and agents from and against all claims, suits, demands, damages, judgments, costs, interest, and expenses relating to the contractor's performance of the contracted work; and C. Provide and maintain insurance carrying levels and types of coverage appropriate for the contracted work and naming the Council as an additional insured, and provide to the Grantee —prior to commencement of the contracted worka certificate of insurance evincing such insurance coverage; and D. Be an independent contractor for the purposes of completing the contracted work; and E. Acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between the Council and the contractor. 1.04 Project Plans. The Grantee will be required to submit final project plans for Council review and approval. Final project plans must ensure that the Project is substantially the same as what was described in the application, that basic design standards are met from the MnDOT Facility Design Guide or other applicable design standards, and that requirements of the Americans with Disabilities Act are being met. The Grantee's final project plans must be reviewed and signed by an accredited engineer that attests that the plan meets the minimum standards. 1.05 Right -of -Way Acquisition. Prior to the release of any grant funds, the Grantee must provide documentation that shows that all necessary land rights are under the control of the Grantee for the duration of the project and any necessary agreement(s) are in place. The Grantee must follow all applicable state standards concerning right-of-way acquisition. 1.06 Small Disadvantaged Businesses. If a project receives a grant award greater than $750,000 and the Grantee plans to bid out work to a subcontracting firm, the Grantee must work with the Council's Office of Equity & Equal Opportunity (OEEO) to set subcontracting goals through the Metropolitan Council's Underutilized Business (MCUB) Program. If the Grantee already has an equivalent contracting program in place and provides evidence of such program to the Council the MCUB requirement can be waived. 3 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax 1.07 Material Representations. All representations made or contained in the Grantee's application for grant assistance are material representations of fact upon which the Council relied in awarding this grant assistance and are incorporated by reference into this Agreement. II. AUTHORIZED USE OF GRANT FUNDS 2.01 Authorized Uses. The Grantee is authorized to use the grant funds only for costs directly incurred for the Project activities described in the application for grant funds and specified in Exhibit A and only during the Project Activity Period specified in Paragraph 7.01 and identified on Page 1 of this Agreement. No other use of the grant funds is permitted. 2.02 Eligible Costs. Eligible project costs must be consistent with the TAB Eligible Project costs which include, but are not limited to: construction, crossing aids, lighting, streetscaping, and wayfinding. 2.03 Ineligible Costs. Costs for studies, preliminary engineering, design, right-of-way, and construction engineering are not eligible for reimbursement. III. GRANT AMOUNT AND DISBURSEMENTS 3.01 Grant Amount. The Council will make available to the Grantee a grant of up to the "Grant Amount" identified on page 1 for the Project. The Council's obligation under this Agreement shall not exceed the Grant Amount. The Council shall bear no responsibility for cost overruns that may be incurred by the Grantee, or any of its contractors, in the performance of the Project activities. 3.02 Disbursement of Grant Funds. Grant funds will be disbursed by the Council as follows: A. The first 50% of the Grant Award will be disbursed by the Council after the following conditions have been met: i. This Agreement is fully executed by all parties. ii. Council staff approval of Grantee's final project plan sheets. iii. Council receipt of Grantee's signed construction contract. B. Upon full expenditure of the initial 50% of the Grant Award, Grantees must submit a Grantee Invoice using the form provided by the Council's authorized agent ("Invoice"). C. The Invoice must describe the eligible Project Activities undertaken during the invoice period, itemize the expenditures for which the advance payment was utilized, and identify the corresponding activity line. This submission must also include supporting documentation pursuant to Paragraph 4.01. D. Subject to verification of the submitted Invoice (and the required documentation) and approval for consistency with this Agreement, the Council will approve the 11. Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax expenditure of the 50% advance payment of the Grant Award. The Council may deny part, or all of the submitted Grantee Invoice believed to be unwarranted or unjustified. E. The remaining 50% of the Grant Award will be disbursed on a reimbursement basis after satisfactory review and approval of the expenditure of the initial 50% advance payment and upon receipt of an Invoice or Invoices from the Grantee. F. Each Invoice must describe the eligible Project activities undertaken during the invoice period, itemize the expenditures for which reimbursement is requested, and identify the corresponding grant activity line. Each request must also include supporting documentation pursuant to Paragraph 4.01. G. Subject to verification of each Invoice (and the required documentation) and approval for consistency with this Agreement, the Council will disburse a requested amount to the Grantee within thirty-five (35) days after receipt of a properly completed and verified Invoice. The Council may deny part, or all of any reimbursement request believed to be unwarranted or unjustified. H. No reimbursement payment will be made, which would cause the disbursement of grant funds to exceed, cumulatively through such payment, the Grant Amount. I. Disbursement of any grant funds or approval of any report is not a Council waiver of any Grantee noncompliance with this Agreement. 3.03 Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this Agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the Project activities described or identified in Exhibit A. 3.04 Loss of Grant Funds. The Grantee agrees to remit to the Council in a prompt manner: (1) any unspent grant funds, including any grant funds that are not expended prior to the Expiration Date identified on Page 1 of this Agreement; (2) any grant funds that are not used for the authorized purposes; (3) and any interest earnings described in Section 3.03 that are not used for the purposes of implementing the grant -funded Project activities described or identified in Exhibit A. For the purposes of this Agreement, grant funds are "expended" prior to the Expiration Date if the Grantee pays or is obligated to pay for expenses of eligible grant -funded Project activities that occurred prior to the Expiration Date and the eligible expenses were incurred prior to the Expiration Date. IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received 5 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax from the Council. Notwithstanding the expiration and termination provisions of Sections 7.02, 7.03, 7.04, and 7.05 such accounts and records shall be kept and maintained by the Grantee until the latest of (1) a period of six (6) years following the completion of the Project activities described or identified in Exhibit A, or (2) six (6) years following the expenditure of grant funds, or (3) if any litigation, claim, or audit is commenced during either such period, when all such litigation, claims or audits have been resolved. Accounting methods shall be in accordance with generally accepted accounting principles. If the Grantee engages any contractor to perform any part of the Project activities, the Grantee must include in its contract provisions requiring the contractor to establish and maintain Project information in accordance with the provisions of this Paragraph 4.01. 4.02 Audit. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of six (6) years following the completion of the Project activities or six (6) years following the expenditure of the grant funds, whichever occurs earlier. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years. V. SEMI-ANNUAL AND FINAL REPORTING 5.01 Semi -Annual Reporting. During the Grant Activity Period the Grantee must submit semi- annual progress reports to the Council by July 31 and January 31 of each calendar year of this Agreement. In its report, the Grantee shall describe the current Project spending and projected spending from January to June, and from July to December. The report shall also include the construction activities taken during the reporting period. The Grantee shall provide sufficient documentation thereof and such other information as the Council's staff reasonably requests. 5.02 Final Report. Prior to the final reimbursement, the Grantee shall submit to the Council a final project report for Council review and approval. The Grantee must submit the closeout requirements in a format determined by the Council providing the total Project receipts and expenditures, summarizing all Project activities, and containing a certification by the Grantee's authorized financial representative (e.g., CFO, Financial Director) that all grant funds were expended in accordance with this Agreement. 6 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax VI. MONITORING AND CONSULTATION REQUIREMENTS 6.01 Monitoring Activities. To assist the Council in monitoring compliance with this Agreement, the Grantee agrees to attend Grantee meetings as requested by the Council and to permit site visits by Council staff during business hours upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the Project disseminated by the Grantee during the term of this Agreement. 6.02 Changed Conditions. The Grantee must notify the Council immediately of any changes in conditions, law, ordinance, or regulation, or any other event that may affect the Grantee's ability to complete the Project activities in accordance with the terms of this Agreement. 6.03 Consultation. If the Grantee, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope of costs of the Project activities or any portion of them, the Grantee shall submit to the Grant Administrator a statement describing the situation and the reasons for the Grantee's determination. The review of these proposed changes will then follow the TAB Scope Change Policy, as described in Section 1.01. VII. AGREEMENT TERM 7.01 Project Activity Period. The Grantee will complete all Project activities during the period identified as "Project Activity Period" on page 1. Grant funds may not be used by the Grantee to cover costs incurred for any Project activities taking place prior to or after the Project Activity Period. 7.02 Project Commencement. A formal solicitation for bids must be advertised by December 31, 2026. The Grantee may seek an extension by submitting a written letter of request for TAB approval. If the Grantee does not commence the project by the deadline and does not seek an extension, the Council may cancel the award. 7.03 Term. This Agreement is effective upon execution of this Agreement by the Council. Unless terminated pursuant to Sections 7.05 or 7.06, this Agreement expires on the Expiration Date identified on Page 1 of this Agreement. Failure of the Grantee to timely execute this Agreement does not extend the Expiration Date. The Grantee has ninety (90) calendar days after the Expiration Date to provide documentation and information necessary to close out this Agreement and receive disbursements for grant -funded Project activities as prescribed in Section 2.01. If the Grantee fails to provide necessary documentation and information during this ninety (90)-day close-out period, the Grantee shall not be eligible to receive any unpaid grant funds, and the Council will not disburse any unpaid grant funds to the Grantee. This ninety (90)-day closeout period does not extend any Grantee reporting deadlines established in this Agreement or authorize the Grantee to expend or commit any grant funds after the Expiration Date. 7.04 Amendments and Extension. The Council and the Grantee may amend this Agreement by mutual agreement. Amendments or an extension of this Agreement shall be effective only on 7 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax the execution of written amendments signed by the Council and the Grantee. If the Grantee needs a change to the Project, additional time within which to complete the grant -funded activities and commence the Project, a change in the budget, or a change in grant -funded activities the Grantee must submit to the Council at least ninety (90) calendar days prior to the expiration date, a complete, written amendment request. All requirements must be met for a request to be considered complete. The Expiration Date may be extended, but the period of any extension shall not exceed one (1) year beyond the original expiration date identified on Page 1 of this Agreement. 7.05 Termination for Cause. This Agreement may be terminated by the Council for cause as reasonably determined by the Council at any time upon thirty (30) calendar days' written notice to the Grantee or if the Project has not commenced as set out in Paragraph 7.02. If this Agreement is terminated prior to the Expiration Date, the Grantee shall receive payment on a pro rata basis for eligible Project activities described or identified in Exhibit A that have been completed prior to the termination. 7.06 Termination by Council for Noncompliance. If the Council finds that the Grantee failed to comply with the terms and conditions of this Agreement, the Council may terminate this Agreement at any time following seven (7) calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable progress toward completion of the Project. Upon the Council finding of noncompliance, the Council may cease payment of invoices during any period of noncompliance and may require the Grantee to repay the Grant Funds in full or in a portion determined by the Council. Nothing herein shall be construed to limit the Council's legal remedies to recover the Grant Funds. 7.07 Effect of Grant Closeout or Termination. The closeout or termination of this Agreement does not invalidate continuing obligations imposed on the Grantee by this Agreement. The closeout or termination of this Agreement does not alter the Council's authority to disallow costs and recover Grant Funds on the basis of a later audit or other review and does not alter the Grantee's obligation to return any Grant Funds due to the Council as a result of later refunds, corrections, or other transactions. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement and the applicable provisions of the Active Transportation Grant Program, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. .01 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax VIIL CONTACT PERSONS, GRANT ADMINISTRATOR 8.01 Contact Persons. The authorized contact persons for receipt of notices, reports, invoices, and approvals under this Agreement are: Metropolitan Council: Arin Knutson Metropolitan Council 390 Robert Street North St. Paul, MN 55101-1805 (612) 349-7643 Arin.Knutson@metc.state.mn.us Grantee: David Swearingen City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 651-792-7847 dswearingen@cityofardenhills.org Or such other person(s) as may be designated in writing for itself by either party. 8.02 Notices. Any notice in connection with this Agreement will be in writing and delivered by (a) personal delivery, (b) an overnight express courier, (c) confirmed e-mail, or (d) certified or registered mail, postage prepaid and return receipt requested. Notices will be deemed to be effective upon personal delivery, one (1) day after deposit with an overnight express courier, five (5) days after deposit in the mail, or upon receipt of the notice e-mail. Notices will be sent to a Party at its address set forth above or such other address as that Party may specify in writing pursuant to this section. 8.03 Council's Grant Administrator. The Council's Grant Administrator for purposes of administration of this Agreement is the person identified as the "Grant Administrator" on Page 1 of this Agreement, or such other person as may be designated in writing by the Council. The Grant Administrator is not authorized to execute amendments to this Agreement on behalf of the Council. IX. GENERAL CONDITIONS 9.01 Conflict of Interest. The members, officers, and employees of the Grantee must comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 9.02 Warranty of Legal Capacity. The individuals signing this Agreement on behalf of the Grantee and on behalf of the Council represent and warrant on the Grantee's and the Council's behalf respectively that the individuals are duly authorized to execute this Agreement on the Grantee's and the Council's behalf respectively and that this Agreement constitutes the Grantee's and the Council's valid, binding, and enforceable agreements. 9.03 Effective Date. This Agreement is effective on the date this Agreement is fully executed by both Parties' authorized representatives. 9.04 Assignment Prohibited. The Grantee shall not assign this Agreement to any third party nor transfer any Project activities responsibilities without receiving the prior express written 9 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 9.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify, and hold harmless the Council, its members, officers, employees, and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands including, without limitation, attorney's fees arising out of, resulting from, or relating to, the performance of the Project activities by the Grantee or the Grantee's employees, agents, or contractors. Neither the Council nor the Grantee waives any immunities or limits on liability provided by Minnesota Statutes chapter 466 or other applicable state or federal law. 9.06 Nondiscrimination. The Grantee agrees not to discriminate against any employee, applicant for employment, or participant because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. When the Project is completed, the Grantee will operate and maintain the Project in compliance with Minnesota Statutes, section 363A.12, regarding non-discrimination in the provision of public 9.07 Acknowledgement. The Grantee will appropriately acknowledge the financial assistance made available by the Council under this Agreement in any promotional materials, reports, and publications relating to the Project. 9.08 Compliance with Law; Obtaining Permits, Licenses and Authorizations. The Grantee will conduct the Project activities in compliance with all applicable federal, state, and local laws, ordinances, or regulations. The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for conducting the Project activities. 9.09 Workers' Compensation; Tax Withholdings. The Grantee represents that it is in compliance with the workers' compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or materials suppliers, if any, under this Agreement, comply with the tax withholding on wage requirements of Minnesota Statutes, section 290.92. 9.10 Construction. This Agreement is intended to assist in implementing the Council's Transportation Policy Plan and shall be interpreted consistently with that document. 9.11 Jurisdictions, Venue, and Governing Law. Venue for all legal proceedings arising out of this Agreement, or breach of this Agreement, shall be in a state or federal court with competent jurisdiction in Ramsey County, Minnesota. All matters relating to the performance and interpretation of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, excluding its choice of laws rules. 10 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax 9.12 Execution in Counterpart; Electronic Signatures. This Agreement may be executed in counterpart. Electronic signatures of the Parties' duly authorized signatories, by facsimile or email/Portable Document Format (PDF) transmission, shall be valid as an original signature of the authorized signatories and shall be effective to bind the Parties under this Agreement. 