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HomeMy WebLinkAbout08-10-26-RMayor: David Grant Councilmembers: Brenda Holden Emily Rousseau Tena Monson Kurt Weber City Council Agenda August 10, 2026 7:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651-792-7800 Website: www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. 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.org/320/Watch-City-Meetings Some Councilmembers may be participating in this meeting by interactive technology/remotely. 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, 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 COMMENTS 6.A. Transportation Update David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF 6.13. Elections Update Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 7. APPROVAL OF MINUTES 7.A. July 13, 2026 City Council Work Session Documents: 07-13-26-WS.PDF 7.B. July 13, 2026 Regular City Council Documents: 07-13-26-R.PDF 8. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8.A. Motion To Approve Claims And Payroll Pang Silseth, Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve Annual Data Practices Policy Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.C. Motion To Accept 75th Anniversary Event Sponsorships And Confirm Allocation Of Funds Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 8.D. Motion To Approve Pay Request No. 4 — Bituminous Roadways — 2026 PMP Street & Utility Improvement Lucas Miller, Assistant Public Works Director 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 11. NEW BUSINESS 11.A. Resolution 2026-038 Consenting To A Variance Request For Maplewood Development Regarding Demolition Of Above Ground Structures To Environmental Equality Board Jake Reilly, Community Development Director Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN MEMORANDUM DATE: August 10, 2026 STAFF COMMENTS - 6A TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: David Swearingen, Public Works Director/City Engineer SUBJECT: Transportation Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 STAFF COMMENTS - 6B 75 Years MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Elections Update Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the City Council meeting. Page 1 of 1 [DRAFT-,,, Approved: August 10, 2026 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION JULY 13, 2026 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant; Councilmembers Tena Monson, Emily Rousseau, Kurt Weber and Brenda Holden Absent: None Also present: City Administrator Jessica Jagoe, Public Works Director/City Engineer David Swearingen, Assistant to the City Administrator/City Clerk Julie Hanson and Community Development Director Jake Reilly 1. PUBLIC INQUIRIESANFORMATIONAL Anders Sundberg- 4294 Colleen Circle — Before the discussion on broadband, he wanted to give some framing around the proposed fiber build out in the City of Arden Hills. He has looked into the franchise model. Typically they will build out 100% of the city but the catch is the fiber franchise fee they will propose can be directly charged to the end consumer. He looked at other possible options to get the same build out. One is a master lease agreement. You are leasing space in the public right of ways. That would keep that 5% from being billed to residents. The downside is this is a lease agreement and they would choose where they want to build. There is no legal way to force them to build out the whole city. Another option is a public/private partnership, know as a P3. This would include a commercial contract that would guarantee 100% build out. While this option avoids the complexity of the other two options, it requires the city to actively cooperate and provide engineering and zoning to keep the contract in its entirety. 2. RESPONSE TO PUBLIC INQUIRIES None. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 2 3. AGENDA ITEMS A. Broadband Franchising Discussion Michael Bradley from Bradley Warner said he was here to talk about broadband franchising. The first broadband franchise, in the State of Minnesota, was negotiated at the end of last year. The City of Woodbury created the South Washington County Telecommunications Commission (SWCTC). The franchise was established between SWCTC and a company called Intrepid. Intrepid operates an open access system. Their main client will be T-Mobile. That construction is beginning in the City of Woodbury this year. Mr. Bradley outlined the many benefits to franchising broadband. Minnesota state statute includes a build out requirement that will be followed. There will be annual meetings with the provider. He said the SWCTC franchise term is 15 years. There are strong customer service provisions. There are discounts available through the franchise for seniors and disabled residents at no less than 10%. The City's public right of way (ROW) is a valuable asset and the City should be compensated fairly for the use of that. Mr. Bradley said that providers would prefer permits be issued for whatever location they want to build. However, there is no guarantee the whole city would be built out. Permits limit the City to collecting permit fees to cover the cost of permitting. There is no fair consideration for use of the ROW. There is also no customer service benefits, no discounts, no mandatory build out and no quality of service guarantee. Mr. Bradley outlined some legal conclusions that ruled definitively that the broadband companies are information service companies, not telecommunications companies. Minnesota state law prohibits franchising telecommunication users. State law requires cities to franchise cable communication systems. Broadband systems fall under the definition of cable communication systems. Mr. Bradley said a common question is what if we already issued permits to some broadband companies. It's not too late. The choice to franchise can come after the facilities are already in the ROW. Mr. Bradley addressed the speaker during Public Comment who expressed concern about the franchise fees being passed through to users. That provision applies to cable television operators it doesn't apply to broadband providers. In the Woodbury franchise the City and Commission agreed to allow the operator to pass through. They didn't have to do that. The broadband provider said they didn't intend to pass it through because that's not part of their business plan. He outlined a case brought that seeks an order from the FCC that would preempt the City and the Commission from franchising broadband providers. That matter is currently pending. Another case was brought by an affiliate of AT&T against a commission after that affiliate purchased the fiber assets of another entity. Mr. Bradley said broadband franchising is the future of franchising for local governments. Cable subscriptions are declining rapidly. As a local government advocate, this is important long term. Mayor Grant said he heard as providers come into neighborhoods there are a lot of disruptions through borings to minimize a trench installation. Those disruptions increase in a cul-de-sac. Our ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 3 community has a lot of distinct neighborhoods. He said he is hearing that without a franchise agreement, companies can choose to avoid certain neighborhoods. Mr. Bradley confirmed. Without a franchise agreement, the broadband provider decides where to go. Councilmember Rousseau is concerned about underserved communities will not be serviced without a franchise agreement. She asked what revenue can be generated. Mr. Bradley said he doesn't have specific numbers for Arden Hills. There are over 20 cities who have started to require franchises. However, the only franchise that has been negotiated and approved is the SWCTC. To get an estimated number you would multiply the average cost of broadband service times the number of households in the city. You then multiply it by the take rate of the company that comes in to build it out. Discussion ensued regarding the historic of court cases with the appeal process and prior rulings of the Supreme Court. Councilmember Monson said the FCC case has a lot of life left. Would the result of that case be a deal killer for franchise agreements? Mr. Bradley said they are asking for preemption of the city's franchise requirement and the commission's franchise requirement. It would have a negative impact on all Minnesota cities. He agrees the FFC decision could be a couple of weeks or many months once the comment periods are done. It will likely be appealed, regardless of the outcome. Councilmember Holden a thought the providers will increase rates in order to recapture the franchise fee if they can't pass them through to the customer. Mr. Bradley said the SWCTC did not regulate the provider's rates. The provider may choose their own rate. He negotiated the franchise fee. In that instance the commission allowed the provider to pass through the franchise fee. Councilmember Holden asked if the plan is to put together a similar package as the SWCTC agreement. Mr. Bradley said it will be a similar process. They will talk to each city that is impacted by a potential franchise before talking to the provider. They would establish franchise priorities and the franchise fee, along with determining the pass through option. Councilmember Holden said we went with the North Suburban Cable Commission (NSCC) because they take care of negotiations. They have such a large pool that we will be able to do a lot more in our community. Councilmember Weber said we fund Nine North as a member of the Cable Commission through cable fees and PEG fees. He isn't sure how PEG fees play into the franchise fee discussion. A big factor is the franchise fee we get from cable. What are the trends for cable, in general, vs. broadband usage? ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 4 Mr. Bradley said when talking about PEG fees, the acronym stands for Public Education and Governmental access television fees. The Comcast franchise with Arden Hills is 3% gross revenue fee that was negotiated in 2014, that's in addition to the 5% franchise fee. The 5% goes almost entirely to the City, with a little going back to the commission for administrative things. The PEG fee goes entirely to the commission to fund Nine North and access television. That model has worked for many years. There is a change happening with those PEG fees and franchise fees on cable television. They have been declining over the last 10 years, at approximately 10% per year. It will significantly change the revenue that comes to the commission and the city. The future of franchising and fair ROW consideration is broadband franchising. Broadband will continue to expand. Mayor Grant said the city has no control over customer service. If we have a franchise agreement, we can hold the fiber provider to some level of customer service. Mr. Bradley confirmed. With no franchise agreement, customers are left to call the 1-800 number. With a franchise agreement we will have a local number where complaints are answered by Nine North. There would be penalties and liquidated damages to help with enforcement. Councilmember Monson appreciated all of the information. She asked about the resident who spoke during Public Comment. He mentioned three different structures. She asked for an explanation on why franchise is the option, over the other two. Mr. Bradley said the provider isn't interested in the other options. Councilmember Rousseau said if we have customer service issues and they were not complying with the contract, we would go to a judicial process vs. the Public Utilities Commission (PUC). Mr. Bradley confirmed. The PUC has zero authority over broadband. Councilmember Rousseau calculated a guess, based on the formula outlined earlier. It would be about $27,000 and she didn't calculate multi -family housing. Mr. Bradley reiterated that is only a guess but noted whatever the amount is, it's annual. So ten years out, we'll still be collecting those fees. Councilmember Weber noted that the buildout of Rice Creek Commons is an ideal place for this. There will be a significant number of homes there. He said discussions at the communications commission have surrounded Comcast eliminating a cable news channel. He tried relating that to broadband. He thinks of metering of data and data caps. There have been discussions on oversight over the services we have. He asked if there any provisions related to that in the SWCTC agreement. Mr. Bradley said it could be under the customer service provisions. There are also provisions in there that reserve the right to regulate rates. Each agreement is different, based on the needs of the community. Mayor Grant said a franchise agreement would allow the city to have standards in terms of construction and remediation after the digging. It gives us more control than just issuing a permit. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 5 Mr. Bradley confirmed. One thing SWCTC did was ensuring it applied to the franchisee as well as any subcontractors. Discussion ensued regarding how many boxes will be required to install. It is approximately every 2-3 houses. Further discussion ensued regarding satellite service. Satellite television is subject to different regulations because they don't occupy the public ROW. B. 3717 Lexington Avenue — Chase Bank Concept Review Community Development Director Reilly introduced Senior Planner Elena Fransen who was joined by Dan McAuley, Senior Designer with Colliers Engineering & Design, representing the property ownership and property management groups. Senior Planner Fransen said Council is being asked to review the concept plan for a Chase Bank located in the parking lot of the existing Cub Foods. The zoning is B-3, Service Business District. A Planned Unit Development (PUD) established the Cub Foods and the future land use for the site is commercial. The concept would subdivide the existing parcel for a single story, 3,276 square foot Chase Bank location, with a drive through lane and a bypass lane. The proposed location is the southeastern portion of the parking lot. Senior Planner Fransen said this proposal would reduce the parking spaces in the Cub Foods lot by 79 spaces. There is shared parking with Shannon Square Shopping Center. The parking calculations will include parking spaces that are shared between the different sites and this additional third site. Access would be through the Cub Foods parking lot to the north and from a shared entrance for Shannon Square to the south. There would be a curb island to separate the drive lane from parking spaces. She provided a graphic that shows how traffic will flow through the site. She outlined the elevations provided by the applicant, noting cement and stone veneer are the proposed building materials. Senior Planner Fransen said a subdivision will be required. It could be a subdivision or final plat, depending on how the parcel is created from the existing Cub Foods. A portion of the Shannon Square property could be allocated for this site as both sites are under the same ownership. A PUD is required for new developments in the B-3 zoning district. This could allow for additional performance standard flexibility. A Conditional Use Permit (CUP) is required for a drive -up window in the B-3 zoning district and the code criteria has been evaluated based on the concept materials. A site plan review is required for a PUD and CUP, requiring city approval. Councilmember Holden asked if this building would have its own water and sewer lines. Public Works Director Director/City Engineer Swearingen said it appears they are connecting to existing water and sewer that connects to the Cub building. Councilmember Holden said Cub has had problems with their water line several times. Those issues need to be resolved so the new building wouldn't flood. She has an issue with the look of the west side of the building. It faces restaurants. It should look nice. People sitting at restaurants aren't going to want to look at that. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 6 Mr. McAuley said he can discuss that with the Chase design partners prior to submitting the application. He said that area of the floor plan serves the "back of house" functions for security reasons. He asked if the request is transparency or architectural elements. Councilmember Holden said architectural elements. She said the Cub parking lot hosts a fireworks retailer and a garden center in the summer. Will that still be allowed? Senior Planner Fransen said Staff discussed that with the management company. If this moves forward, a full review of the plans would have to take place to make sure they are meeting the standards for outdoor sales. Discussion ensued on the size of the drive lane in front of Cub. It was noted the parking lot is busy and there is one stop sign and more may be required. Directional signs can be used to direct traffic in such a way that it is clear to drivers which way to go. Councilmember Weber said the water line will need to support fire suppression. He assumes that will be a part of the review. Staff confirmed. Mayor Grant said hours of operation will probably be standard banking hours. He asked if any parking lot usage will be permitted with Cub, for off hours. Mr. McAuley said the bank will have a drive through ATM and night deposit. There is typically a vestibule in buildings like this, with 24 hour access to an ATM. Mayor Grant asked if the spaces at the bank would be available for Cub customers when the bank is closed. Mr. McAuley will check to confirm. But it is his belief that there are no dedicated parking spaces specifically reserved for Chase Bank. Mayor Grant asked about the plan for snow removal. He doesn't need that answer today but would like to see it addressed during the site plan review. He said Cub was constructed with a sizable water run off facility under the parking lot. He said there are giant caverns under the parking lot. He asked if this development will tie into those. If not, how will water runoff be dealt with? Mr. McAuley said he will make a note to ensure the engineers summarize that plan. He said this project wouldn't increase the pervious coverage, it's being reduced slightly. The site would be graded to shed general water toward the existing storm structures. Discussion ensued that the Lake Johanna Fire Department would review this plan. Possibly the Sheriff, as well. The concept representatives have reached out to LJFD for the rules and regulations while they were looking at the site. Fire truck turn radiuses are part of a typical review. Discussion ensued regarding the property ownership group wants to effectively utilize the property. The parking lot is not consistently full. An empty lot doesn't generate revenue. Further discussion ensued that a national trend is that brick and mortar stores are under served and over parked, in ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 7 many places. Chase can come into a shopping center and take up a little bit more real estate and create a destination point that serves multiple purposes. Councilmember Rousseau asked how many employees a building like this would have. Mr. McAuley he thinks 4-6 at any given time during the day, depending on business need. Councilmember Rousseau said the Pace site is empty. Will there be any issues with traffic, if that site becomes fully functional 5 years from now. Senior Planner Fransen said the applicant provided a traffic study of existing intersections. Because there is no user for the Pace site it is difficult to compare that against existing conditions. This project would not see a lot of changes for the intersections that would serve this site. Any user going into the Pace site would have to review the traffic impacts of that use. Councilmember Monson is generally okay with the proposal. She agrees with Councilmember Holden that the back side could be more aesthetically pleasing. She asked if we have an estimate on the tax revenue increase. Senior Planner Fransen said she doesn't have that information but can put something together. Councilmember Monson said that would be a good thing to include for all concept reviews. She noted a turn on the traffic flow graphic that isn't clear how cars move through there. She thinks the turn lane is a tight turn and it concerns her. She said there was a recent Council discussion that said PUDs were used for projects approved any later than 2008. She asked how this site will be handled. Community Development Director Reilly said this will be reevaluated since they are taking on a big chunk of parking lot. Councilmember Monson noted a criterion for drive -up windows is that the proposed location is not within 400 feet of a church or residential area. What is the intent of that provision? Senior Planner Fransen said that is related to drive -through businesses and drive -up windows. It has changed over time to manage traffic and impact to other uses. This case identified that there is a church and residential uses on the other side of Lexington Avenue. Councilmember Weber thought that there is a difference between a drive -through window where you are interacting and a drive -up window where you do business. Discussion ensued regarding stone vs. stone veneer. It is just a thinner stone. That's an acceptable construction material. The materials in this proposal include a limestone veneer stone and the darker brown and gray colors on the graphic are a fiber cement simulated wood siding. Councilmember Weber said this will create a separate parking lot. He thinks legally those parking spaces will belong to Chase unless there is a parking agreement. Mr. McAuley would need to review the lease agreement. Sometimes Chase has negotiated for a certain number of dedicated spaces. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 8 Discussion ensued that this is a concept review and the building materials can be determined during application. Everyone agreed they want a high -quality building using superior materials. The applicant provided location information of a similar recent build so Councilmembers could tour the site to have a better understanding of what this will look like. Further discussion ensued that construction averages 220-230 days once they have approvals and permits in hand. Councilmember Holden asked how parking for Cub and Shannon Square will be accommodated during construction. Mr. McAuley said they submitted a plan to the ownership group that indicated the construction entrances. He indicated the flow of traffic on a graphic. There was general Council consensus with the concept plan. There are some design questions to be answered during the application process. C. Election Sign Policy Community Development Director Reilly said during the previous discussion he heard concerns regarding enforcement rather than the regulations of election signs. He put together a cover memo on the potential policy along with a handout that makes it clear where signs can go. There is no size limit. It needs to be built sturdily. Keep it clear of driver sight lines. Measure five feet from the roadway/curb edge to the sign edge. Councilmember Holden isn't sure if it should say any size works. She says this explains that it will have minimum impact to City Staff. She said Attachment C outlines that Staff will make an attempt to contact the right person if a sign is in violation. That seems like what they are doing now, except not taking the sign. It sounds like more work. She remembers there being conversation about placing information on the sign explaining the violation and the remedy. Community Development Director Reilly said attempts to contact the owner will be made when the sign needs to be removed. If it does not need to be removed there will be guidance document with it. There are going to be some cases when we have to take a sign due to safety concerns. Those signs will be held at City Hall and the owner can pick it up. Councilmember Monson walked through the steps. There is a complaint. The City Staff goes out to confirm if it is out of compliance. If yes, they make an attempt to notify the owner. If they can't, they remove the sign and leave it in a safe place by their primary entrance with direction on why it was pulled. It sounds like there is staff discretion. The sign would be brought back to City Hall if the sign is placed on land owned by the city or utility pole. She is okay with this proposal. She asked how to minimize the work on Staff if there is a complaint. How soon after a complaint is made, does someone go out? How long do we give before we follow up? Councilmember Rousseau said there were 100 calls during the last election. She would like Public Works to keep track of how many calls are received this election cycle. She likes the idea of placing educational information to let them know when they are not in compliance. She wants to avoid taking signs, if possible. Councilmember Holden she asked why bringing it to the primary entrance was suggested. She thinks laying the sign down in the yard and put a sticker on it would save Staff time. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 9 Community Development Director Reilly said placing a sign down on a lawn could harm the grass and it could blow away, depending on the weather. Councilmember Holden said a lot of people don't use their primary entrance but she's fine with that. If a sign is 4 feet 6 inches, it needs to be addressed if someone calls. City Administrator Jagoe recalls discussing that Staff may be attempting to make contact with the homeowner as an opportunity to educate them on the reason the sign is being pulled. If we are unsuccessful at engaging with the homeowner, it makes sense to place the pulled sign in a safe place until the homeowner can get that information. Mayor Grant said this is a policy for City ROW, not for County or State ROW. Community Development Director Reilly confirmed. We don't enforce those roadways. Discussion ensued on language that states a sign shall not be posted more than 70 days prior to an election. That is not intended to be 70 prior to the general election. The rules simply state "election" and does not specify general or primary. If no one complains, there is no City involvement. State Statute reads that signs must be removed 10 days after an election. Our code is silent on that requirement and defers to statute. Discussion ensued regarding Staff having discretion and that discretion being written into the document. There were some questions on what that entails. The rules need to apply to everyone and the rules need to be enforced. City Administrator Jagoe said there were over 100 complaints last election season, that City Staff followed up on. We have to go out to the site to verify the distance, if a complaint is made. If they were not in compliance, we would pull the signs and bring them back to City Hall. Then there were calls trying to determine if we pulled the signs or if someone else did. If we did have the sign, we had to coordinate returning them when the resident came to City Hall. The discretion part will be if there is a safety element or if it's on City property. We must respond and verify the distance, if there is a complaint. Perhaps there can be one day a week when election sign complaints are investigated. He can get through as many as possible in the allotted time and anything left would be investigated the next week. These calls wouldn't get priority over building inspections and other code enforcement. During the last cycle we were following up immediately as they came in. It felt like it became a daily enforcement. Having a structured planning process may limit the continuous cycle of being in election sign enforcement. Councilmember Weber said this is what he meant by staff discretion. He thinks Staff has a good grip on this in determining the best course of action. Councilmember Rousseau likes the idea of limiting enforcement to one day. She trusts the professional judgement of Staff. Councilmember Holden wants to verity that it is 5 feet. We can't let one candidate have theirs at 4' 6" while another has to stay at 5 feet. Community Development Director Reilly said a rule should be a rule. If there is room to move the sign, the fastest and easiest way would be for Staff to move it to the right distance. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 10 Councilmember Holden said it is up to the candidate to make sure their signs are placed properly. D. Rice Creek Commons Discussion Councilmember Holden said she wants the definition of phasing. If we are parceling, that's different than phasing. In talking with the Metropolitan Council, regarding SAC and WAC fees there may be an issue with moving the credits, depending on how we're doing it. Phasing could have one definition, but when we start splitting phases into parcels, parcels are different. Councilmember Monson asked if Councilmember Holden talked to the Met Council on her own. Councilmember Holden confirmed she has talked to Met Council about these credits for many years. Councilmember Monson wants to make sure that if those conversations are happening, she would like Staff to be a part of that. She wants her information about what Met Council says to come from Staff. It sounds like Councilmember Holden has a lot of historical information that she wants to make sure is checked. Councilmember Holden said if she has a question on SAC and WAC fees she has a right to call Met Council and ask questions. She isn't going to have Staff on every call because a lot of things happen with other Councilmembers that doesn't go through Staff. Councilmember Monson understands Councilmember Holden has full right to call Met Council. She just wants to make sure Staff has the same information, so when they speak to it, we all get the information. Councilmember Holden said the JDA doesn't know how they're phasing it or how they're selling it to different developers. They are talking about things at advisory meetings. None of that is set in stone and those things have not been created. Is that true? City Administrator Jagoe said Staff is seeking direction on if Council is interested in working with Met Council to combine these two parcels to use the SAC credits over the entire Rice Creek Commons development. If Council directs to proceed with this approach, she will work with Met Council to determine a phase development plan that meets their submittal requirements. Then Council would be asked to approve a resolution. She doesn't know what that development plan is today. She will have to put something together that meets Met Council's satisfaction to receive this combination of these two parcels. This may need to be amended as phases are built out and parcels change, but that is information to be confirmed with Met Council. Council recessed the Work Session at 6: 53 pm. Council reconvened the Work Session at 7.56 pm. Councilmember Monson would like Administrator Jagoe to present exactly what she is looking for so that we're all working from the same page. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 11 Councilmember Holden asked if the construction of Micro Control began the 5-year phasing clock. City Administrator Jagoe said no. She said the Rice Creek Commons (RCC) discussion about the drafting the cooperative agreement language is ongoing with City and County Staff. One of the items is with regards to the Outlot A parcel and the California parcel. The Met Council charges a SAC fee for new residential, commercial, industrial or institutional development or redevelopment. This is for wastewater going into the regional wastewater sewer system. Met Council has a formula that they use to determine what equals one unit. If a building is demoed there are typically credits attached to that parcel that can be allocated towards future development. When the larger TCAAP area was demoed there were over 300 buildings. There is a site map that has been approved by Met Council that shows where the credit parcels are. Outlot A had credits specific to that land. The California parcel has credits specific to it. City Administrator Jagoe said Council is being asked to discuss the RCC property. The memo outlines the site -specific allocation of those credits. Using the 2024 Alternative Urban Areawide Review (AUAR) maximum development scenario we can estimate what Met Council will estimate future SAC development charges. The City collects those fees as part of our building permit process. We serve as a pass through. That money is remitted to Met Council. With the SAC credits we can keep the revenue dollars to fund public infrastructure items. There are about 4,500 total credits between Outlot A and the California Parcel. The majority of them being attached to the California parcel. We can submit a phased development plan to Met Council. That would require resolution from the Council. It would allow for the combination of these two parcels and those credits can be dispersed across the entire development area. We would be able to use credits from the California parcel on to future development of Outlot A. Staff estimates with a maximum number of residential units in the AUAR we would have about 3,400 credits that would be used for those development scenarios. If we combine these parcels there would be 4,500 credits. Does Council want Staff to proceed with putting together what would be a development plan? We would review that with Met Council Staff to ensure we've met their criteria. Then we'd bring that back to Council for consideration and adoption of a resolution. This would be a policy direction that says we are going to use these credits but are going to still charge the developer the SAC fees. The City would keep the revenue dollars and Staff would bring back for discussion for how we would use those fees to fund which public infrastructure items. Discussion ensued that there are 4,550 credits. Staff anticipates we would only use 3,400 of the credits at the AUAR maximum build out. That would be the revenue that would come to us. If we didn't completely build it out, we would collect less. A SAC charge is roughly $2,500. That calculates to approximately $8.5 million. Councilmember Holden said it used to be that the phasing had to be done in five years in order to use the credits like that. Has that changed? City Administrator Jagoe will go back and confirm that and will include it in the future memo. Her understanding is there is a 5 year phase development plan but she isn't sure how that is triggered if it's at the time of the first building permit. Then you continue to renew that with Met Council. She will get that information for the future resolution memo. Councilmember Holden said there are different areas within the California parcel where the credits can be used. She asked how it got combined. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 12 City Administrator Jagoe indicated the only map the Met Council has given her shows the California parcel as one. She'll include that map as part of future discussion. Councilmember Holden asked for confirmation that we are going to bill a developer for the WAC charge and then just keep the money. City Administrator Jagoe confirmed. If Council adopted this resolution and we submitted it to Met Council for approval, a future developer will apply for their building permit and go through the determination process with Met Council. This is standard. Developers are familiar with the process. Met Council will provide a determination letter that says how many SAC units will be added to the system. That will be added to the building permit and we can use those dollars as a revenue source to fund public infrastructure at Rice Creek Commons. Councilmember Holden asked if we are legally allowed to keep money that is supposed to be for something else. City Administrator Jagoe confirmed. Councilmember Monson said if we don't extend these credits into Outlot A, then Outlot A doesn't have any credits anymore. If we don't do this, any further development would pay Met Council and we would pass through the money and not be able to use the excess credits. This seems like the most revenue maximizing process. She supports it. Discussion ensued that the proposed buildout for infrastructure shows the County will pay for trunk utilities but the water tower is not part of the cooperative agreement. Could the SAC credits could be used to pay for the water tower? Rate increases are built into the water fee to pay for that. Further discussion ensued that there are public improvements in town center, public works facility and a number of other public infrastructure items, including the water tower, that need to be discussed. Council will hold off on discussion how the money will be used until Council has a full list of what the options are. Discussion ensued that the County Board may object to us keeping the SAC fees. Staff has been in ongoing discussion with County Staff. There is no objection from County Staff to this process of the City submitting a phased development plan to the Met Council. This resolution wouldn't require County Board approval but the cooperative agreement would. Councilmember Weber asked who owns the credits. City Administrator Jagoe said they are credits that Met Council has issued to those properties. If we did not take this action, those properties will develop and they would submit to Met Council. They will make a determination if a parcel gets credits or owes for additional SAC charges. Councilmember Weber said the credits are ready to be applied. City Administrator Jagoe confirmed. Met Council is looking for direction from the City on how to apply those credits. We would then adopt the formal policy outlining that the costs will be paid by the developer and we will keep the revenue dollars. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 13 Councilmember Weber asked for confirmation that this has been explicitly discussed with the County and there are no objections. City Administrator Jagoe confirmed. Councilmember Weber said he thinks we've done our due diligence. Councilmember Holden asked if the money can only be used for utilities. City Administrator Jagoe does not think so. She will get confirmation from our financial advisors and the City Attorney. Councilmember Holden said the County Board must know about this and they will consider it when they are negotiating land prices. They just won't charge for the SAC and then we forfeit it. Discussion ensued that this will be part of the cooperative agreement, which will need approval from the City and County. Part of this application requires the City to submit a development phase plan. Council will see the completed application, the resolution and the submittal documents. Staff will be in conversation with City and County Staff to ensure the application will meet the satisfaction of Met Council. Council agreed to proceed with this action item and Staff will bring something back for review at a future regular meeting. E. Zoning and Subdivision Ordinance Updates Community Development Director Reilly said the information from previous discussions have been incorporated. He asked if Council thinks this is ready for Planning Commission review or if there are any clarifications he can offer. He said fees associated with park dedication had to change in order to follow state law changes. Discussion ensued regarding the clause describing determining fair market value when requested in lieu of Park Dedication Fees. A negotiated price is on the list but Staff recommends removing that as an option and sticking to an appraisal by a qualified appraiser. Further discussion ensued on how the park dedication percentage of fair market value is calculated. The percentage of cash in lieu of land dedication is established in the ordinance. Previously there was a park dedication fee and a development fee. The proposed language includes only the park dedication fee in response to changes to the legal framework around fees. Councilmember Holden said there was litigation on percentages for park dedication. She asked where that is. Community Development Director Reilly said the language changes are in response to that. The percentages result in the same amount as what was previously two separate fees. This could change upon City Attorney review. It may be a little lower to be more in line with the actual documented nexus between the impact of the development to the parks based on the kind of development. Councilmember Holden is trying to think if it matters where a location is. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 14 City Administrator Jagoe said as Staff reviews this item with the City Attorney, they will look at what our park dedication fees are in existing Arden Hills vs. park dedication fees in the ordinance today are equivalent to the dollar amount needed for park dedication in RCC. We can look at the structure. Community Development Director Reilly said similar to how the water rates will be different in RCC, the park dedication fees can be different, as well. Council agreed to strike the option where the City and developer agree on a fair market value. City Administrator Jagoe said based off of feedback during a previous ordinance review, a change was made for procedures in 1150.02 for subdivisions. The administrative review for lot line adjustments was added. This pertains to simple subdivision processes that had previously triggered the minor subdivision review through the Planning Commission and Council. Through this ordinance, that subdivision action would not trigger reviews. Councilmember Holden asked if this would include a property that had a nonconformance? Community Development Director Reilly said if the action would make the property conforming, yes, but it will always be a case -by -case determination. Discussion ensued regarding a case where a resident wanted to expand their garage, but it was too close to the rear property line so they were told no. If someone wanted to move a lot line to build a structure, but the structure doesn't comply, we wouldn't review that. They would have to apply for a variance. Further discussion ensued regarding if it could be used to make a non -conforming parcel, less non -conforming, but still non -conforming. The language is "Applicant proposed to relocate a property line without increasing or decreasing the number of parcels and where all parcels meet the applicable zoning code requirements." If something is non -conforming and it would still be non- conforming at the end, it would need to go before the Planning Commission and Council. Council directed that this could go to the City Attorney and then be reviewed by the Planning Commission, assuming the Attorney changes aren't substantial. F. Code of Conduct Not Discussed. G. G1 Use of City Property and G2. Immigration Enforcement Discussion City Administrator Jagoe said this item is a follow up from the February 9 work session discussion regarding topics specific to immigration enforcement. At the May 11 work session Council directed Staff to bring back language that would regulate use of City owned parking lots for staging areas. The City Attorney recommended draft language. It states a permit would be required for that activity. There is no permit fee. Councilmember Holden asked if they are there for two hours and don't get a permit, do we fine them? This may appease the residents but it doesn't to anything for the City. She also asked about impeding the normal course of public activity. What if they're at Perry Park and taking up some of the parking lot, but there's still plenty of room for other public activity. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 15 City Administrator Jagoe said she can work with the City Attorney to see what additional language could be added for enforcement. Councilmember Rousseau said this can create a false sense of safety for people. Her interest here, it to try to quantify if staging is happening. Councilmember Weber said we knew when we originally discussed this, that there wasn't any teeth behind it. There never has been. The point is Metro Surge happened and it very well could happen again. We need to be ready, in that case. It would still be a recorded violation of our ordinance. He understands it can cause a false sense of security but he is willing to take this step now, in case we need it in the future. Councilmember Monson agrees enforcement will be challenging. We didn't have Ramsey County Sheriff's Office (RCSO) tracking the immigration calls until the tail end of Metro Surge. She feels that created a gap in our ability to talk about the impacts of calls that actually happened in our city at the peak of it. This would allow us to define impacts. She agreed with Councilmember Holden about the impeding public activity. She asked if we could say "impede the normal course of public activity and safety." Put language in there that this activity makes people feel unsafe. Mayor Grant agrees we aren't out of the woods. ICE is still out there. They could come here. He thinks this is a reasonable step. Councilmember Holden said we allow the park pavilion rental contracts to go until 10:00 but the posted closing time for parks is sunset. That needs to be resolved. Discussion ensued if 14 days prior is too long. Seven days would make people more likely to complete the process. Further discussion ensued about what the process will be. City Administrator Jagoe said the ordinance says the permit is subject to the administrative review and approval. We have yet to develop the permit form and get it on the website. The process will be the form will be submitted and it will go to the City Administrator. It can certainly be turned around in a week. Councilmember Rousseau said she has seen Army activity at Cummings Park. She thought we should give them a heads up that this is coming. Mayor Grant said this is related to parking lots. We've already determined they wouldn't be allowed in Staff areas at City Hall or at the Public Works Shop. Councilmember Holden said it should say public land. City Administrator Jagoe said tonight's discussion is about city owned parking lots. The second part of this discussion was regarding sharing of data and access to City buildings policy. We outlined that if federal agents came into a City building they could access public spaces. Without a warrant, they would not be allowed to enter non-public spaces. That has always been the procedure, however Council gave direction to bring forth a policy for adoption. That part of this discussion will be brought back to a future work session. ARDEN HILLS CITY COUNCIL WORK SESSION — JULY 13, 2026 16 Discussion ensued regarding if we can deny a request if agents entered City Hall and wanted to use the council chamber for a meeting. The current policy allows them into public spaces but using our public building for a meeting is different. Staff will make sure that policy is looked at with the review. Councilmember Holden asked if there was any open land that may not be a parking lot where groups could gather. She thought it should be city property, not just parking lots. Staff will look at ways to expand the definition. Council agreed that Staff should bring this to a council meeting for adoption. H. Agenda Planning Councilmember Monson said she would like to have the Mounds View High School parking discussion prior to the school year starting. That may need more than one discussion. A resident is looking for Council to suggest another solution. City Administrator Jagoe said her understanding is that Council wants to know what is currently in place for on street parking, adjacent to Mounds View High School. Councilmember Monson confirmed. The resident is looking for some ideas that will be effective. Discussion ensued about what some options may be. Council directed Staff to bring that discussion to the next work session. 4. COUNCIL/STAFF COMMENTS None. ADJOURN Mayor Grant adjourned the City Council Work Session at 9:02 p.m. Jen Estling Deputy Clerk David Grant Mayor [DRAFT--,, Approved: August 10, 2026 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 13, 2026 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City Council meeting at 7:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Tena Monson, Emily Rousseau and Kurt Weber Absent: None Also present: City Administrator Jessica Jagoe; Public Works Director/City Engineer Swearingen David Swearingen; Community Development Director Jacob Reilly; and Assistant to the City Administrator/City Clerk Julie Hanson PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Monson moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried (5- 2. TCAAP/RICE CREEK COMMONS UPDATE City Administrator Jagoe stated the Joint Development Authority met for a special regular meeting on July 6t'. The JDA received a presentation from Kimley Horn on the Rice Creek Boulevard infrastructure and landscaping, as well as an overview of the construction schedule for these improvements. Ramsey County shared that the Army Memorandum of Understanding for the TGRS Modifications is complete. Also on the agenda, the JDA reviewed their 2027 proposed budget, which included an increase from previous years to continue to support sustainability work and a potential real estate advisor. Immediately following that meeting, the Joint Development Authority met in a closed session to discuss attorney -client privilege related to litigation with Alatus Arden Hills, LLC. ARDEN HILLS CITY COUNCIL — JULY 13, 2026 2 Councilmember Holden commented on the history of TCAAP and expressed concern with the fact that the County and developer continued to meet to discuss how this property would develop and then told the City an agreement had been reached on how the property would develop. It was her hope this same situation would not occur under the new "hybrid" model that was being pursued for TCAAP. She asked how the City would be protecting itself. City Administrator Jagoe explained the work being done by the City and County staff on the cooperative agreement would address these concerns. She reported the County would still be responsible for the negotiation on land transactions, but noted part of the cooperative agreement would address land proceeds and fair market value. 3. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, reported he addressed the Council a month ago regarding how excess franchise fees would be managed by the City. He stated these franchise fees were another tax from the City. He indicated he was still waiting to receive an answer from the Council and encouraged the City to not over -tax residents and local businesses. He explained $270,000 was needed to cover the annual debt service for the fire station but an excess of $165,000 will accrue over the next 15 years as the bonds mature. He reported that when the bonds were approved, the public was assured that all excess fees would be directed towards the fire station bonds. It was his understanding the Council used the first $165,000 in excess revenue to augment the City's general fund. He explained over the next 15 years, residents and business owners will pay the City $2.5 million in unneeded taxes. He recommended the Council lower the franchise fee tax rate in order to properly reflect the amount needed for the fire department bonds. He encouraged the Council to keep its word and that all franchise fees collected be directed to the debt service for the new fire department. He recommended any excess revenue from franchise fees be dedicated to early the payoff of the bonds. He urged the Council to keep its word when it comes to the franchise fees. 4. RESPONSE TO PUBLIC INQUIRIES None. 5. PUBLIC PRESENTATIONS None. 6. STAFF COMMENTS A. Transportation Update Public Works Director/City Engineer Swearingen reported Xcel Energy was progressing with the installation of the 20" gas main along Highway 96. He anticipated this project would continue throughout the remainder of the summer and would continue to have traffic impacts along Highway 96. Public Works Director/City Engineer Swearingen stated for the 2026 PMP project, the contractor has begun spot utility repairs and curb removals within the Karth Lake neighborhood. ARDEN HILLS CITY COUNCIL — JULY 13, 2026 3 Public Works Director/City Engineer Swearingen explained the Highway 51 pavement project would have a southbound right lane closure from Old Snelling Avenue to Asbury Street through early August. He indicated this project has seen significant delays due to unforeseen utility conflicts. He reported construction would continue throughout the summer and into the fall. Mayor Grant questioned when the 20" line along Highway 96 would be buried. Public Works Director/City Engineer Swearingen anticipated the line would be buried in the next week or two. Councilmember Jagoe inquired if the City had heard back from the church regarding the parking lot at Hazelnut Park. City Administrator Jagoe reported the City had not. B. Night to Unite Update Assistant to the City Administrator/City Clerk Hanson stated Night to Unite would be held on Tuesday, August 4. She commented that individuals interested in hosting a Night to Unite event are encouraged to register their gathering with the Ramsey County Sheriff's Office (RCSO) by Tuesday, July 21 and the RCSO will do their best to coordinate a visit from a deputy and fire department personnel. Registration can be completed online and find more information about Night to Unite in general on the Ramsey County Sheriff's Office webpage by visiting ramseycounty.us and typing night to unite in the search field. They may also call 651-266-7339 to speak with someone directly. In addition, the City has information about Night to Unite, including the County's link for online registration, available on our website's main page under News and Announcements. Residents wishing to donate school supplies can bring items to their local neighborhood event or drop the items off at the Ramsey County Sheriff's Patrol Station located at 1411 Paul Kirkwold Drive between 8:00 am and 4:30 pm Monday, August 3 through Friday, August 7. Donations can also be dropped off at City Hall during regular business hours. As of July 1st, there were 8 parties registered in Arden Hills. A final list will be provided to Council once received and also published on the City's website. C. Elections Update Assistant to the City Administrator/City Clerk Hanson provided an update on the upcoming elections. She explained there would be three seats on the November 3 general election ballot, that of the mayor and two Councilmembers. She indicated these seats all have four year terms. She reported candidate filing packets can be found online from the Minnesota Secretary of State's website, Ramsey County elections website or paper packets were available at City Hall. She noted the filing period begins July 14 and runs through July 28. She provided further information regarding the August 11 primary election and discussed how to apply for an absentee ballot. D. 75th Anniversary Event Update Assistant to the City Administrator/City Clerk Hanson reported the City's 75th Anniversary Celebration event would be held on Friday, July 17 at Cummings Park from 4:00 p.m. to 10:00 p.m. General parking for the event will be held at the Boston Scientific parking lot. She commented on the events that have been planned for this event and encouraged all to attend. ARDEN HILLS CITY COUNCIL — JULY 13, 2026 4 Councilmember Rousseau thanked staff for all of their hard work in planning this event. She asked where the drone show would be held. Assistant to the City Administrator/City Clerk Hanson stated the drone show staging area would be on the soccer field and explained this area of the park would be sectioned off. Councilmember Holden reported the City had received over $45,000 from sponsors and she thanked the businesses in the community for their generous contributions. She encouraged residents bring water to the event, because it would be hot. She indicated she was looking forward to attending the drone show. Mayor Grant thanked the 751h Anniversary Committee for all of their efforts to plan and make this event possible. He also thanked all of the individuals and businesses for their generous donations. 7. APPROVAL OF MINUTES None. 8. CONSENT CALENDAR A. Motion to Approve Consent Agenda Item - Claims and Payroll B. Motion to Approve Resolution 2026-034 Appointing Council Liaison to Cities for Safe and Stable Communities C. Motion to Approve Resolution 2026-035 - 2026 Annual Street Maintenance Project -Award Construction Contract D. Motion to Approve Pay Request No. 3 — Bituminous Roadways — 2026 PMP Street & Utility Improvement E. Motion to Authorize the City Administrator to Execute a Lease Agreement with Karon Holdings for Parking Lot Use on Friday, July 17 MOTION: Councilmember Holden moved and Councilmember Weber seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried (5-0 . 9. PULLED CONSENT ITEMS None. 10. PUBLIC HEARINGS A. Special Assessment Hearing and Approval of Resolution 2026-035, Adopting the Assessment Roll for the Lexington Avenue and Target Road Signal System Improvements Public Works Director/City Engineer Swearingen stated the 2013 Master Planned Unit Development (PUD) agreement, for the Lexington Station commercial site includes access and cost participation requirements related to the proposed Target Road traffic signal. The master ARDEN HILLS CITY COUNCIL — JULY 13, 2026 5 PUD agreement states that full development of the Lexington Station commercial property will include a new access driveway aligned with Target Road to replace the current access point along Lexington Avenue. The new access is required to include the proposed traffic signal at Target Road based on a completed traffic study. The master PUD agreement further requires the developer of the Lexington Station site to pay for or accept an assessment against the project property for the cost of the access improvements, including the traffic signal. On August 9, 2021, City Council approved Resolution 2021-044, receiving the feasibility report for the potential traffic signal system as part of the Lexington Avenue Reconstruction Project and ordering the Improvement Public Hearing. The feasibility report was prepared for the Cities of Shoreview and Arden Hills to document proposed improvements, project costs, funding, and assessments for a new traffic signal system installed as part of the Ramsey County Lexington Avenue Reconstruction Project. The full feasibility report is on file and can be reviewed upon request to City staff. Public Works Director/City Engineer Swearingen reported on August 23, 2021, the City Council conducted an Improvement Public Hearing for the proposed Lexington Avenue and Target Rd Traffic Signal System project in accordance with City Council Resolution 2021-044. Following the Improvement Public Hearing on August 23, 2021, the City Council approved Resolution 2021-047 ordering improvement and preparation of plans & specifications for the Lexington Avenue and Target Road traffic signal system improvements. The traffic signal improvements were constructed as part of Ramsey County's Lexington Avenue Reconstruction project. On January 12, 2026, the City approved the final payment to Ramsey County for its portion of the project costs. With final values determined for the traffic signal, the actual construction costs of $164,369.52 are proposed to be assessed to the benefiting properties. Public Works Director/City Engineer Swearingen explained on June 8, 2026, the City Council adopted Resolution 2026-028 Declaring Costs to be Assessed and set today as the date for the assessment hearing. A public hearing prior to adopting the assessments is a requirement of State Statute 429. Within the feasibility report, it outlines two scenarios for benefiting properties. The final as constructed design is applicable to Scenario 2, where the three properties Parcel ID 27-30- 23-41-0022, 27-30-23-41-0023, and 27-30-23-41-0024 are the benefitting properties; therefore, the assessment roll was created accordingly. Public