11 Approved by OGC 12/16/24 Transit Financial Assistance Grant Agreement Regional Sales and Use Tax IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. This Agreement is effective on the date this Agreement is executed by the Council. METROPOLITAN COUNCIL Ryan O'Connor, Regional Administrator Date: 12 GRANTEE By: Title: Date: By: Title: Date: Approved by OGC 12/16/24 EXHIBIT A Project Details Project Title Old Highway 10 Trail Safe Routes to Schools Improvements Grantee/Subrecipient City of Arden Hills Grantee/Subrecipient Address 1245 West Highway 96 Arden Hills, MN 55122 Grantee/Subrecipient Project Manager David Swearingen Project Manager Email dwwearingen@cityofardenhills.org Project Manager Phone 651-792-7847 Project Start Date January 1, 2025 Project End Date December 31, 2028 Grant Amount $ 1,000,000.00 Required 20% Match $ 250,000.00 Additional Local Funds $ 2,429,000.00 Total Grant Request �$ 3,679,000.00 Type or Project (capital or operating) Capital Work Scope: Description of the project including any anomalies. Please attach additional information when available (such as site plans, schematics, maps, etc) The Old Highway 10 Tram Safe Routes to School (SRTS) project will improve bicycle and pedestrian facilities along Old Highway 10 from Lake Valentine Road Highway 96 W. for travelers of all ages and abilities by establishing a safe and comfortable connection to Valentine Elementary School, and Mounds View High School. This project will also provide connections to other sidewalks, trails, parks, Bethel College, and other key destinations in the project area. This proposed project includes the following improvements: - Tray: 1.3 miles ofpaved, ADA-compliant, ten -foot -wide trail along the west side of Old Highway 10 from Lake Valentine Road to Highway 96 W. - Boardwalk: 5001mear feet of ADA-compliant, 12-foot-wide, structural wood boardwalk. - Retaining walls: 1,2891mear feet of concrete block retaining walls with a maximum height of 4 feet. - Curb ramps: 10 new, ADA compliant curb ramps along the west side of Old Highway 10. Grant Budget Item Description or Purpose: Please provide copies of written cost estimates and other budget Line Total documentation when possible Mobilization $ 170,000.00 Removals $ 52,573.00 Storm Sewer $ 850,000.00 Ponds $ 100,000.00 Concrete Items $ $ 204,508.00 90,000.00 Traffic Control Turf - Erosion & Landscaping $ 170,000.00 Retaining Walls $ $ 511,081.00 153,637.00 Path/Trail Construction $ 770,000.00 Other Bicycle & Pedestrian Elements $ 307,201.00 Contingencies $ 300,000.00 Right -of -Way Grant Award $ 1,000,000.00 Local Match Amount $2,679,000.00 $ 3,679,000.00 Total Project Cost 13 Approved by OGC 12/16/24 CONSENT ITEM - 8H r -ARPEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer SUBJECT: T-Mobile South Tower Site Use Lease Agreement Amendment (Antenna Lease) Budgeted Amount: Actual Amount: Funding Source: $24,137 $30,996 General Fund Council Should Consider Motions to approve, table, or deny the following: T-Mobile Lease Agreement Amendment No. 1 for the location at the South Tower on 1230 Red Fox Road, Arden Hills, Minnesota 55112 Backiround/Discussion The City of Arden Hills entered into a Site Use Lease Agreement with T-Mobile Central LLC (previously referred to as APT) on April 27, 2000 for cell antenna equipment located at the City's South Water Tower at 1230 Red Fox Road. The agreement established a monthly lease rate of $1,000, with an adjustment of 15 percent every 5 years. The agreement expires at the end of April 2025. On September 23, 2024 the City Council reviewed proposed terms from staff to negotiate with the tenant's real estate agent and since has put together the lease agreement amendment seen in Attachment A. The City Attorney reviewed the amendment document and had no concerns with the language as written. The monthly lease rate is proposed at $3,000, with an adjustment of 15 percent every 5 years. The lease agreement amendment would extend for 25 years to 2050. City staff recommends the City Council approve the proposed lease agreement amendment with T-Mobile. Staff will then forward the lease agreement amendment to T-Mobile to fully execute. Page 1 of 2 Budget Impact The 2025 budget includes $24,137 of T-Mobile South tower rental revenues. Under this new amendment, actual revenues will be $30,996, an increase of $6,859 for 2025. Subsequent year revenues (2026-2029) will be $36,000 annually, and will increase by 15 percent every 5 years thereafter, through 2050. Attachments Attachment A — T-Mobile Lease Agreement Amendment No Page 2 of 2 Attachment A FIRST AMENDMENT TO SITE AGREEMENT This First Amendment to Site Agreement (the "First Amendment") is effective as of the last signature below (the "Effective Date"), by and between City of Arden Hills, a Minnesota municipal corporation ("Owner"), and T-Mobile Central LLC, a Delaware limited liability company ("Tenant", previously referred to as "APT") (each a "Party", or collectively, the "Parties"). Owner and Tenant's predecessors -in -interest APT Minneapolis, Inc. entered into that certain Site Agreement dated April 27, 2000, (including all amendments, collectively, the "Agreement") regarding the leased premises defined in the Agreement ("Premises") located at 1230 Red Fox Road, Arden Hills, Minnesota 55112 (the "Property"). For good and valuable consideration, Owner and Tenant agree as follows: 1. At the expiration of the Agreement, the term of the Agreement will automatically be extended for 5 additional and successive 5 year terms, each included as a Renewal Term provided that Tenant may elect not to renew by providing Owner at least 90 days' notice prior to the expiration of the then current Renewal Term. 2. Upon the expiration of the final Renewal Term, Tenant shall have the right to continue to occupy the Premises and the Term shall automatically extend for up to 9 successive 1 year periods (each, and "Extended Period"). Landlord may elect not to renew by providing notice to Tenant at least 6 months prior to the expiration of the then current Extended Period. Tenant may terminate any Extended Period at any time by delivery of notice to Landlord. 3. At the commencement of the first Renewal Term provided for in this First Amendment, Tenant shall pay Owner $3,000.00 per month as Rent, partial calendar month to be prorated in advance, by the fifth (5th) day of each calendar month. Thereafter, notwithstanding anything to the contrary in the Agreement, the Rent will escalate by 15% on the first day of each Renewal Term. The Rent for each Extended Period shall be increased by 3% of the Rent for the immediately preceding year. Where duplicate Rent would occur, a credit shall be taken by Tenant for any prepayment of duplicate Rent by Tenant. 4. Owner consents to allow Tenant to complete upgrades to, and replacement of the Antenna Facilities on the Premises for no additional consideration, in compliance with required permits, so long as no additional area is occupied or the number of antennas or ground units are not increased. 1 TMO / Sprint Site ID: AlN0511A 5/21/2021 TMO / Sprint Lease ID: 16898 5. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Owner or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Tenant: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ AlN0511A If to Owner: City of Arden Hills Attn: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 6. Tenant and Owner will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property without additional payment or consideration. 7. Owner If either party desires a Memorandum of Agreement, such requesting party shall draft the Memorandum and present to the other party for review and execution. Such review and execution shall not be unreasonably withheld. Tenant Owner 8. Any charges payable under the Agreement other than Rent shall be billed by Owner to Tenant within 12 months from the date in which the charges were incurred or due; otherwise, the same shall be deemed time -barred and be forever waived and released by Owner. 9. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this First Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment. 10. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this First Amendment will legally bind the Parties to the same extent as originals. 2 TMO / Sprint Site ID: AlN0511A 5/21/2021 TMO / Sprint Lease ID: 16898 11. Each of the Parties represents and warrants that it has the right, power, legal capacity and authorityto enter into and perform its respective obligations under this First Amendment. Owner represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of First Amendment. 12. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors -in -interest and assigns. IN WITNESS, the Parties execute this First Amendment as of the Effective Date. Owner: Tenant: City of Arden Hills T-Mobile Central LLC, a Delaware limited liability company By: By: Print Name: Print Name: Title: Title: Date: Date: 3 TMO / Sprint Site ID: AlN0511A 5/21/2021 TMO / Sprint Lease ID: 16898 CONSENT ITEM - 8I -ARPEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, City Administrator SUBJECT: Lake Johanna Fire Department — Acknowledgement of Financial Surety Obligations for Rice Creek Watershed District Permit 24-064 Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table, or deny the following: • Authorization to sign the Acknowledgement of Financial Surety Obligations for Rice Creek Watershed District Permit 24-064 for the Lake Johanna Fire Department Headquarters project. Background On January 301h, the Lake Johanna Fire Department (LJFD) held their bid opening for the headquarters fire station project at 3535 Pine Tree Drive. The LJFD Headquarters Board has signed a construction agreement with BCI Construction, Inc. based on their low bid. As a next step, the LJFD Headquarters Board is working with the project architect to secure the necessary permits to begin construction. One of those agency permits is with the Rice Creek Watershed District (RCWD). On February 181h, the City signed an amended and restated Joint Powers Agreement (JPA) between the cities of Arden Hills, North Oaks and Shoreview and the Lake Johanna Fire Department for the headquarters project to align with the current status and financing of the project. Currently, Arden Hills' share of expenses to the LJFD are 24.2 percent based on the 2025 Cost Share formula; the City's share of the project would be the total, less State funding, and we would be responsible for 24.2 percent of the costs. As part of the RCWD permit, the LJFD Headquarters project would be required to provide a $10,300 financial surety to the agency for monitoring and inspection activities under the permit. Page 1 of 2 Under Minnesota State Statute, there is an exemption for cities from surety requirements. In this case, the RCWD Attorney has reviewed the waiver from the surety requirements signed by the Headquarters Board CEO but has determined that a waiver by individual cities to be necessary. The Cities of Shoreview and North Oaks have both agreed to and signed the waiver. The City Attorney reviewed the waiver form and had no concerns with the language as written. Budget Impact The City had been slowly stepping up its increases to its Public Safety Capital Fund to support the upcoming construction of the station and avoid large levy spikes. On December 9, 2024, the City Council adopted the 2025-2029 CIP budget which included franchise fee assumptions of $435,000 annually to offset debt service for the new fire station. Permit fees are included in the overall project budget and allocated to the cities based on the 2025 Cost Share formula. Attachment Attachment A: City of Arden Hills Acknowledgement of Financial Surety Obligations Page 2 of 2 ID-"'C R WD 0 �IFI'1�11RICE CREEK WATERSHED DISTRICT Acknowledgement of Financial Surety Obligations RCWD Permit #24-064 Attachment A The City of Arden Hills is a member of the Joint Powers Organization for the Lake Johana Fire Department Headquarters. As part of the construction for the Lake Johana Fire Department Headquarters under Rice Creek Watershed District permit #24-064, the City of Arden Hills recognizes and acknowledges that a permit from the Rice Creek Watershed District is required and that the City of Arden Hills is jointly and severally liable with the other member cities for prompt payment to Rice Creek Watershed District for all costs, fees, and penalties the Rice Creek Watershed District may incur in monitoring and inspecting activity under the permit and in responding to violations of RCWD statutes, rules, permits, and orders. Dated: By: City of Arden Hills Its 4325 Pheasant Ridge Drive NE #611 1 Blaine, MN 55449 1 T: 763-398-3070 1 F: 763-398-3088 1 www.ricecreek.org BOARD OF Jess Robertson Steven P. Wagamon Michael J. Bradley Marcie Weinandt John J. Waller MANAGERS Anoka County Anoka County Ramsey County Ramsey County Washington County PUBLIC HEARING -10A -A EN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #25-001— Public Hearing Required Applicant: Philip Low Property Location: 1126 Benton Way Request: Variance and Conditional Use Permit Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Hold the required public hearing for Planning Case 25-001, an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way ("Subject Property"). The application includes a request for a variance to construct an addition at the southwest elevation of the existing principal structure on the Subject Property. The City Council will be asked to make a formal decision regarding the application under Agenda Item 11A. Background 1. Existing Site Conditions: 1126 Benton Way ("Subject Property") is zoned R-3, Townhouse and Low -density Multiple Dwelling District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All adjacent properties to the north, east, and south are also zoned R-3, Townhouse and Low -density Multiple Dwelling District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcel to the west is zoned B-2, General Business District, and designated for Commercial Uses in the 2040 Comprehensive Land Use Plan. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 1 of 11 In the 1970s, the Subject Property was established as part of the Hunters Park neighborhood and homeowners associations through a Planned Unit Development (PUD). A PUD can permit a greater amount of flexibility for developments from the underlying zoning regulations. The Hunters Park PUD used the flexibility permitted in the PUD process, and the neighborhood was designed with varying lot sizes, structure setbacks, and lot coverages. A number of the lots were permitted to have structures that did not meet the underlying zoning requirements, which is a legitimate use of the PUD process. Because the lot sizes and building locations were approved as part of the PUD process, they are not considered nonconforming even if they do not meet the underlying R- 3 zoning requirements. In 1985, the City Council approved a process evaluating future changes to structures in Hunters Park: ■ If additions or alterations to the homes do not require setback or coverage variances from the R-3 Zone, only a building permit issued administratively by the City shall be required. This removed the need for a PUD amendment with every change. ■ If additions or alterations to cluster homes do require additional variances of any kind from the R-3 Zone, the standard variance procedure set by the City shall apply. ■ If both cases, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. It shall assist individual homeowners in determining if a variance is required for proposed alterations. According to the planning case files, the Hunters Park homeowner association approved this process along with the City. Since many of the lots and structures are "nonconforming" under the R-3 regulations, a variance is almost always required. There have been at least five variances approved for additions in the Hunters Park neighborhood; however, past variance approvals are not a basis for current variance reviews. In 2009, a previous owner of the Subject Property requested three variances to construct a 585 square foot addition to the dwelling. The proposed addition encroached eight (8) feet into the required 30 foot rear yard setback, encroached four (4) feet into the required 40 foot front yard setback, and increased the structure coverage on the lot from 19.4 percent to 26 percent. The variance was approved by the City Council with approval from the Architectural and Environmental Committee of the Hunters Park Homeowners Association. The proposed addition was constructed before the Applicant became the owner of the Subject Property. 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-3: Townhouse and Low -density Multiple Dwelling District Lot Size: 0.2 acres Proposed Use: The Applicant is requesting a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent and construct a 4.4 foot by 6.8 foot addition on the principal structure. The existing City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 2 of 11 structure coverage on the Subject Property is 26.9 percent and the proposed addition would increase the coverage to 27.3 percent. The proposed addition would expand the structure footprint by 30 square feet, bringing the total structure coverage from 1643 square feet to 1673 square feet. Section 1320.06 of the Arden Hills City Code requires a maximum structure coverage of 25 percent on residential properties. According to the Applicant's narrative, there are fluctuations in temperature and humidity at the southwest corner of the home which have resulted in damage to the Applicant's grand piano. A classical pianist, the Applicant had taken other measures to address the climate issues within the home without success before landing on a construction solution. The proposed addition is an exterior vestibule, and its purpose is to create a separate space between the room where the piano is located and the exterior of the principal structure to remedy the temperature control problems which have damaged two grand pianos at the Subject Property. Initially, the Applicant considered the construction of a vestibule within the existing principal structure footprint. The Applicant states that the design of a vestibule inside the home drastically reduced the functionality of the rest of the room and was not a workable option. The Applicant has provided site drawings for the proposed addition in Attachment E. The Applicant is requesting a variance for flexibility from the 25 percent structure coverage requirement to construct the proposed addition of 30 square feet. The Subject Property was developed in 1974 in accordance with the Hunters Park PUD. The Subject Property was expanded with an addition to the dwelling in 2009 following the approval of a variance request for flexibility from front and rear yard setback requirements and the structure coverage requirement. The 2009 request was made by a previous property owner. The Applicant would not be able to construct the proposed addition without a variance. The Applicant has also submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of their piano lessons business. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence. The Applicant is proposing to meet with customers in -person by appointment only which triggered the Class II designation requiring a Conditional Use Permit. The Applicant is the sole employee of the business and teaches about three (3) to six (6) hours in a day. Piano lesson students are seen one at a time during scheduled times Monday through Friday between the hours of 3:00 p.m. and 9:30 p.m. and Saturday 9:00 a.m. to 4:00 p.m. with 30-60-minute breaks between some students. Piano students or their parents park their vehicle in the Subject Property's driveway and one car departs when another arrives. The Applicant states that one student and their parent would be on the premises during a lesson and that lessons are conducted entirely within the home. There is no exterior evidence of the piano lesson business outside the home and the lessons do not require a separate entrance to the property. The piano lessons are conducted in one room of the house, indicated in the site plan included as Attachment F. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 3 of 11 Approvals: 1. Variance The City Council is being asked to determine if a variance request for flexibility on the structure coverage should be approved. The submitted survey shows the location of the proposed addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. 2. Conditional Use Permit A Conditional Use Permit is required for Class II Accessory Home Occupations. A home occupation is allowed in residential zoning districts as an accessory use, but it becomes a Class Il Home Occupation when there are patrons visiting the premises. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The City Council should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Under state law, a conditional use is a use that is generally allowed in a designated district upon the applicant showing that the standards and criteria stated in the ordinance will be satisfied. Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City's discretion is more limited in these matters than in a comprehensive plan or rezoning application. Plan Evaluation 1. Chapter 13, Zoning Code Review District Provisions (R-3 Townhouse and Low -density Multiple Dwelling District) — Section 1320.06 Lot Size and Dimensions — Planned Unit Development, Meets Requirements The Subject Property was constructed in 1974 with a lot area of 8,825 square feet (Attachment D). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit. The Subject Property was developed as part of the Hunters Park PUD. A PUD can permit a greater amount of flexibility for developments from the City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 4 of 11 underlying zoning regulations. The Hunters Park PUD used the flexibility permitted in the PUD process, and the neighborhood was designed with varying lot sizes. Provosed Site Plan x 919.48 10� r - r . i r . r . 1 i ip ' .5�� Fil II\1 I F- F♦ h� I^1 f/ N lN`2 _ 38 Q�4 ,• ''" 921.22/ 7 48 r� x 921.9! /4 - / / WDOD \ OQ1 _%_.' - _._ DECK e \ / I.I E ff� `l �1i.• // 0 ?D J � I6� BENCHMARK: TOP NOF HYDRANT ruvanDN-NO92s.1e (AssuNED)--' A EXISTING HOUSE 9720) s 1. / Y.2 _ ,� 919.22 w -O �� 8 • a AREA= 1149 SQ.Fr. 920 xe Mai f6 -- Nry aPo N�^ HATO 92262 ;ry ry EXISTINGARAGES h£O�JO Slew, FL922-8 �' 9)2 Y 921471 ' v' 4 EXISTNG / 9 GARAGE s FF-923.0 BLOCK 1 9� =• 9zz .922a, ., ? 92zee -21-02 9YL92 f f r. r. =t I I I 11 1 11 I I\I N EXISTING N HOUSE 1.rn II 1 m � Legal Description (Certificate of Title No. 606583)J Lot 8, Block 1, HUNTERS PARK SECOND ADDITION, Ramsey County, Minnesota. I Structure Setbacks — Planned Unit Development, Flexibility Granted in Previous Approval The proposed addition would not impact existing setbacks. In the R-3 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. As part of the Hunters Park PUD, the Subject Property was developed with varying structure setbacks. In 2009, the Subject Property was granted flexibility to construct a 585 square foot addition that would encroach eight (8) feet into the required 30 foot rear yard setback and encroach four (4) feet into the required 40 foot front yard setback. The detached garage on the Subject Property was developed when the principal structure was constructed in 1974 and has a 3.5 foot side yard setback from the southwest property line. The proposed addition would not encroach into any existing setbacks. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 5 of 11 Re aired Existing Notes Proposed Front Setback 40 feet 36 feet Flexibility granted No change in 2009 Variance Rear Setback 30 feet 21.9 feet Flexibility granted No change in 2009 Variance Side Yard 5 —28 feet Detached garage No change setback = 3.5 feet Side Yard 5 6.8 feet No change Side Yard Total 15 feet 34.8 feet No change Both Side Yards Landscaped Area —Planned Unit Development, Meets Requirements The proposed addition would not impact existing landscaped area. In the R-3 District, the minimum landscaped area required without a variance is 65% of the property or 5,736.25 square feet. The Subject Property has an existing landscaped area of 5,102 square feet or 57.8%. As part of the Hunters Park PUD, the Subject Property was developed with flexibility for lot coverage. The proposed addition would be constructed on top of existing sidewalk on the property and would therefore not impact the existing landscaped area. Structure Coverage — Planned Unit Development, Flexibility Granted in Previous Variance Approval, Flexibility Requested The R-3 District allows for a maximum structure coverage of 25% or 2,206.25 square feet of the Subject Property. In 2009, the previous owner of the Subject Property was approved for a structure coverage variance and permitted to exceed the maximum requirement to construct an addition that would increase the property's structure coverage to 26 percent. According to the Certificate of Survey submitted by the Applicant (Attachment D), the existing structure coverage is 2,378 square feet or 26.9%. The proposed addition would increase the total structure coverage by 30 square feet for a total of 2,408 square feet, or 27.3% of the Subject Property. Floor Area Ratio — Meets Requirements The R-3 District permits for a maximum floor area ratio of .3. Floor area is calculated as the sum of the gross horizontal area of all floors of a building as measured in square feet from the exterior walls, but not including decks; space where the average floor -to -ceiling height is less than six feet; attached or detached garages; and other detached accessory structures. For the Subject Property, the maximum floor area permitted is 2,647.5 square feet. The existing floor area for the lot is 2,137 square feet and the floor area ratio is .242. The proposed addition is a main level principal structure addition which would increase the property's floor area by 30 square feet for a total of 2,167 square feet and a floor area ratio of .245. 1. Variance Review The role of the City Council is to determine and consider how the facts presented to them compare with the city's articulated standards. The City Council should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the City Council may feel their decision should reflect the overall will of the City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 6 of 11 residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The City Council may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 2. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a principal structure addition to the southwest elevation of their existing principal structure that would exceed the maximum structure coverage of 25 percent and increase the existing structure coverage from 26.9 percent to 27.3 percent in the R-3, Townhouse and Low -density Multiple Dwelling District. In 2009, the Subject Property was approved for a structure coverage variance at 26 percent and today the existing structure coverage is 26.9 percent. The City Council will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1126 Benton Way is for a principal structure addition. The Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is guided as Low Density Residential on the Land Use Plan. 1126 Benton Way was developed as part of the Hunters Park neighborhood PUD. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the proposed principal structure addition would address a temperature control problem within the dwelling. Fluctuations in temperature and humidity have resulted in damage to the Applicant's property and the issue has not been addressed through other measures to maintain a consistent climate within the dwelling. The Applicant is proposing an exterior vestibule addition to resolve the issue. The addition on the property would not be permitted by the Zoning Ordinance. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 7 of 11 b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the climate issue is due to the design of the addition constructed on the principal structure in 2009. The Applicant purchased the dwelling in 2015 and did not create the circumstances that have led them to request a variance. The requested variance would address the issue created by previous improvements to the Subject Property. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the proposed addition will not alter the character of the neighborhood. The designed addition would be built in the same style and color as the rest of the house and with the same materials. It will be 30 square feet constructed between the principal structure and detached garage and the Applicant states that most people would be unlikely even to notice it is there. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that there is no economic advantage to the requested variance. They state that a professional realtor shared that if the Applicant were to sell the home, it is likely that less than 30 percent of the value of the vestibule addition would be recovered. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Section 1325 — General Regulations, 1325.02 Accessory Uses, Subd. 3 Home Occupations A. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. The Applicant states that the piano lessons business would not result in any noise, light, fumes, or odors. As for traffic, the Applicant shares that there will be only one car arriving at a time and will be parked in the Subject Property's driveway. One student and their parent would be present at a time. 2. It shall be conducted entirely within the dwelling. All of the business activity will be conducted entirely within the dwelling. The Applicant has an approximate 160 square foot main floor space dedicated to perform the business operations. A floor plan is included below. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 8 of 11 Building Floor Plan — Location of Business Operations - OPACC ® F 3. There is no exterior evidence of the home occupation. All business operations will take place inside the dwelling and the Applicant states that there will be no exterior evidence. No advertisement (i.e. signage) shall be placed on the property noting that there is a business being operated on the property. 4. It does not require any special entrances to the dwelling. The proposed home occupation will not require any additional entrances to the dwelling. Students use the same entrance to the dwelling for their lessons as is used for access to the residential dwelling. B. Class II Conditional Accessory Home Occupations. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3.C.1 if they meet the conditions stipulated above for all Home Occupations and the following conditions: 1. The primary business activity shall be conducted by an occupant of the residence; The Applicant is the sole occupant and owner of the Subject Property and owner of the piano lesson business. 2. One person not residing in the residence maybe employed to assist in the business activity; The Applicant states there are no other employees of the piano lesson business and is not requesting as part of the CUP to be allowed additional employees. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 9 of 11 3. It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; The total floor area of the dwelling is 2,137 square feet. If the variance request included in the Applicant's land use application is approved, and the proposed addition constructed, the total floor area of the dwelling would increase to 2,167 square feet. The proposed home occupation will occupy 160 square feet of the dwelling, or 7.3 percent. The Applicant will perform the business operations in the identified space within the dwelling. 4. It has a limited number of patrons visiting the premises; The Applicant has stated that the number of patrons visiting the premises is limited to 4 to 8 students during scheduled lessons. Monday through Friday, piano lessons start after school, between 3:00 p.m. and 5:00 p.m. and end between 8:00 p.m. and 9:30 p.m. On Saturdays, hours range from 9:00 a.m. to 4:00 p.m. As the only teacher, the Applicant teaches about 3 to 6 hours, depending on the day and the number of students is the same from day to day. 5. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, The proposed home occupation will not result in the need for any on -street parking. The Applicant states the students park in the Subject Property's driveway using one vehicle at a time. When one vehicle arrives, the previous vehicle leaves. The Applicant's car remains in the garage. 6. It requires delivery of products to the premises no more than once per day. The proposed home occupation does not include a request for deliveries. The Applicant has stated that there will be no delivery of any products to the premises at any time. C. Class II Conditional Accessory Home Occupations. Applications for a Class II Home Occupation as stipulated by Section 1355.04 Subd 3.C.2 shall be accompanied by the following information: 1. A photograph of the residence. Included in submission, Attachment I 2. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation. Included in submission, Attachment F 3. A statement describing the home occupation and the compliance with the required conditions. Included in submission, Attachment C 4. A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. N/A 2. Sign Code — Chapter 12 This approval does not include signs. At their April 9, 2025 meeting, the Planning Commission recommended amending a condition to prohibit signage related to the business activity as part of the approval. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 10 of 11 Notice and Public Comments Notice was published in the Pioneer Press on April 18, 2025. Notice was prepared by the City and mailed to property owners within 1000 feet of the subject property. Staff has received two public comments in support of the Applicant's requests. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 28, 2025. Pursuant to Minnesota State Statute, the City must act on this request by April 28, 2025 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to June 27, 2025 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the April meeting cycle. Attachments A. Land Use Application B. Location Map C. Applicant Narrative D. Certificate of Survey E. Addition Building Plans F. Floor Plan for Home Occupation Area G. A&E-HOA Approval H. Neighbor Approval I. Pictures of Residence J. Planning Commission Memo K. Draft Planning Commission Minutes L. Presentation City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001 - 1126 Benton Way — VAR, CUP Page 11 of 11 Attachment A EN HMLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org Planning Case No. 25- Submittal Date Application Completed Date Accepted by Receipt Number Council Decision Council Decision Date 2025 LAND USE APPLICATION Applicant Information Applicant: �� V Address: —�� YZ%, W Q / `P/Y1 L - Telephone No.: Other: Fax No.: Email Address: � d &fJ Propertv Information PTpe_q1 Owner. _ f /1.2 Owner Address: % U61 I Owner Telephone No. Other Address of Property Involved_ f L� / t� /�Nl (�(� a_ (c�— —,D- - - — -} - Legal Description. Ata- __Pa_ SE � 0.000(� J�iU�-ti % �l /0C Property ID No.: 3 q3 Q oZ � NO d Z t -- of Use: - i-i-a -- - - - - - - — Zone:_ -3 __ Property Acreage: p�G�CrP S Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) ❑ Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400+ Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500) ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) AVariance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Acifninistvatwe Decision (Fee-. $150 + Escrow: $1,000) ❑ Land Use Requests - Not Already Specified (Fee: $150 + Escrow: $1,000 Page 1 of 3 Brief Description of Request (please also includ —, —3� 5 etCVLQ f iled letter exolaini W "IMPORTANT* • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information_ • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cityofardenhills org1anduseapplications. Complete/Incomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrowJs depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. if not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2025 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE" (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE" (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (I" day of the preceding month) January 8 February 10 December 1 2024 February 5 March 10 January 2 March 5 Aril 14 February 3 April 9 Aril 28 March 3 May 7 May 26" April 1 June 4 June 23 May 1 July 9 July 28 June 2 August 6 Au ust 25 July 1 September 3 September 22 August 1 October 8 October 27 September 1 November 5 November 24 October 1 December 3 January 12 (2026) November 3 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. Property Owner Signatbire (Required) Applicant Signature (If different than the property owner) 0? `2 Date Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website, www cityofardenhills ong/landuseapplications Page 3 of 3 "tt -ARPEN HILLS 1245 West Highway 96 Arden Hills, Minnesota 55112 Telephone (651) 792-7800 Fax (651) 634-5137 www.cityofardenhills.org 2025 LAND USE APPLICATION Applicant Information Applicant: Address: BRA _Telephone No.: r0d _r,2Q 35 Other. Fax No.: Email Address: T Id &o Gj."'P7 rz Property Information Pwp erty Owner. � __ /Lo Owner Address: 11, -_rl 4"..' Owner Telephone No. k(%s27$`0O 5 Other: Address of Property Involved: p� �? (va ^ Legal Description: „1/tf .S �GP! �C se _ &// Property ID No.: d d- T of Use: 111PSQ ` Zone: -7� Property Acreage: Type of Request ❑ Comprehensive Plan Amendment (Fee: $550 + Escrow: $2,500) Conditional Use or Interim Use Permit/CUP or IUP Amendment (Fee: $400 + Escrow: $1,500) ❑ Preliminary Plat (Fee: $500 + Escrow: $2,500) ❑ Final Plat (Fee: $450 + Escrow: $1,000) ❑ Concept Plan Review (Fee: $300 + Escrow: $750) ❑ Master Planned Unit Development or Master Special Development Plan (Fee: $600 + Escrow: $2,500) ❑ Final Planned Unit Development or Final Special Development Plan (Fee: $350 + Escrow: $2,000) ❑ Planned Unit Development Amendment or Special Development Plan Amendment (Fee: $400 + Escrow: $1,500) ❑ Site Plan Review (Fee: $450 + Escrow: $1,500) 1of (6 B6C/< L2 ❑ Rezoning or TCAAP Regulating Plan Amendment (Fee: $500 + Escrow: $1,500) ❑ Zoning Code or TCAAP Redevelopment Code Amendment (Fee: $400 + Escrow: $1,500) ❑ City Code Amendment (Fee: $350 + Escrow: $1,500) ❑ Lot Split/Minor Subdivision (R-1 and R-2 Districts Only) (Fee: $350 + Escrow: $1,500) ❑ Variance or Permitted Adjustment (Fee: $350 + Escrow: $1,000) ❑ Vacation of Easement or Right -of -Way (Fee: $150 + Escrow: $1,000) ❑ Appeal of Administrative Decision (Fee: $150 + Escrow: $1,000) ❑ Land Use Requests — Not Already Specified (Fee: $150 + Escrow: $1,000 Pagc t of 3 Brief Description of Request (please also include a typed, detailed letter explaining the protect): "IMPORTANT' • Certain applications are subject to review and approval by the Rice Creek Watershed District. Contact RCWD directly at 763-398-3070 for additional information. • The land use application fees do not cover building, sign, or other permit fees that may be required upon approval of a land use application. • All applications will be subject to additional fees for reimbursement of consultant costs associated with filing, reviewing, and processing of application in the form of an escrow to the City. Filing & Information Requirements The City requests that you make a pre -application meeting with the Community Development Director to discuss the application process, requirements, and deadlines. Unless waived by the Community Development Director or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional application requirements can be found at www.cilyofardenhills orq/landusea pplications. CompletelIncomplete Applications Under Minnesota Statute, Chapter 15.99, cities have 15 business days to review all plans and application materials to ensure they satisfy City requirements. During the 15 day review period, planning staff will provide written comments on the application and may request plan revisions. If the application is determined to be complete, Minnesota State Statute then requires the City to approve or deny the application within 60 days, up to 120 days. If not complete, the City may require plan revisions and/or additional information before the application is scheduled for Planning Commission review and/or City Council action. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. Payment of Fees and Escrows The undersigned acknowledges that she/he understands that before a land use application can be deemed complete, all required fees and escrows must be paid to the City. The applicant is responsible for all costs incurred by the City related to the processing of this application. Each separate land use request shall be charged a separate administrative fee and escrow even if submitted on the same application. Costs expended in reviewing and processing an application will be charged against the cash escrow and credited to the City. Charges to the escrow may include planning and engineering staff time, City Attorney and consulting fees, and mailing costs. If, at any time, a required cash escrow is depleted to less than 20 percent of its original amount, the applicant shall deposit additional funds in the cash escrow account as determined by the City. The City may withhold final action on a land use application, withhold building permits, and/or rescind prior action until all fees have been paid. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. The escrow may be reduced or increased by the Community Development Director on a project by project basis. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda. Page 2 of 3 Meeting Schedule Planning Commission meetings are typically held on the first Wednesday after the first Monday of each month at 6:30 PM, though please contact City Hall to verify the meeting date and time. City Council meetings are held typically the last Monday of the same month at 7:00 PM. Meetings are held in the Council Chambers at the City of Arden Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112, unless otherwise stated. The schedules below are for reference purposes only. Project will not be scheduled for any meeting until the application submittal is found to be complete by the Community Development Director. 2025 Planning Commission and City Council Schedule (*subject to change) TENTATIVE PLANNING COMMISSION MEETING DATE* (Generally held on the first Wednesday after the first Monday at 6:30 .m. TENTATIVE CITY COUNCIL MEETING DATE* (Generally held on the fourth Monday at 7:00 p.m.) DEADLINE FOR LAND USE APPLICATION SUBMISSION (l `' day of the preceding month) January 8 February 10 December 1 2024 February 5 March 10 January 2 March 5 April 14 February 3 April 9 Aril 28 March 3 May 7 May 26* April 1 June 4 June 23 May 1 July 9 July 28 June 2 August 6 August 25 July 1 September 3 September 22 August 1 October 8 October 27 September 1 November 5 November 24 October 1 December 3 January 12 2026 November 3 Acknowledgement and Signature I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city code and ordinance requirements. I fully understand that I am responsible for all costs incurred by the City related to the processing of this application. ^5- Property Owner Si ature (Required) Date Applicant Signature (If different than the property owner) Date Please contact the Community Development Director at 651-792-7800 if you have any questions regarding this application. Additional copies of this application form are available on the City's website: www cityofardenhills oroAanduseappncations Page 3 of 3 Location Map Aff!qf%hmcknf FZ 4 .,j 4 4 4 C4-4A; ,W4 Harriet Avenue OL IL 19 arnetAv-enue, :r aWi 2% t Al. 14 34 15 70'L 21 12:74 3420 341 -CaritionAvenue. �enue 13 A 1 3�3 f 134 F-11 Lir" 77. 147 146 5 it 1 j A I f79" T5 , Zkl*1 *� Tiller I- - Kiw,- Lane 7jll,-rLwir, i "e 3/7/2025, 3:08:45 PM 1:2,400 0 0.02 0.04 0.08 mi Override 1 US or State Highway 0 0.03 0.07 0.13 km Streets Connector (Ramp) Interstate County Road US or State Highway County Road US or State Highway Local US or State Highway Ramsey County Ramsey County MN Attachment C Matter 1: The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls The purpose of the vestibule is to remedy temperature control problems that have been damaging my grand piano. I am a classical pianist, and I have a grand piano in the largest room in my house. When I first moved into this house, fluctuations in temperature and humidity by this room's entrance damaged my grand piano. They caused the wood and wool parts of the piano's mechanical components to expand and contract until they functioned poorly. The piano sounded constantly out of tune and all the keys became hard and stiff to press. I paid multiple piano technicians to try to repair the instrument but none could succeed. So, I bought a replacement grand piano at great expense, and took the following measures to maintain a consistent climate. 1. 1 put several hygrometers all around the room to measure the temperature and humidity and display them at all times. 2. 1 put a humidifier on my furnace 3. 1 bought a room humidifier for winter. 4. For summer, I got a dehumidifier. 5. 1 also got a google nest thermostat and set the sensor to measure and regulate my home based on the temperature closest to the piano. 6. 1 also had a humidifier unit installed within the piano itself. Yet, despite my efforts, this second grand piano was destroyed just as badly as the first. In speaking with my technicians, I learned that all pianos near outside doors suffer a similar fate to mine due to outside air exposure. Their years of experience working on hundreds of pianos confirmed that direct contact with outside air will damage a piano regardless of what other measures are taken within the room itself. In an effort to control the temperature near the outside door, I called a contractor for a design of a vestibule inside my house. I then built a full-sized cardboard model of the vestibule to see how it would affect the space. Not only did it destroy the aesthetic of the room with its awkward lines, but it also drastically reduced the functionality of the rest of the room. To make matters worse, it left an awkward empty space behind it that could not be used for anything and would be wasted. Therefore, an exterior vestibule is the only remaining option. It is three times more expensive to have it on the exterior, so I guarantee that if an interior option were workable, I would opt for it. I have purchased a third grand piano, which waits in climate -controlled storage until I can find a way to stabilize the climate of my home. At this time, creating some kind of buffer at the exterior entrance is the only way remaining for me to stabilize the climate and prevent my valuable property from being damaged. Matter 2: The plight of the landowner is due to circumstances unique to the property not created by the landowner. The room in which I have my grand piano was added onto the house by the previous owner years before I bought the house. The room was added in 2009, and I purchased the house in 2015. This addition is unique to my property, and its design was determined long before I took possession of the house. I had no input into the difficulty the entrance has created for me. Matter 3: The deviation from the Ordinance with any attached conditions will still be in keeping with the spirit and intent of the Ordinance The deviation I am requesting keeps with the spirit and intent of the ordinance in that it will not apply to four important aspects of the ordinance. First, the deviation will leave the amount of permeable ground on the property exactly as it is. The vestibule will simply shelter 6 feet of sidewalk, which is already impermeable, meaning the amount of impermeable surface area will remain the same and will not be increased. There will be no deviation in this important regard. Second, the deviation will not affect any setbacks. My garage and house are separate, and the vestibule will be situated between the house and the garage, meaning it will not extend its structure toward any property lines, so all setbacks will remain exactly as they are. Third, it will not affect the character of the property. The vestibule will be built with the same style, color, and materials as the rest of the property. It is small at 30 square feet and will be minimally visible to anyone. My HOA as well as both of my neighbors on either side have looked at plans and given their approval to the project. And fourth, to the best of my knowledge, the Floor to Area Ratio (FAR) will still be compliant with the ordinance after the vestibule is built. The scheduled survey should confirm this when it is done next week. The deviation I am requesting pertains only to the percentage of the property that is allowed to have structures on it. By sheltering 6 feet of existing sidewalk, it would raise this percentage only by an additional 1.5%. 1 am hoping the smallness of the request will work in its favor. My property does already stand at 26% due to the modifications by the previous owner. 4. The variance will not create a land use not permitted in the zone. The vestibule in question will not create any land use not permitted in the zone. This entrance was already there when I bought the house, so this project would not constitute an additional entrance. All it would do is shelter an existing entrance so that cold winter air does not blow directly into the room. The vestibule also would not constitute a usable room, but only a small space to pass through for the purpose of buffering the temperature. 5. The Variance will not alter the essential character of the city The vestibule will not alter the character of the city. It will be built in the same style and color as the rest of the house and out of the same materials. It will be only 30 square feet, hidden between the house and the garage, and most people would be unlikely even to notice it is there. 6. The variance is not for economic reasons alone A professional realtor has informed me that if I were to sell the house, it is likely that less than 30% of the value of the vestibule will be recovered. So, there is no economic advantage at all to this deviation. I am only looking to solve a practical difficulty. I am requesting permission to teach piano lessons in my home. 1. These piano lessons will not result in any noise, light, fumes, or odors at all. As for traffic, there will be only one car arriving at a time, parked in my driveway. One child and their parent will be in my home during these lessons. 2. The piano lessons will be conducted entirely within my home 3. There will be no exterior evidence of the piano lessons outside the home. 4. The piano lessons do not require any special entrance. Students use the same entrance to the house that I use as the property owner and which was part of the house before I bought it. The occupation of teaching piano lessons falls into the Class II category because there are patrons visiting the premises. 1. The primary business activity of teaching piano lessons shall be conducted by me, the sole property owner and only occupant of the residence. 2. There are no employees at all. I teach the piano lessons alone without any help. 3. 1 teach the piano lessons only in one single room of the house, the square footage of which is within the allowable limits of space for this application. 4. The number of patrons visiting the premises is limited to only a few. Piano lessons start after school and end around bedtime. This can be different every day, starting between 3 p.m. and 5 p.m. and ending between 8 p.m. and 9:30 p.m. I teach about 3 to 6 hours in a day, depending which day. About 4 to 8 students visit the premises, one at a time. One student departs as the other arrives. On Saturdays, my hours range from 9 a.m. to 4 p.m. with 30 to 60-minute breaks between some students and the number of students is the same. My neighbors have remarked that they are never aware piano lessons are being conducted. 5. The piano students park in my driveway using only one vehicle at a time. When one vehicle arrives, the previous vehicle leaves. My car remains in the garage while the student's parent's car is in the driveway. 6. There will be no delivery of any products to the premises at any time. Attachment D CERTIFICATE OF SURVEY LAKE AND LAND SURVEYING, INC. 1200 Centre Pointe Curve, Suite 375 Mendota Heights, Minnesota 55120 Phone: 651-776-6211 Made For: Mr. Philip Low 1126 Benton Way Arden Hills, MN 55112 9M.14X10 \ 0) X 919.48 IQ i �9 10 1 x918.1 _ 1. ♦nV X921.83 /ry� _ 920.38X\\ 919�37 ` 91 ].98 917.94 $ 9 / WOOD DECK / __"""--"--" "T - / \ 3/4 INCH A. •^` IRON PIPE �N (�`• /e ,� / 20,3 I6'4 \I919.48 918.68 BENCHMARK: TOP NUT OF HYDRANT_ , ���� 923.38 24 ELEVATION= 925.16 (ASSUMED) g4Py / ry�, J� 922.61, " EXISTING az n HOUSE / 922.57 .92131: FE=924.0 I / 1,2 I 918.22 ' 922.50 . 923.59 822.04 I \ / 922.4a 0 \ BOG AREA= 1149 SQ.FT. 920.38i V \ DGOF Is,o I /v 922.62 922.52 / T 6. 1 j I 91254 922.74 �'P ryEXISTING ArOHfO 922.62 �" 3p GARAGE �iS Ulf / 10 ... " FE=922.8 Q. 922.3e 921.47x ti ` EXISTING 9, GARAGE , I FARAG0 � "I C SQ BOCK 922.8 x 922.21 vJ \(` 922.88 / I 922. x 921.92 / 922.82 I 921.x7 i I - -- . N / EXISTING rn / HOUSE I rn � Legal Description (Certificate of Title No. 606583) / Lot 8, Block 1, HUNTERS PARK SECOND ADDITION, Ramsey County, Minnesota. / 0 10 20 TOTAL LOT AREA: 8825 SQ, FT, OR 0.20 ACRES LOT AREA: 8825 SQ. FT. OR 0.20 ACRES EXISTING IMPERVIOUS GRAPHIC SCALE DRIVEWAY: 1045 SO. FT. I INCH = 20 FT. SITE ADDRESS: 1126 BENTON WAY, ARDEN HILLS, MN EX EXISTING STNG GARAGEHOUSE: 149 SQ. T EXISTING DECK: 243 SQ. CONCRETE WALK: 300 SQ.. FT. . L E G E N D TOTAL IMPERVIOUS SURFACE: 3723 SQ. FT. PERCENTAGE IMPERVIOUS SURFACE: 3723/8825 X 100 = 42% O Denotes 12 Inch Common Spike set with washer stamped RLS 60424 PROPOSED VESTIBULE ADDITION: 30 SQ. FT. Denotes Iron Monument found PROPOSED STRUCTURE COVERAGE: size, type, & RLS as noted. (EXISTING HOUSE+EXISTING GARAGE+EXISTING DECK+PROPOSED VESTIBULE ADDITION) / TOTAL LOT AREA = 2408 SQ. FT. / 8825 SQ. FT. X 100 = 27.3% x xxx.xx Denotes Existing Spot Elevation ---XXX--- Denotes Existing Contour -OHw- Denotes Overhead Utility wires `a1 Denotes Utility Pole (S) Denotes Sanitary Sewer Manhole © Denotes Gas Meter I hereby certify that this survey, plan, or report was prepared ❑E Denotes Electric Meter by me or under my direct supervision and that I am a duly Denotes Bituminous Surface Licensed Land Surveyor under the laws of the state of Minnesota Denotes Concrete Surface y1„ Revised March 7, 2025 BASIS OF BEARINGS: RAMSEY COUNTY /rL March 6, 2025 COORDINATES NAD83 (1986) RRyan M. terson eg steredeLand Surveyor LAKE & LAND SURVEYING. JOB NO. 2025.032 JK Minnesota Registration No. 60424 W Attachment F .� f �, INDA 5 � �T ©Stephen Forestell <stevefjigs@gmail.com> to me Hi, Phil — I have received one other vote supporting your project , which is a majority. Your project is approved. Good luck! Steve Sent from my Fad > On Oct 18, 2024, at 1:44 PM, Philip Low <philiplow@gmail.com> wrote: Attachment G Wed, Oct 23, 2024, 8:01 AM * Q E' Attachment H I hereby give my consent for Philip Low of 1126 Benton Way, Arden Hills Mn 55112 to build a vestibule extending his existing entryway. I have looked at the drawings for this project and I give my approval. Signed, Mark or Julia Mosby, 1125 Benton Way I hereby give my consent for Philip Low of 1126 Benton Way, Arden Hills Mn 55112 to build a vestibule extending his existing entryway. I have looked at the drawings for this project and I give my approval. Signed, Steve or Jody Paru Benton Way Attachment I o0o, Attachment J lt EN HILLS MEMORANDUM DATE: April 9, 2025 PC Agenda Item — 3A TO: Planning Commission Chair and Commissioners FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #25-001— Public Hearing Required Applicant: Philip Low Property Location: 1126 Benton Way Request: Variance and Conditional Use Permit Requested Action Philip Low ("Applicant") has submitted an application for a Variance to construct an addition to the southwest elevation of the existing principal structure at 1126 Benton Way ("Subject Property"). To construct this proposal, the Applicant is seeking a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent. The Applicant is proposing a 4.4 foot by 6.8 foot addition to expand the existing principal structure footprint by 30 square feet. The Applicant has also submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way. The Applicant is the owner of piano lessons business. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence. The Applicant is proposing to meet with customers in - person by appointment only which triggered the Class II designation requiring a Conditional Use Permit. Background 1. Existing Site Conditions: 1126 Benton Way ("Subject Property") is zoned R-3, Townhouse and Low -density Multiple Dwelling District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All adjacent properties to the north, east, and south are also zoned R-3, Townhouse and Low -density Multiple Dwelling District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcel to the west is zoned B-2, General Business District, and designated for Commercial Uses in the 2040 Comprehensive Land Use Plan. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 1 of 14 In the 1970s, the Subject Property was established as part of the Hunters Park neighborhood and homeowners associations through a Planned Unit Development (PUD). A PUD can permit a greater amount of flexibility for developments from the underlying zoning regulations. The Hunters Park PUD used the flexibility permitted in the PUD process, and the neighborhood was designed with varying lot sizes, structure setbacks, and lot coverages. A number of the lots were permitted to have structures that did not meet the underlying zoning requirements, which is a legitimate use of the PUD process. Because the lot sizes and building locations were approved as part of the PUD process, they are not considered nonconforming even if they do not meet the underlying R- 3 zoning requirements. In 1985, the City Council approved a process evaluating future changes to structures in Hunters Park: ■ If additions or alterations to the homes do not require setback or coverage variances from the R-3 Zone, only a building permit issued administratively by the City shall be required. This removed the need for a PUD amendment with every change. ■ If additions or alterations to cluster homes do require additional variances of any kind from the R-3 Zone, the standard variance procedure set by the City shall apply. ■ If both cases, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. It shall assist individual homeowners in determining if a variance is required for proposed alterations. According to the planning case files, the Hunters Park homeowner association approved this process along with the City. Since many of the lots and structures are "nonconforming" under the R-3 regulations, a variance is almost always required. There have been at least five variances approved for additions in the Hunters Park neighborhood; however, past variance approvals are not a basis for current variance reviews. In 2009, a previous owner of the Subject Property requested three variances to construct a 585 square foot addition to the dwelling. The proposed addition encroached eight (8) feet into the required 30 foot rear yard setback, encroached four (4) feet into the required 40 foot front yard setback, and increased the structure coverage on the lot from 19.4 percent to 26 percent. The variance was approved by the City Council with approval from the Architectural and Environmental Committee of the Hunters Park Homeowners Association. The proposed addition was constructed before the Applicant became the owner of the Subject Property. 2. Site Data 2040 Future Land Use Plan: LDR — Low Density Residential Existing Land Use: Single Family Dwelling Zoning: R-3: Townhouse and Low -density Multiple Dwelling District Lot Size: 0.2 acres Proposed Use: City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 2 of 14 The Applicant is requesting a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent and construct a 4.4 foot by 6.8 foot addition on the principal structure. The existing structure coverage on the Subject Property is 26.9 percent and the proposed addition would increase the coverage to 27.3 percent. The proposed addition would expand the structure footprint by 30 square feet, bringing the total structure coverage from 1643 square feet to 1673 square feet. Section 1320.06 of the Arden Hills City Code requires a maximum structure coverage of 25 percent on residential properties. According to the Applicant's narrative, there are fluctuations in temperature and humidity at the southwest corner of the home which have resulted in damage to the Applicant's grand piano. A classical pianist, the Applicant had taken other measures to address the climate issues within the home without success before landing on a construction solution. The proposed addition is an exterior vestibule, and its purpose is to create a separate space between the room where the piano is located and the exterior of the principal structure to remedy the temperature control problems which have damaged two grand pianos at the Subject Property. Initially, the Applicant considered the construction of a vestibule within the existing principal structure footprint. The Applicant states that the design of a vestibule inside the home drastically reduced the functionality of the rest of the room and was not a workable option. The Applicant has provided site drawings for the proposed addition in Attachment E. The Applicant is requesting a variance for flexibility from the 25 percent structure coverage requirement to construct the proposed addition of 30 square feet. The Subject Property was developed in 1974 in accordance with the Hunters Park PUD. The Subject Property was expanded with an addition to the dwelling in 2009 following the approval of a variance request for flexibility from front and rear yard setback requirements and the structure coverage requirement. The 2009 request was made by a previous property owner. The Applicant would not be able to construct the proposed addition without a variance. The Applicant has also submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of their piano lessons business. The Applicant is the sole employee of the business and teaches about three (3) to six (6) hours in a day. Piano lesson students are seen one at a time during scheduled times Monday through Friday between the hours of 3:00 p.m. and 9:30 p.m. and Saturday 9:00 a.m. to 4:00 p.m. with 30- 60-minute breaks between some students. Piano students or their parents park their vehicle in the Subject Property's driveway and one car departs when another arrives. The Applicant states that one student and their parent would be on the premises during a lesson and that lessons are conducted entirely within the home. There is no exterior evidence of the piano lesson business outside the home and the lessons do not require a separate entrance to the property. The piano lessons are conducted in one room of the house, indicated in the site plan included as Attachment F. Approvals: City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 3 of 14 1. Variance The Planning Commission is being asked to determine if a variance request for flexibility on the structure coverage should be approved. The submitted survey shows the location of the proposed addition. The evaluation of the proposal should be based on the District Provisions in Section 1320 and the Requirements for a Variance in Section 1355.04, Subd. 4. 2. Conditional Use Permit A Conditional Use Permit is required for Class II Accessory Home Occupations. A home occupation is allowed in residential zoning districts as an accessory use, but it becomes a Class II Home Occupation when there are patrons visiting the premises. City Code Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists the criteria for evaluating a Conditional Use Permit. The Planning Commission should consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community, in general, including but not limited to the following factors: 1. Existing and anticipated traffic and parking conditions; 2. Noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; 3. Drainage; 4. Population density; 5. Visual and land use compatibility with uses and structures on surrounding land; 6. Adjoining land values; 7. Park dedications where applicable; 8. Orderly development of the neighborhood and the City within the general purpose and intent of the Zoning Code and the Comprehensive Development Plan for the City. Under state law, a conditional use is a use that is generally allowed in a designated district upon the applicant showing that the standards and criteria stated in the ordinance will be satisfied. Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City's discretion is more limited in these matters than in a comprehensive plan or rezoning application. Plan Evaluation 1. Chapter 13, Zoning Code Review District Provisions (R-3 Townhouse and Low -density Multiple Dwelling District) — Section 1320.06 Lot Size and Dimensions — Planned Unit Development, Meets Requirements The Subject Property was constructed in 1974 with a lot area of 8,825 square feet (Attachment D). Section 1320 — District Provisions of the Zoning Code requires a minimum lot size of 11,000 square feet per single-family dwelling unit. The Subject Property was developed as part of the Hunters Park PUD. A PUD can permit a greater amount of flexibility for developments from the City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 4 of 14 underlying zoning regulations. The Hunters Park PUD used the flexibility permitted in the PUD process, and the neighborhood was designed with varying lot sizes. FrODosea,) ate Flan -r a c� x 9t9.M 9 S�%3�``,, �9. xelele I I I I • 1 r- r� r♦ r♦ I ! W _.- 1 I ., I • I a__ i ., 1 , , 1 , 1 , N ----- I,,,a. rn.]T / - --_--y '- WND 9- _ DEat `� ' Q;O 43O __. / _ - 46 P �`, 3/4 NCH ^ � r l' fie. // o �J b„416'1 • \ • IRON PPE 91IIb19•B•5 _-` N —J ` .� 9ENCHMARK: TOP NO OF HYJRAVi ELEVATION— 925.16 (AS%9WED) �./ za J a; :•: . '�••: EXISTING HOUSE SS / • ,"- a / , 111111.30 an .. 0- liaa.oa / 9111,77 \^v6A 8 e // ARCH. 1149 SOFT. x I } MalI fir .. ...._ .Y x R k 7a 1a•' ea �EXISIING' �'•:%'., j; Nq�ND SST/ p� 4 ,, .: q}teZ 9nez Y, 0). JO $p F. '�♦^ 4�CS Q _ FARAG ,o / sus• // EXISTING S • / GARAGE.:• BLOCK yu F •r `•: wise win •x py CQ 909.97 ' am12 r tl r � � r- . .. • I r. r. r. I -I- I .. • I `. I . EXISTING N I HOUSE �•_ 0) Legal Description o' Certificate of Title No. 606583 Lot 8, Block 1, HUNTERS PARK SECOND ADDITION, Ramsey County, Minnesota. I Structure Setbacks — Planned Unit Development, Flexibility Granted in Previous Approval The proposed addition would not impact existing setbacks. In the R-3 District, the minimum front and rear setback requirements are 40 feet and 30 feet, respectively. As part of the Hunters Park PUD, the Subject Property was developed with varying structure setbacks. In 2009, the Subject Property was granted flexibility to construct a 585 square foot addition that would encroach eight (8) feet into the required 30 foot rear yard setback and encroach four (4) feet into the required 40 foot front yard setback. The detached garage on the Subject Property was developed when the principal structure was constructed in 1974 and has a 3.5 foot side yard setback from the southwest property line. The proposed addition would not encroach into any existing setbacks. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 5 of 14 Required Existing Notes Proposed Front Setback 40 feet 36 feet Flexibility granted No change in 2009 Variance Rear Setback 30 feet 21.9 feet Flexibility granted No change in 2009 Variance Side Yard 5 —28 feet Detached garage No change setback = 3.5 feet Side Yard 5 6.8 feet No change Side Yard Total 15 feet 34.8 feet No change Both Side Yards Landscaped Area — Planned Unit Development, Meets Requirements The proposed addition would not impact existing landscaped area. In the R-3 District, the minimum landscaped area required without a variance is 65% of the property or 5,736.25 square feet. The Subject Property has an existing landscaped area of 5,102 square feet or 57.8%. As part of the Hunters Park PUD, the Subject Property was developed with flexibility for lot coverage. The proposed addition would be constructed on top of existing sidewalk on the property and would therefore not impact the existing landscaped area. Structure Coverage — Planned Unit Development, Flexibility Granted in Previous Variance Approval, Flexibility Requested The R-3 District allows for a maximum structure coverage of 25% or 2,206.25 square feet of the Subject Property. In 2009, the previous owner of the Subject Property was approved for a structure coverage variance and permitted to exceed the maximum requirement to construct an addition that would increase the property's structure coverage to 26 percent. According to the Certificate of Survey submitted by the Applicant (Attachment D), the existing structure coverage is 2,378 square feet or 26.9%. The proposed addition would increase the total structure coverage by 30 square feet for a total of 2,408 square feet, or 27.3% of the Subject Property. Floor Area Ratio — Meets Requirements The R-3 District permits for a maximum floor area ratio of .3. Floor area is calculated as the sum of the gross horizontal area of all floors of a building as measured in square feet from the exterior walls, but not including decks; space where the average floor -to -ceiling height is less than six feet; attached or detached garages; and other detached accessory structures. For the Subject Property, the maximum floor area permitted is 2,647.5 square feet. The existing floor area for the lot is 2,137 square feet and the floor area ratio is .242. The proposed addition is a main level principal structure addition which would increase the property's floor area by 30 square feet for a total of 2,167 square feet and a floor area ratio of .245. 1. Variance Review The role of the Planning Commission is to determine and consider how the facts presented to them compare with the city's articulated standards. The Commission should base their decision on the facts presented and then apply those facts to the legal standards contained in city ordinances and City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 6 of 14 relevant state law. Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While the Planning Commission may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help in addressing these factors, however, unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. The Planning Commission may impose conditions when granting variances as long as the conditions are directly related and bear a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed the front setback limit, any conditions attached should presumably relate to mitigating the effect of the encroachment. 2. Variance Requirements — Section 1355.04, Subd. 4 The Applicant requests a variance to construct a principal structure addition to the southwest elevation of their existing principal structure that would exceed the maximum structure coverage of 25 percent and increase the existing structure coverage from 26.9 percent to 27.3 percent in the R-3, Townhouse and Low -density Multiple Dwelling District. In 2009, the Subject Property was approved for a structure coverage variance at 26 percent and today the existing structure coverage is 26.9 percent. The Planning Commission will need to make a determination utilizing the following variance findings and criteria on whether there are practical difficulties with complying with the zoning regulations. If the Applicant does not meet all the factors of the statutory test, then a variance should not be granted. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 1. Purpose and Intent. The variance request shall comply with the purpose and intent of the provisions of the City's Zoning Regulations and with the policies of the City's Comprehensive Plan. The variance request for 1126 Benton Way is for a principal structure addition. The Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is guided as Low Density Residential on the Land Use Plan. 1126 Benton Way was developed as part of the Hunters Park neighborhood PUD. 2. Practical Difficulties. The Applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the Applicant, the proposed principal structure addition would address a temperature control problem within the dwelling. Fluctuations in temperature and humidity have resulted in damage to the Applicant's property and the issue has not been addressed through other measures to maintain a consistent climate within the dwelling. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 7 of 14 The Applicant is proposing an exterior vestibule addition to resolve the issue. The addition on the property would not be permitted by the Zoning Ordinance. b. Unique Circumstances. The plight of the property owner is due to circumstances unique to the property not created by the landowner. According to the Applicant, the climate issue is due to the design of the addition constructed on the principal structure in 2009. The Applicant purchased the dwelling in 2015 and did not create the circumstances that have led them to request a variance. The requested variance would address the issue created by previous improvements to the Subject Property. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. According to the Applicant, the proposed addition will not alter the character of the neighborhood. The designed addition would be built in the same style and color as the rest of the house and with the same materials. It will be 30 square feet constructed between the principal structure and detached garage and the Applicant states that most people would be unlikely even to notice it is there. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. The Applicant states that there is no economic advantage to the requested variance. They state that a professional realtor shared that if the Applicant were to sell the home, it is likely that less than 30 percent of the value of the vestibule addition would be recovered. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. A solar energy system is not proposed. Section 1325 — General Regulations, 1325.02 Accessory Uses, Subd. 3 Home Occupations A. Home occupations are allowed as either accessory uses or conditional uses depending on the characteristics of the operation. All home occupations shall comply with the following conditions: 1. It shall not result in traffic, parking, noise, light, fumes and odors to such an extent that it is noticeable that the property is being used for non-residential purposes. The Applicant states that the piano lessons business would not result in any noise, light, fumes, or odors. As for traffic, the Applicant shares that there will be only one car arriving at a time and will be parked in the Subject Property's driveway. One student and their parent would be present at a time. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 8 of 14 2. It shall be conducted entirely within the dwelling. All of the business activity will be conducted entirely within the dwelling. The Applicant has an approximate 160 square foot main floor space dedicated to perform the business operations. A floor plan is included below. Building Floor Plan — Location of Business Operations 3. There is no exterior evidence of the home occupation. All business operations will take place inside the dwelling and the Applicant states that there will be no exterior evidence. No advertisement (i.e. signage) shall be placed on the property noting that there is a business being operated on the property. 4. It does not require any special entrances to the dwelling. The proposed home occupation will not require any additional entrances to the dwelling. Students use the same entrance to the dwelling for their lessons as is used for access to the residential dwelling. B. Class II Conditional Accessory Home Occupations. Home occupations may be allowed by Conditional Use Permit as regulated in Section 1355.04 Subd 3.C.1 if they meet the conditions stipulated above for all Home Occupations and the following conditions: 1. The primary business activity shall be conducted by an occupant of the residence; The Applicant is the sole occupant and owner of the Subject Property and owner of the piano lesson business. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 9 of 14 2. One person not residing in the residence maybe employed to assist in the business activity; The Applicant states there are no other employees of the piano lesson business and is not requesting as part of the CUP to be allowed additional employees. 3. It does not occupy more than thirty-three (33) percent of the floor area of the dwelling; The total floor area of the dwelling is 2,137 square feet. If the variance request included in the Applicant's land use application is approved, and the proposed addition constructed, the total floor area of the dwelling would increase to 2,167 square feet. The proposed home occupation will occupy 160 square feet of the dwelling, or 7.3 percent. The Applicant will perform the business operations in the identified space within the dwelling. 4. It has a limited number of patrons visiting the premises; The Applicant has stated that the number of patrons visiting the premises is limited to 4 to 8 students during scheduled lessons. Monday through Friday, piano lessons start after school, between 3:00 p.m. and 5:00 p.m. and end between 8:00 p.m. and 9:30 p.m. On Saturdays, hours range from 9:00 a.m. to 4:00 p.m. As the only teacher, the Applicant teaches about 3 to 6 hours, depending on the day and the number of students is the same from day to day. 5. Off-street parking for no more than two (2) additional vehicles other than those required by the occupants shall be permitted. On -street parking shall not be used to satisfy required parking; and, The proposed home occupation will not result in the need for any on -street parking. The Applicant states the students park in the Subject Property's driveway using one vehicle at a time. When one vehicle arrives, the previous vehicle leaves. The Applicant's car remains in the garage. 6. It requires delivery of products to the premises no more than once per day. The proposed home occupation does not include a request for deliveries. The Applicant has stated that there will be no delivery of any products to the premises at any time. C. Class II Conditional Accessory Home Occupations. Applications for a Class II Home Occupation as stipulated by Section 1355.04 Subd 3.C.2 shall be accompanied by the following information: 1. A photograph of the residence. Included in submission, Attachment I 2. A floor plan indicating the floor area to be used by the home occupation along with a tabulation of the total floor area and the floor area to be used for the home occupation. Included in submission, Attachment F 3. A statement describing the home occupation and the compliance with the required conditions. Included in submission, Attachment C 4. A copy of the state or county license or permit if such a license or permit is required by the state or county for the proposed home occupation. N/A City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 10 of 14 2. Sign Code — Chapter 12 This approval does not include signs. Staff recommends adding a condition that prohibits signage as part of the approval. Suggested Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings for consideration: General Findings: 1. City Staff received a land use application for the subject property located at 1126 Benton Way. 2. The Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 3. The Applicant's land use application includes a request for a variance to the required R-3 Zoning District maximum structure coverage requirement to construct a 30 square foot principal structure addition. 4. The Subject Property is part of the Hunters Park neighborhood development. If a variance is required for a proposed alteration, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. 5. A single-family dwelling is a permitted use within the R-3 Zoning District. 6. The Applicant has provided documentation that the Hunters Park Homeowners Association Architectural and Environmental Committee and both of their neighbors have reviewed and approved the submitted plans. 7. The Applicant states that the addition would be located between the house and the garage and that most people would be unlikely even to notice it is there. 8. The proposed addition would result in the Subject Property having an increased structure coverage of 27.3 percent. Variance Criteria Findings: 9. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 10. The proposed addition would not alter the essential character of the neighborhood because the proposed design will look and feel consistent with the existing structure. 11. The variance request is not based on economic considerations alone. Conditional Use Permit Findings: 12. The Applicant's land use application also includes a request for a Conditional Use Permit for a Class II Home Occupation to conduct piano lessons at the Subject Property. 13. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises. City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 11 of 14 14. The proposed home occupation would have a limited number of patrons visiting the home during set hours, as the Applicant would only be seeing one client at a time, by appointment. 15. The Applicant is the sole owner and employee of a piano lesson business. 16. The Applicant is the sole owner and occupant of the Subject Property. 17. The home occupation is conducted entirely within the dwelling. 18. Clients visiting the dwelling would park in the driveway on the Subject Property. 19. There will be no exterior evidence of the home occupation. 20. A public hearing for a Conditional Use Permit request is required before the request can be brought before the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. Variance 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 25- 001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way, based on the findings of fact and submitted plans in the April 9, 2025 Report to the Planning Commission, subject to the following conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building addition shall conform to all other standards and regulations in the City Code. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way, based on the findings of fact and submitted plans in the April 9, 2025, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way based on the following findings of fact: the Planning Commission should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition 1126 Benton Way for the following reasons: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Conditional Use Permit 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 12 of 14 Benton Way, based on the findings of fact and submitted plans in the April 9, 2025 Report to the Planning Commission, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 4. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way, based on the findings of fact and submitted plans in the April 9, 2025, Report to the Planning Commission. 3. Recommend Denial: Motion to recommend denial of Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way based on the following findings of fact: the Planning Commission should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way for the following reasons: the Planning Commission should identify a specific reason and/or information request should be included with a motion to table. Notice and Public Comments Notice was published in the Pioneer Press on March 27, 2025. Notice was prepared by the City and mailed to property owners within 1000 feet of the subject property. Staff has not received any public comments. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 28, 2025. Pursuant to Minnesota State Statute, the City must act on this request by April 28, 2025 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to June 27, 2025 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the April meeting cycle. Attachments A. Land Use Application B. Location Map C. Applicant Narrative City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 13 of 14 D. Certificate of Survey E. Addition Building Plans F. Floor Plan for Home Occupation Area G. A&E-HOA Approval H. Neighbor Approval I. Pictures of Residence City of Arden Hills Planning Commission Meeting for April 9, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 14 of 14 Attachment K 'I't �-ARkEN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 9, 2025 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Collins called to order the regular Planning Commission meeting at 6:30 p.m. unUT, ("AUT, Present were: Chair Joshua Collins, Commissioners Jessica Birken, Brad Bjorklund, Patrick Burlingame, Stephen Erler, Nancy Jacobson, and Ben Lindau. Absent: None. Also present were: City Administrator Jessica Jagoe, Senior Planner Elena Fransen and Council Liaison Kurt Weber. APPROVAL OF AGENDA — APRIL 9, 2025 Commissioner Biorklund moved, seconded by Commissioner Erler, to approve the April 9, 2025, agenda as presented. The motion carried unanimously (7-0). APPROVAL OF MINUTES February 5, 2025 — Planning Commission Regular Meeting Commissioner Erler moved, seconded by Commissioner Lindau, to approve the February 5, 2025, Planning Commission Regular Meeting as presented. The motion carried 6-0-1 (Commissioner Biorklund abstained). PLANNING CASES A. Planning Case 25-001 — 1126 Benton Way — Variance and Conditional Use Permit — Public Hearing Senior Planner Fransen explained Philip Low ("Applicant") has submitted an application for a Variance to construct an addition to the southwest elevation of the existing principal structure at 1126 Benton Way ("Subject Property"). To construct this proposal, the Applicant is seeking a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent. The Applicant is proposing a 4.4 foot by 6.8 foot addition to expand the existing principal structure footprint by ARDEN HILLS PLANNING COMMISSION — April 9, 2025 2 30 square feet. The Applicant has also submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way. The Applicant is the owner of piano lessons business. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence. The Applicant is proposing to meet with customers in -person by appointment only which triggered the Class II designation requiring a Conditional Use Permit. Senior Planner Fransen stated the Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District, and is designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The Subject Property is the site of a single-family dwelling owned by the Applicant. All adjacent properties to the north, east, and south are also zoned R-3, Townhouse and Low -density Multiple Dwelling District, and designated for Low Density Residential Uses in the 2040 Comprehensive Land Use Plan. The parcel to the west is zoned B-2, General Business District, and designated for Commercial Uses in the 2040 Comprehensive Land Use Plan. Senior Planner Fransen explained in the 1970s, the Subject Property was established as part of the Hunters Park neighborhood and homeowners associations through a Planned Unit Development (PUD). A PUD can permit a greater amount of flexibility for developments from the underlying zoning regulations. The Hunters Park PUD used the flexibility permitted in the PUD process, and the neighborhood was designed with varying lot sizes, structure setbacks, and lot coverages. A number of the lots were permitted to have structures that did not meet the underlying zoning requirements, which is a legitimate use of the PUD process. Because the lot sizes and building locations were approved as part of the PUD process, they are not considered nonconforming even if they do not meet the underlying R- 3 zoning requirements. In 1985, the City Council approved a process evaluating future changes to structures in Hunters Park: • If additions or alterations to the homes do not require setback or coverage variances from the R-3 Zone, only a building permit issued administratively by the City shall be required. This removed the need for a PUD amendment with every change. • If additions or alterations to cluster homes do require additional variances of any kind from the R-3 Zone, the standard variance procedure set by the City shall apply. • If both cases, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. It shall assist individual homeowners in determining if a variance is required for proposed alterations. Senior Planner Fransen reported according to the planning case files, the Hunters Park homeowner association approved this process along with the City. Since many of the lots and structures are "nonconforming" under the R-3 regulations, a variance is almost always required. There have been at least five variances approved for additions in the Hunters Park neighborhood; however, past variance approvals are not a basis for current variance reviews. In 2009, a previous owner of the Subject Property requested three variances to construct a 585 square foot addition to the dwelling. The proposed addition encroached eight (8) feet into the required 30 foot rear yard setback, encroached four (4) feet into the required 40 foot front yard setback, and increased the structure coverage on the lot from 19.4 percent to 26 percent. The variance was approved by the City Council with approval from the Architectural and Environmental Committee of the Hunters Park Homeowners Association. The proposed addition was constructed before the Applicant became the owner of the Subject Property. ARDEN HILLS PLANNING COMMISSION April 9, 2025 3 Senior Planner Fransen stated the Applicant is requesting a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent and construct a 4.4 foot by 6.8 foot addition on the principal structure. The existing structure coverage on the Subject Property is 26.9 percent and the proposed addition would increase the coverage to 27.3 percent. The proposed addition would expand the structure footprint by 30 square feet, bringing the total structure coverage from 1643 square feet to 1673 square feet. Section 1320.06 of the Arden Hills City Code requires a maximum structure coverage of 25 percent on residential properties. Senior Planner Fransen explained that the Applicant also submitted a Conditional Use Permit application to allow a Class II Accessory Home Occupation on the Subject Property for the operation of their piano lessons business. The Applicant is the sole employee of the business and teaches about three (3) to six (6) hours in a day. Piano lesson students are seen one at a time during scheduled times Monday through Friday between the hours of 3:00 p.m. and 9:30 p.m. and Saturday 9:00 a.m. to 4:00 p.m. with 30-60-minute breaks between some students. Piano students or their parents park their vehicle in the Subject Property's driveway and one car departs when another arrives. The Applicant states that one student and their parent would be on the premises during a lesson and that lessons are conducted entirely within the home. There is no exterior evidence of the piano lesson business outside the home and the lessons do not require a separate entrance to the property. Senior Planner Fransen reviewed the surrounding area, the Plan Evaluation and provided the Findings of Fact for review: General Findings: 1. City Staff received a land use application for the subject property located at 1126 Benton Way. 2. The Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 3. The Applicant's land use application includes a request for a variance to the required R-3 Zoning District maximum structure coverage requirement to construct a 30 square foot principal structure addition. 4. The Subject Property is part of the Hunters Park neighborhood development. If a variance is required for a proposed alteration, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. 5. A single-family dwelling is a permitted use within the R-3 Zoning District. 6. The Applicant has provided documentation that the Hunters Park Homeowners Association Architectural and Environmental Committee and both of their neighbors have reviewed and approved the submitted plans. 7. The Applicant states that the addition would be located between the house and the garage and that most people would be unlikely even to notice it is there. 8. The proposed addition would result in the Subject Property having an increased structure coverage of 27.3 percent. Variance Criteria Findings: 9. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. ARDEN HILLS PLANNING COMMISSION — April 9, 2025 4 10. The proposed addition would not alter the essential character of the neighborhood because the proposed design will look and feel consistent with the existing structure. 11. The variance request is not based on economic considerations alone. Conditional Use Permit Findings: 12. The Applicant's land use application also includes a request for a Conditional Use Permit for a Class II Home Occupation to conduct piano lessons at the Subject Property. 13. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises. 14. The proposed home occupation would have a limited number of patrons visiting the home during set hours, as the Applicant would only be seeing one client at a time, by appointment. 15. The Applicant is the sole owner and employee of a piano lesson business. 16. The Applicant is the sole owner and occupant of the Subject Property. 17. The home occupation is conducted entirely within the dwelling. 18. Clients visiting the dwelling would park in the driveway on the Subject Property. 19. There will be no exterior evidence of the home occupation. 20. A public hearing for a Conditional Use Permit request is required before the request can be brought before the City Council. Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way: 1. Recommend Approval with Conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building addition shall conform to all other standards and regulations in the City Code. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Senior Planner Fransen reviewed the options available to the Planning Commission for Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way: 1. Recommend Approval with Conditions 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted. 3. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 4. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Recommend Approval as Submitted 3. Recommend Denial 4. Table Chair Collins opened the floor to Commissioner comments. ARDEN HILLS PLANNING COMMISSION April 9, 2025 5 Commissioner Birken explained she drove by the property today and she believed the request made sense. Commissioner Burlingame stated he would be recusing himself from taking action on this item because Dr. Low is his son's piano teacher. Commissioner Lindau commented he believed the applicant was making a reasonable requestion. Commissioner Bjorklund asked if the applicant has paid $750 for this application, along with an escrow that had to amount to $3,000. Senior Planner Fransen explained the applicant had to pay a $750 fee for the land use application for the variance and conditional use permit request in addition to the escrows. Commissioner Bjorklund reported he had no conflict of interest, but apologized to Dr. Low for the fees that were being charged given how simple this request was. He indicated he would be offering his support for the variance and conditional use permit. Commissioner Jacobson stated she believed this would be a great project that would solve the problems the applicant has with his home. She indicated she would be offering her support for the requests. Chair Collins invited the applicant to come forward at this time. Philip Low, 1126 Benton Way, commented over the past few winters his grand piano has lost its touch and tuning. He explained his home was in need of a vestibule to protect the climate surrounding his piano. Commissioner Birken asked where cars parked for lessons. Dr. Low explained visitors park to one side or the other of his driveway in order to accommodate two cars during lessons. He reported he owned the extra pavement the extends from his house and this was used for backing out. Chair Collins opened the public hearing at 7:01 p.m. Chair Collins invited anyone for or against the application to come forward and make comment. Mary Henry, 3521 Ridgewood Court, explained she was a piano student of Dr. Low and reported it brings her great joy to take lessons from Dr. Low. She commented on how the proposed addition would not be visible except from one neighbor across the street, but would have a great impact on Dr. Low's pianos. There being no additional comment Chair Collins closed the public hearing at 7:03 p.m. Commissioner Erler moved and Commissioner Birken seconded a motion to recommend approval of Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way based on the findings of fact and the submitted ARDEN HILLS PLANNING COMMISSION April 9, 2025 6 plans, as amended by the conditions in the April 9, 2025, report to the Planning Commission. The motion carried 6-0-1 (Commissioner Burlingame abstained). Commissioner Jacobson moved and Commissioner Erler seconded a motion to recommend approval of Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way based on the findings of fact and the submitted plans, as amended by the conditions in the April 9, 2025, report to the Planning Commission. Commissioner Bjorklund explained the homeowner can put up a sign that has his name on it. Commissioner Birken commented the staff report states very clearly, no exterior evidence of the home occupation shall be permitted, which means this type of signage was not allowed. Commissioner Bjorklund did not support denying Dr. Low the right to put his name on his house. Commissioner Birken stated Condition 2 could be changed to read: No exterior signage shall be permitted as evidence of the home occupation. Commissioner Bjorklund supported this language amendment. Chair Collins commented the language within the general summary ensures the neighborhood does not turn into a commercial district. He explained the language in Condition 2 would speak to allowing a name sign in a residential neighborhood. Commissioner Bjorklund indicated he did not support signage for the piano business, but noted he could support the Low family having a name sign on their house. Chair Collins suggested Condition 2 be modified to ensure the signage on this property was not commercial in nature. He asked if the maker of the motion and seconder, would accept this friendly amendment. Commissioner Jacobson and Commissioner Erler accepted the friendly amendment with the new language for Condition 2. The motion carried unanimously 6-0-1 (Commissioner Burlingame abstained). UNFINISHED AND NEW BUSINESS A. Zoning and Subdivision Ordinance Update Discussion - HKGi Jason Zimmerman, HKGi, stated the current zoning and subdivision ordinances were adopted in 1993 but have been amended several times since — occasionally resulting in inconsistencies and poor formatting. In addition, procedures and some content need to be updated to reflect modern administration and new tools and technologies. HKGi has conducted a full evaluation of the current code and will be working throughout 2025 to meet with the Planning Commission and City Council in order to revise the organization and contents of the zoning and subdivision chapters. 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CL M O4-1 �_ •°+�' a--j s Q Qj U Qj U O= a E �o m 4-14-1 a o v 4 V) Qj 4-1 v �s s V) o (/) O Qj DSZ •� L � O .c) v Q) Q 4-1 W W Qj 4-1 s L, v O - Ln 't� 4 N O o O a m CL Lr; U C6 N N .N 4- 0 ro QL Ln ro N Q 0 CL c6 e Lfi N O N 00 s +-j s CL V CL Ln 4-1 C- a) E E O U U NEW BUSINESS -11A 'It -A EN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #25-001— Public Hearing Required Applicant: Philip Low Property Location: 1126 Benton Way Request: Variance and Conditional Use Permit Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Adoption of Resolution 2025-038 for Planning Case 25-001 for a Variance at 1126 Benton Way. • Adoption of Resolution 2025-039 for Planning Case 25-001 for a Conditional Use Permit at 1126 Benton Way. Background Philip Low ("Applicant") has submitted an application for a Variance to construct an addition to the southwest elevation of the existing principal structure at 1126 Benton Way ("Subject Property"). To construct this proposal, the Applicant is seeking a variance to exceed the maximum structure coverage of 25 percent to 27.3 percent. The Applicant is proposing a 4.4 foot by 6.8 foot addition to expand the existing principal structure footprint by 30 square feet. The Applicant has also submitted an application for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way. The Applicant is the owner of a piano lessons business. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence. The Applicant is proposing to meet with customers in - person by appointment only which triggered the Class II designation requiring a Conditional Use Permit. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 1 of 4 Suggested Findings of Fact The Planning Commission reviewed this application at their April 9, 2025 meeting and have offered the following findings of fact for your consideration: General Findings: 1. City Staff received a land use application for the subject property located at 1126 Benton Way. 2. The Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is designated for Low Density Residential uses on the 2040 Comprehensive Plan. 3. The Applicant's land use application includes a request for a variance to the required R-3 Zoning District maximum structure coverage requirement to construct a 30 square foot principal structure addition. 4. The Subject Property is part of the Hunters Park neighborhood development. If a variance is required for a proposed alteration, the Architectural and Environmental Committee of the Hunters Park Homeowners Association shall review and approve the proposed addition or alteration before submitting the same to the City. 5. A single-family dwelling is a permitted use within the R-3 Zoning District. 6. The Applicant has provided documentation that the Hunters Park Homeowners Association Architectural and Environmental Committee and both of their neighbors have reviewed and approved the submitted plans. 7. The Applicant states that the addition would be located between the house and the garage and that most people would be unlikely even to notice it is there. 8. The proposed addition would result in the Subject Property having an increased structure coverage of 27.3 percent. Variance Criteria Findings: 9. Variances are only permitted when they are in harmony with the general purposes and intent of the ordinance. 10. The proposed addition would not alter the essential character of the neighborhood because the proposed design will look and feel consistent with the existing structure. 11. The variance request is not based on economic considerations alone. Conditional Use Permit Findings: 12. The Applicant's land use application also includes a request for a Conditional Use Permit for a Class II Home Occupation to conduct piano lessons at the Subject Property. 13. A home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are patrons visiting the premises. 14. The proposed home occupation would have a limited number of patrons visiting the home during set hours, as the Applicant would only be seeing one client at a time, by appointment. 15. The Applicant is the sole owner and employee of a piano lesson business. 16. The Applicant is the sole owner and occupant of the Subject Property. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 2 of 4 17. The home occupation is conducted entirely within the dwelling. 18. Clients visiting the dwelling would park in the driveway on the Subject Property. 19. There will be no exterior evidence of the home occupation. 20. A public hearing for a Conditional Use Permit request is required before the request can be brought before the City Council. 21. The required public hearing was held at the April 9, 2025, Planning Commission meeting. Options and Motion Language The Planning Commission reviewed this application at their April 9, 2025, meeting. At that time, they recommended approval of the variance request with two conditions by a 6-0-1 vote (Commissioner Burlingame abstained). The following are motion language options for the City Council to consider. Variance 1. Approval with Conditions: Motion to approve Resolution 2025-038, approving Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way, based on the findings of fact and submitted plans in the April 28, 2025, Report to the City Council, subject to the following conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building addition shall conform to all other standards and regulations in the City Code. 2. Approval without Conditions: Motion to approve Resolution 2025-038, approving Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way, based on the findings of fact and submitted plans in the April 28, 2025, Report to the City Council. 3. Denial: Motion to deny Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition at 1126 Benton Way based on the following findings of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 25-001 for a Variance to construct a 30 square foot principal structure addition 1126 Benton Way for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. At their April 9, 2025, meeting, the Planning Commission recommended approval of the Conditional Use Permit request for the Applicant's piano lessons business with four conditions by a 6-0-1 vote (Commissioner Burlingame abstained). The Planning Commission recommended amending Condition Number 4 to read "No exterior signage shall be permitted as evidence of the home occupation." The following are motion language options for the City Council to consider. City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 3 of 4 Conditional Use Permit 1. Approval with Conditions: Motion to approve Resolution 2025-039, approving Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way, based on the findings of fact and submitted plans in the April 28, 2025 Report to the City Council, subject to the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted as evidence of the home occupation. 3. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 4. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. 2. Approval without Conditions: Motion to approve Resolution 2025-039, approving Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way, based on the findings of fact and submitted plans in the April 28, 2025, Report to the City Council. 3. Denial: Motion to deny Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way based on the following findings of fact: the City Council should identify findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 25-001 for a Conditional Use Permit to allow a Class II Accessory Home Occupation at 1126 Benton Way for the following reasons: the City Council should identify a specific reason and/or information request should be included with a motion to table. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on February 28, 2025. Pursuant to Minnesota State Statute, the City must act on this request by April 28, 2025 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period. With consent of the Applicant, the City may extend the review period beyond the initial 120 days. The City provided the Applicant with written notification extending the review period to June 27, 2025 (120 days) based on the date of the submission for review by the Planning Commission and City Council during the April meeting cycle. Budget Impact N/A Attachments A. Resolution 2025-038 — Approving Variance for 1126 Benton Way B. Resolution 2025-039 — Approving CUP for 1126 Benton Way C. Presentation City of Arden Hills City Council Meeting for April 28, 2025 P:\Planning\Planning Cases\2025\PC 25-001, 1126 Benton Way - CUP Page 4 of 4 Attachment A -fl�nEty Hv.Ls CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2025-038 RESOLUTION APPROVING A VARIANCE AT 1126 BENTON WAY WHEREAS, City Staff received a complete land use application for a variance to the structure coverage requirement from the City Code for the property located at 1126 Benton Way and legally described on Exhibit A attached hereto ("Subject Property"); and WHEREAS, the Applicant is proposing to construct a 30 square foot addition to an existing principal structure and is seeking flexibility with the required structure coverage on the Subject Property; and WHEREAS, the Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District, which requires a structure coverage maximum of 25 percent on the Subject Property. The Applicant is proposing a structure coverage of 27.3 percent; and WHEREAS, a variance may be granted when it is in harmony with the general purposes and intent of the zoning ordinance if enforcement of a provision in the ordinance would cause the landowner practical difficulties; and WHEREAS, pursuant to Minnesota State Statute, the City must act on this request by April 28, 2025 (60 days), unless the City provides the petitioner with written reasons for an additional 60-day review period; and WHEREAS, the City provided the petitioner with written reasons for an additional 60-day review period and extended the review period to June 27, 2025 (120 days) based on the date of the submission for review by the Planning Commission and the City Council during the April meeting cycle; and WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 500 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that does not require a public hearing; and Page 1 WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission reviewed the application on April 9, 2025. All written comments submitted in advance of the meeting were presented to the Planning Commission; and WHEREAS the Planning Commission considered the Applicant's request for a Variance and, as such voted 6-0-1 in favor of recommending approval with conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2025-038 approving Planning Case 25-001 for a Variance for the property located at 1126 Benton Way to construct a 30 square foot principal structure addition on the Subject Property. BE IT FURTHER RESOLVED that City Council approves Planning Case 25-001 for a Variance request at the property located at 1126 Benton Way, based on the Findings of Fact and the submitted plans in the April 28, 2025, Report to the City Council, as amended by the following conditions: 1. A Building Permit shall be issued prior to commencement of construction. 2. The proposed building addition shall conform to all other standards and regulations in the City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28TH DAY OF APRIL 2025. 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. Page 2 EXHIBIT A TO RESOLUTION 2025-038 Legal Description (Certificate of Title No. 666583) Lot 8, Block 1, HUNTERS PARK SECOND ADDITION, Ramsey County, Minnesota. Attachment B it -AI�)EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2025-039 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE SUBJECT PROPERTY 1126 BENTON WAY WHEREAS, City Staff received a land use application for 1126 Benton Way ("Subject Property") for a Conditional Use Permit on February 28, 2025; WHEREAS, the Subject Property is zoned R-3, Townhouse and Low -density Multiple Dwelling District and is guided as Low Density Residential uses in the Land Use plan; WHEREAS, a Conditional Use Permit is required for a Class II Accessory Home Occupation in this zoning district; WHEREAS, the Applicant is proposing a home occupation of a business related to the teaching of piano lessons; WHEREAS, a home occupation is allowed in residential zoning districts, but a Conditional Use Permit is required when there are customers visiting the residence; WHEREAS, Subject Property meets the conditions as regulated in Section 1325.02 Accessory Uses, Subd.3 for Home Occupations; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that requires a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission did hold a public hearing on April 9, 2025. All persons present at said meeting were given an opportunity to be heard and present written statements; and WHEREAS the Planning Commission considered the Applicant's request for a Conditional Use Permit and, as such voted 6-0-1 in favor of the recommending approval with conditions. To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. Page 1 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2025-039 approving Planning Case 25-001 for a Conditional Use Permit at the Subject Property 1126 Benton Way to allow a Class II Accessory Home Occupation. BE IT FURTHER RESOLVED that City Council approves Planning Case 25-001 for a Conditional Use Permit at the Subject Property 1126 Benton Way, based on the findings of fact and the submitted plans and the April 28, 2025, Report to the City Council, as amended by the following conditions: 1. No exterior evidence of the home occupation shall be permitted. 2. No exterior signage shall be permitted as evidence of the home occupation. 3. The Applicant shall comply with all sections of the City Code, including no more than four vehicles parked in a driveway at any one time. 4. The Applicant shall be required to submit and maintain a Home Occupation Accessory Class II License with the City while the home occupation is active. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28tb DAY OF APRIL, 2025. 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O Q_ }' U a O co U O N L. ,� M +J O O 00 CL O Q v `� � a U a N U O L a)4-� U � — -0 O `n U 0 O _ N Q cB t � O a O O Z v O 1 .- 'c a 0 U 00 00LLn a N U— o m v L CL a Q O O i� `n C = v o o Lr) N �O cn +' N N i Ln N O r- a) N N t 0 � U vOi i i O cy >' p �j 4= t]A Co O -0 v a O O +_' m O O c E O L Ln � a O a N C3 O a O Ln 4-11 c + O + Q) 4-1 0 Ln O O O O O v > O m a; rB U J Q U ,:, U v O 41 U Z U QUA 00 �o N M � NEW BUSINESS -11B lt --ARQEN HILLS MEMORANDUM DATE: April 28, 2025 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Elena Fransen, Senior Planner SUBJECT: Planning Case #24-018 — Trident Development Trail Condition Council Should Consider Motions to approve, table, or deny the following: • A request to adopt Resolution 2025-040, an amended version of Resolution 2025-007 to modify the language of Condition 28 in the Conditions of Approval based on the City Council approval of Planning Case 24-018 on January 13, 2025. Approval of a resolution amending conditions of a Master PUD requires an affirmative vote of four councilmembers. Background On January 13, 2025, the City Council approved a Master and Final Planned Unit Development, Final Plat, Site Plan Review, Conditional Use Permit and Easement Vacation for Trident Development ("Developer") at 1700 Highway 96 W. The project would subdivide the property into two conforming lots, to facilitate construction of a 162,819 square foot, 119-unit multiple family dwelling on an approximately 41.10-acre property, and construct additional parking for the existing house of worship. The project was approved with 33 conditions. One of the conditions of approval was added by the City Council to require the Developer to install, at their expense, a trail extension as part of the development project. Condition 28 of the City Council's approval requires the Applicant shall install at their expense a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park to be consistent with City Code requirements. The final location and specifications of the trail connection shall be determined by the PW Director/City Engineer and Community Development Director. Since the City Council's January 13, 2025 approval, Staff has been in communication with the Developer to draft the Development Agreement. Conditions 28 is included in the draft language Page 1 of 4 for the Development Agreement. As part of the Development Agreement review, the Developer has met with Staff to discuss the proposed final location and specifications of the trail. In an April 22, 2025 narrative letter to the City Council, Attachment A, the Developer proposes to make a financial contribution toward the cost of the trail in the amount of $90,000.00 in place of bearing the total expense of the 1,373-foot trail as referenced in Condition 28. The Developer also proposed that a portion of the Park Development and Park Dedication fees to be paid as part of the development project, totaling $1,223,500, be allocated toward the additional costs of the trail. The narrative notes that the trail could be constructed by Trident's contractor or by the City. Evaluation of Request As part of the City Council's January 13, 2025 approval, the Developer is required to pay residential dedication and park development fees as established in the City Code Subdivision Ordinance. The developer fee calculations are included in Resolution 2025-007, Attachment B, and memorialized in the Development Agreement. In the provided narrative, the Developer references these fees as potential sources to cover the cost of the trail extension in addition to the Developer's $90,000.00 proposed contribution. Condition 26 of the Resolution notes that "Residential dedication shall be a cash contribution in lieu of land and calculated based upon the fair market value of Lot 1, Block 1, as determined by an appraisal submitted to the City by the Applicant and paid for by the Applicant. Said appraisal must be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies." As part of the Development Agreement drafting process, the Developer provided an appraisal for the fair market value of Lot 1, Block 1. The appraised fair market value for the Subject Property was $2,250,000.00. Based on the appraised value, the fair market value of 20% of the land that would otherwise be dedicated to the City is $450,000 and would be collected prior to the issuance of a building permit. Condition 27 states "Park Development shall be a cash contribution in lieu of land and calculated using the current per unit fee of $6,500, for a total park development fee of $773,500.00 based upon 119 units." The Park Development cash contribution would be collected prior to the issuance of a building permit. As referenced in the April 22 narrative, the Developer would pay a total of $1,223,500.00 in residential dedication and park development fees as part of the development. The Public Works Director/City Engineer has reviewed the narrative letter and the Developer's proposal and has provided the following response for the City Council's review: In response to Trident's proposal of $90,000 for 1,373-feet of bituminous trail which equates to $65.54 per linear foot. The estimated value does not account for actual site conditions, is not a trail that is constructed to be grade -separated and does not meet Municipal State Aid design standards (Snelling Avenue is a MSA street). Realistically, for new trail construction within a previously developed location you should expect existing infrastructure conflicts and include estimates for relocating, adjusting structures and grading. Page 2 of 4 Arden Hills has had several trail construction projects over the last 10 years, below is the list of projects and the cost per linear foot to construct each: Old Hwy 10 Trail estimate (future) - $665 per lineal foot MVHS Trail (2023) - $255 per lineal foot Old Snelling Trail (2022) - $155 per lineal foot Bethel Trail (2018) - $550 per lineal foot MVHS Trail (2015) - $350 per lineal foot Understanding the characteristics of each of those trail projects, in comparison to the proposed trail involving Trident, the estimate should fall between $200-$250 per linear foot. Based on the Public Works Director/City Engineer's comments, and the estimate of up to $250 per linear foot for the proposed trail involving the Developer, the estimated total cost of the 1,373 lineal feet of trail could be $343,250.00. Under this example, the Developer's proposed contribution of $90,000.00 would cover 26.2 percent of the total estimated trail cost and reduce the remaining estimated trail expense to $253,250.00 which Trident is proposing to be covered by park development fees. In addition to the 1,373 lineal feet trail noted in Condition 28, Resolution 2025-007 also states in Condition 29 "The Applicant shall install a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to Ramsey County PID 213023110007, which shall be approximately 396 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs incurred to the Applicant for the installation of the approximately 396 foot long trail may be deducted from the Applicant's park development fee." Based on the Public Works Director/City Engineer's estimates, the estimated total cost of the 396 lineal feet of trail using the higher per linear foot amount could be $99,000.00. The Developer is proposing a $90,000.00 contribution to the 1,373 trail and that the City Council consider allocating a portion of the residential dedication and park development fees, totaling $1,223,500.00, toward the additional costs of this trail segment. Continuing with the linear feet cost formulas from above, the estimated remaining expense of $253,250.00 for the 1,373 trail after the proposed contribution and the estimated expense of $99,000.00 for the 396 trail, the leftover expense of the trails associated with the development project could be $352,250.00. The 1,373-foot estimated trail expense of $253,250.00 would be 20 percent of the residential dedication and park development fees collected as part of the development project. When combined with the 396-foot trail that the City has agreed to deduct from the park development fee, the estimated trail expenses associated with the development project to be paid would equal 28.7 percent of the public use dedication fees. Subdivision Ordinance Section 1130.08, Subd. LB, Public Use Dedications Required states "As a condition of any conditional use permit or planned unit development under City Code Section 1355.06, the City may require as a term and condition of approval, the dedication of land or payment in lieu of dedication and park improvement fees if the project is determined to result in an increased demand for park land or park improvements. In establishing the amount required the City will take into consideration land and facilities provided by the developer and previous payments or dedications." Cash contributions shall only be used for the acquisition and Page 3 of 4 development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. The City Council is being asked to consider Resolution 2025-040 with the revised Condition 28 to reflect the Developer's proposal to make a financial contribution in place of installing the 1,373 trail at their own expense. The language for the revised Condition 28 is included below in red: 28. "The Applicant shall install at expe a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs in excess of $90,000 incurred to the Applicant for the installation of the approximately 1,373 feet will be deducted from the Applicant's park development fee." Options and Motion Language Staff has provided the following motion language for this case. Approval: Motion to approve Resolution 2025-040 with the revised Condition 28 based on the City Council approval of Planning Case 24-018 on January 13, 2025. Condition 28 to read: "The Applicant shall install at expease a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs in excess of $90,000 incurred to the Applicant for the installation of the approximately 1,373 feet will be deducted from the Applicant's park development fee." 2. Denial: Motion to deny Resolution 2025-040 with the revised Condition 28 based on the City Council approval of Planning Case 24-018 on January 13, 2025. 3. Table: Motion to table Resolution 2025-040 with the revised Condition 28 based on the City Council approval of Planning Case 24-018 on January 13, 2025. Budget Impact N/A Attachments A. Trident Trail Narrative B. April 23 Response from the Public Works Director/City Engineer C. Signed Resolution 2025-007 D. Drafted Resolution 2025-040 Approving Modified Language to Condition 28 Page 4 of 4 Attachment A or TRIDENT 1200 25" Avenue South • St. Cloud, MN 56301 Phone:320.258.4438 • 320.252.3603 April 22, 2025 Ms. Elena Fransen, Senior Planner Members of the Arden Hills City Council City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 VIA EMAIL: efransen cit ofardenhills.or RE: SNELLING AVENUE TRAIL EXTENSION NORTH HEIGHTS LUTHERAN CHURCH PROPERTY PC #24-018 CONDITIONAL USE PERMIT, PLANNED UNIT DEVELOPMENT, SITE PLAN, FINAL PLAT AND VACATION OF EASEMENT Ms. Fransen and Members of the City Council: On January 13, 2025, the Arden Hills City Council adopted Resolution 2025-007 approving the above - referenced project subject to certain conditions of approval. Condition of Approval #28 states: The Applicant shall install at their expense a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. Trident engaged Carlson Engineering to survey the existing conditions of the Snelling Avenue right-of-way to evaluate the proposed final location and specifications of the trail. The survey identified numerous existing conditions that were not anticipated when the Condition of Approval was established. These conditions include: • Relocation of utilities — power poles, private utility pedestals • Impact to existing wetlands • Tree removal • Extension of drainage culverts and manhole modifications • Steep grades, requiring retaining walls and/or fencing for safety A site inspection was conducted with City Engineer, Carlson Engineering, Lyon Contracting and Trident Development on March 13, 2025. At this inspection, an alternative trail design option was introduced in an effort to avoid the many obstacles in the right-of-way. While the alternative design avoided many of the constraints noted above, it came with a new set of additional costs, beyond the actual trail expense. Page 1 of 2 The agreement to build the trail applied certain assumptions about the condition of the right-of-way (shoulder) that proved to be unrealistic. Trident is still committed to accomplishing the objective of creating a public trail on Snelling Avenue, but the estimated total costs to do so are too great to absorb into our development budget. The Snelling Avenue trail construction is the last remaining point of negotiation in our Development Agreement with Arden Hills. Once a solution is reached, we can proceed with final ratification and application for building permit. Trident proposes to make a financial contribution toward the cost of the Snelling Avenue Trail in the amount of $90,000.00. This amount represents an estimated amount to construct a basic, 1,373 foot - long bituminous trail, assuming the conditions were ideal within the right-of-way. Trident further proposes that a portion of the Park Development/Park Dedication fees paid by our project (totaling $1,223,500) could be allocated toward the additional costs of the trail. The trail construction can either be completed by Trident's contractor or independently by the City. Please include this request on the City Council agenda for the regular meeting on April, 28, 2025. Feel free to contact me if you have any questions. Res ectfully, Roger D. Senior Vice President Trident Development, LLC Page 2 of 2 'It -ARzEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2025-007 Attachment B RESOLUTION APPROVING A MASTER AND FINAL PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT FOR LOT 1, BLOCK 1, ARDEN HEIGHTS ADDITION WHEREAS, City Staff received a complete land use application for 1700 Highway 96 ("Subject Property") as part of a Master & Final Planned Unit Development for a Conditional Use Permit on November 4, 2024; WHEREAS, the Subject Property is located in the R-4 Multiple Dwelling District and is guided as High Density Residential in the Land Use plan; WHEREAS, a Conditional Use Permit is required for a multiple family dwelling in the B- 4 Zoning District; WHEREAS, the Applicant has requested as part of the Final Planned Unit Development a Conditional Use Permit in order to allow multiple family dwelling; WHEREAS, the City Council directed Staff to prepare a Land Use Application Public Policy Notification to notify all property owners within 1000 feet of Subject Property when a request for the Planning Commission is to occur related to a land use application that requires a public hearing; WHEREAS, the City's obligation has been met where the Arden Hills Planning Commission duly held a public hearing on December 4, 2024. All persons present at said meeting were given an opportunity to be heard and present written statements; and WHEREAS the Planning Commission considered the Applicant's request for a Conditional Use Permit and, as such voted 5-2 in favor of denying the request. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: Hereby adopts Resolution 2025-007 approving Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit at the Subject Property 1700 Highway 96 to allow a multifamily dwelling. BE IT FURTHER RESOLVED that City Council approves Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit on the Subject Property 1700 Highway 96, based on the findings of fact and the submitted plans in the January 13, 2025 Report to the City Council, as amended by the following conditions: 1. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the Community Development Director, shall require review and approval by the Planning Commission and City Council. 2. Approval is subject to the approval of Resolution 2025-006 (Rezoning a 10.74-acre Parcel from B-1 Limited Business District to R-4 Multiple Dwelling District) 3. The Conditional Use Permit and Master Planned Unit Development and Final Planned Unit Development shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted by the City Council. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. 4. 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. 5. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement. 6. The Final Plat shall be recorded prior to the issuance of a building permit. 7. A Master and Final PUD Development Agreement shall be prepared by the City Attorney and subject to City Council approval for the Development. The Master and Final PUD Development Agreement shall be fully executed prior to the issuance of building permits. Prior to the issuance of a building permit, a landscape financial security equal to 125% of the cost of the landscaping to be installed on the site shall be submitted. The Applicant must submit a detailed cost estimate for the landscaping so staff can determine the final amount. Landscape financial security shall be held for two full growing seasons. For any landscaping that is not in accordance with the approved landscaping plan at the end of two growing seasons, the Developer shall replace the material to the satisfaction of the City before the guarantee is released. Where this is not done, the City, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. 8. A Grading and Erosion permit shall be obtained from the city's Engineering Division prior to commencing any grading, land disturbance or utility activities. The Applicant shall be responsible for obtaining any permits necessary from other agencies, including but not limited to, MPCA, Rice Creek Watershed District, MnDOT and Ramsey County (i.e., ROW or access) prior to the start of any site activities. 9. The final plans shall be subject to approval by the City Engineer, Building Official, and Fire Marshal prior to the issuance of a grading and erosion control permit and shall be consistent with the memorandum from the City Engineer. 10. Prior to issuance of a building permit, the final plans shall show markings and signage to identify access off the site onto County Highway 96 as "Left Turn Only" with signage showing "No Right Turn." 11. Final landscaping plans shall be revised to relocated trees outside of any drainage and utility easements and shown with trees with a minimum caliper inch of 2.5 inches. 12. Final grading, drainage, utility, and site plans shall be subject to approval by the Public Works Director, City Engineer, and Community Development Director prior to the issuance of a grading and erosion control permit or other development permits. 13. Upon completion of grading and utility work on the site, a grading as -built and utility as - built shall be provided to the City for review. 14. Heavy duty silt fence and adequate erosion control around the entire construction site shall be required and maintained by the Developer during construction to ensure that sediment and storm water does not leave the project site. 15. The Applicant shall be responsible for protecting the proposed on -site storm sewer infrastructure and components and any existing storm sewer from exposure to any and all stormwater runoff, sediments and debris during all construction activities. Temporary 2 stormwater facilities shall be installed to protect the quality aspect of the proposed and existing stormwater facilities prior to and during construction activities. Maintenance of any and all temporary stormwater facilities shall be the responsibility of the Applicant. 16. All light poles, including base, shall be a maximum of 25 feet in height and shall be shoebox style, downward directed, with high-pressure sodium lamps or LED and flush lenses. 17. All rooftop or ground mounted mechanical equipment shall be hidden from view with the same materials used on the building in accordance with City Code requirements. 18. A separate sign permit shall be required for all signs on the site. 19. Any future trash enclosures shall utilize gates and be constructed on three sides using the same materials and patterns used on the building. Locations shall be approved by the Planning Department. 20. The Applicant shall be financially responsible for all applicable water and sanitary charges. Rates applied shall be memorialized in the Development Agreement. 21. All disturbed boulevards shall be restored with sod. All areas of the site, where practical, shall be sodded or seeded and maintained. The property owner shall mow and maintain all site boulevards to the curb line of the public streets. 22. A right-of-way permit shall be required for work performed within the City and/or Ramsey County right-of-way. 23. The Applicant shall provide the City an executed copy of the shared access agreement with North Heights Lutheran Church for the Subject Property that shall be reviewed by the City Attorney and recorded as part of the Development Agreement. 24. All items identified in the November 20, 2024, PW/Engineering Division memo shall be addressed. All comments shall be adopted herein by reference. 25. The proposed structure shall conform to all other regulations in the City Code. 26. Residential dedication shall be a cash contribution in lieu of land and calculated based upon the fair market value of Lot 1, Block 1, as determined by an appraisal submitted to the City by the Applicant and paid for by the Applicant. Said appraisal must be made by an appraiser who is an approved member of the SREA or MAI, or equivalent real estate appraisal societies. 27. Park Development shall be a cash contribution in lieu of land and calculated using the current per unit fee of $6,500, for a total park development fee of $773,500.00 based upon 119 units. 28. The Applicant shall install at their expense a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. 29. The Applicant shall install a trail along Snelling Avenue and within Snelling Avenue right- of-way, adjacent to Ramsey County PID 213023110007, which shall be approximately 396 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs incurred to the Applicant for the installation of the approximately 396 foot long trail may be deducted from the Applicant's park development fee. 30. The Applicant shall install 4 electric vehicle charging outlets on the Subject Property. 31. The Applicant shall reserve an exterior area of no less than 12 feet by 12 feet, upon which Applicant will install a play structure. The location and specification of the play structure is subject to approval by the PW Director/City Engineer and Community Development Director. 32. Applicant shall provide a Security Plan to the City, which must be reviewed and approved by the Ramsey County Sheriff's Office. 33. Vehicular access points to the Subject Property onto Snelling Avenue such as "left turn only" must be reviewed and approved by the PW Director/City Engineer. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF JANUARY 2025. hm4j-2� 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. F1 It -ARPEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2025-040 Attachment C RESOLUTION AMENDING CITY RESOLUTION 2025-007 TO REVISE CONDITIONS FOR APPROVAL OF A MASTER AND FINAL PLANNED UNIT DEVELOPMENT AND CONDITIONAL USE PERMIT FOR LOT 1, BLOCK 1, ARDEN HEIGHTS ADDITION WHEREAS, by Resolution Number 2025-007 dated January 13, 2025, the Council approved Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit at the Subject Property 1700 Highway 96 to allow a multifamily dwelling; WHEREAS, Trident Development, the Developer and Applicant ("Applicant") for Planning Case 24-018 has requested amendments to the conditions imposed in Resolution 2025- 007, specifically conditions 28 and 29 pertaining to costs and expense for installation of a trail; WHEREAS, Applicant proposes to make a financial contribution toward the cost of the trail in the amount of $90,000.00 in place of bearing the total expense of the 1,373-foot trail as referenced in Condition 28; WHEREAS, Applicant requests clarification in Condition 29 to reflect the decision of council that costs incurred for the installation of 396 feet of trail will be deducted from Applicant's park development fee; WHEREAS, Council wishes to amend Resolution 2025-007 to amend Conditions 28 and 29. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARDEN HILLS: 1. Hereby adopts Resolution 2025-040 amending Resolution 2025-007 which approved Planning Case 24-018 for a Master & Final Planned Unit Development with a Conditional Use Permit at the Subject Property 1700 Highway 96 to allow a multifamily dwelling. 2. Condition 28 of Resolution 2025-007 shall be replaced with: 28. The Applicant shall install a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to the Subject Property, which shall be approximately 1,373 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications 1 of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs in excess of $90,000 incurred to the Applicant for the installation of the approximately 1,373 feet will be deducted from the Applicant's park development fee. 3. Condition 29 of Resolution 2025-007 shall be replaced with: 29. The Applicant shall install a trail along Snelling Avenue and within Snelling Avenue right-of-way, adjacent to Ramsey County PID 213023110007, which shall be approximately 396 feet in length to serve as a connection to Royal Hills Park and consistent with City Code requirements. The final location and specifications of the trail connections shall be approved by the PW Director/City Engineer and Community Development Director. The costs incurred to the Applicant for the installation of the approximately 396 foot long trail will be deducted from the Applicant's park development fee. 4. The remaining content of Resolution 2025-007 is otherwise unchanged and remains in full force and effect. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 28tb DAY OF APRIL 2025. 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. 2