Works Director/City Engineer Swearingen commented many cities set their interest rate for assessments at two (2) percentage points over the bond interest rate. The City's assessment policy states that the interest rate used for the assessment shall be designated at the prime rate plus two (2) percentage points. The interest rate related to the 2026 PMP Street & Utility Improvement project was set at 5.7%. The Finance Director recommends the same interest rate be applied to the Lexington Avenue and Target Road. Traffic Signal System Improvements. No property owners have submitted an objection at the time of creating this memo. Any other written objection received prior to Monday evening will be provided to the City Council at the assessment hearing. The total project costs were analyzed for the assessable cost. The calculation of the amount to be assessed as approved by Council Resolution 2026-010 was reviewed with the Council and recommended for approval after holding a public hearing. Councilmember Weber inquired if the signal prices were included in the bid. Public Works Director/City Engineer Swearingen commented these were the final as constructed costs. ARDEN HILLS CITY COUNCIL — JULY 13, 2026 6 Councilmember Weber discussed the objections the City received, noting the properties in Shoreview were being equally assessed for this signal. Public Works Director/City Engineer Swearingen reported this was the case, noting there was a 50150 split for the expenses for this signal between the Shoreview and Arden Hills properties. Councilmember Holden explained that Nick Roberts, the developer of Lexington Station, wanted this light in place. She asked if Target would be paying their fair share on this light. Public Works Director/City Engineer Swearingen stated both Target and Raising Cane's would be paying their share of the assessments. Mayor Grant opened the public hearing at 7:27 p.m. With no one coming forward to speak, Mayor Grant closed the public hearing at 7:28 p.m. MOTION: Councilmember Monson moved and Councilmember Rousseau seconded a motion to approve Resolution 2026-036, Adopting Assessment Roll for the Lexington Avenue and Target Road Traffic Signal System Improvements. The motion carried (5-0). 11. NEW BUSINESS None. 12. UNFINISHED BUSINESS None. 13. COUNCIL COMMENTS Councilmember Rousseau explained the Rotary Club would be meeting the second and fourth Saturdays throughout the remainder of the summer at Floral Park and would appreciate gardening support from the neighbors. She commented she would like to see the City promoting these events as well as the adopt a park program. Councilmember Rousseau stated she would like the Council to hold a works session discussion regarding the lessons learned when planning the 75th Anniversary celebration. Councilmember Rousseau reported she attended the League of Minnesota Cities Conference and shared further information on the sessions she attended. Councilmember Weber stated he supported the Council having a discussion at a future work session regarding the lessons learned from the planning of the 751h Anniversary celebration event. Councilmember Weber provided an update from the Planning Commission, which was held on Wednesday, July 8. He noted this meeting was five hours long and four hours were spent discussing the Roers planning case item. He commented on how the Planning Commission voted ARDEN HILLS CITY COUNCIL — JULY 13, 2026 7 on this item, stating the Commission was concerned with the loss of the tree buffer, shading of the neighboring property, and placement of the building. Councilmember Holden thanked Flaherty's for the investment they made by putting a fresh coat of paint on their building. She also thanked Mike's Pro Shop, which was located within Flaherty's, for providing the City with trophies for the upcoming car show. Councilmember Holden requested the Perry Park Trail from Brightwood Way be discussed at a future work session. Councilmember Holden stated she attended the League of Minnesota Cities Conference as well. Councilmember Holden encouraged people to not trespass on the AHATS property. Councilmember Monson reported she supported the Council discussing the lessons learned from planning the 75th Anniversary event at a future work session, along with sharing information on the City's Facebook page about the upcoming Rotary events. Councilmember Monson addressed the comment made during Public Inquiries noting the Council would be discussing franchise fees at the upcoming budget meetings. Councilmember Rousseau indicated the City does not have a finance director at this time and once the interviews were completed the Council would be able to move forward with the budgeting process. Councilmember Weber noted it appears Mr. Larson would like a response from the City. Mayor Grant agreed staff should provide Mr. Larson with a response noting this topic would be addressed during the budget season. He explained the bonds could not be paid off prior to nine years. He commented on the fire station renovations that were proposed for the Turtle Lake Station. Mayor Grant stated the Platinum 55 development (Trident Development project near North Heights Church) paid all permit fees and associated costs to the City, which was approximately $2.2 million. He understood signs had been posted and construction would begin shortly on this proj ect. Mayor Grant reported there was misinformation out there claiming he did not respond to residents regarding the Roers project. He noted this was not true. He explained he responded and attended the resident meeting where concerns were voiced to the developer. He commented he also attended the Planning Commission meeting. Mayor Grant indicated he met with the Regional Council of Mayors this afternoon noting this group discussed e-bikes and e-motos as well as planning for the 2050 Comprehensive Plan. City Administrator Jagoe explained there was Council direction for staff to advertise the Rotary Club events through a Facebook post and there was consensus to bring forward future work session items for Perry Park and to allow for the discussion of the lessons learned from planning the 75th Anniversary celebration. ARDEN HILLS CITY COUNCIL — JULY 13, 2026 8 ADJOURN M ION: M yor Grant moved and Councilmember Weber seconded a motion to adiourn. The motion carried (5-0). Mayor Grant adjourned the Regular City Council Meeting at 7:51 p.m. Julie Hanson City Clerk David Grant Mayor CONSENT ITEM 8A MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A 2026 Payroll #16 Paid Claims-7/18/2026-7/24/2026 (Check Nos. 54341-54356 and ACH Checks) Total Payroll Total Accounts Payable $135,677.81 $135,677.81 $692,200.23 $692,200.23 Total Claims $827,878.04 CITY OF ARDEN HILLS PAYROLL # 16 CHECKS DATED: 07/31/26 Biweekly: 07/11/26 - 07/24/26 EMPLOYEE DEDUCTIONS I AMT. I CITY BENEFIT 9,431.661 EFT k Oasdi 7,341.96 7,341.96 EFT k Medicare 1,717.06 1,717.06 EFT 4.785.77 EFT Family Medical Leave -ER Add'l 177.35 A/P Check* Family Medical Leave -ER 520.27 A/P Check* Family Medical Leave-EE 1 520.27 A/P Check* h Premium 0.001 0.00 A/P Check* it Premium 0.00 0.00 A/P Check* Health Care Reimb. 0.00 A/P Check* Denendent Care Reimb. 0.00 A/P Check* EFT A 6,656.001 7,679.97 EFT ionSquare 2,572.43 0.00 EFT ral Pension Fund -Union 2,184.00 A/P Check* State Retirement System 470.00 EFT FLAC 0.00 EFT A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* ife/Addl/Dep Life 0.00 0.00 ife/Addl non -tax 0.00 TD/STD Insurance 0.00 ERA Life Insurance 0.00 JOE 49 Dues (Union) 0.00 OTAL VOLUNTARY 0.001 0.00 Total Employee Deductions 35,679.15 Net Payroll 0.00 Direct Deposit 82,562.05 Gross Payroll Tie -Out 118,241.20 Plus City Paid Benefit 17,436.61 TOTAL PAYROLL COST 135,677.81 FICA TIE -OUT Gross Payroll 118,241.20 Less Total FSA 0.00 Less Total H.SA 0.00 Less Voluntary Ins 0.00 Net P/R Subject to FICA 118,418.55 FICA Oasdi @ 6.20% 7,341.96 FICA Medicare @ 1.45% 1,717.06 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. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 8/5/2026 3:12 PM ---ARQEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0189 GOPHER STATE ONE CALL 07/24/2026 6060190 June Locates Locates 99.90 6060190 June Locates Locates 99.90 6060190 June Locates Locates 99.90 Total for this ACH Check for Vendor 0189: 299.70 ACH 0192 GRAINGER INC 07/24/2026 9977113589 Battery 21.54 Total for this ACH Check for Vendor 0192: 21.54 ACH 0220 M NNESOTA DEPT OF LABOR & INDU 07/24/2026 ABR0374798X Boiler Inspeciton 25.00 Total for this ACH Check for Vendor 0220: 25.00 ACH 0234 M CQUEEN EQUIPMENT INC 07/24/2026 INV5081 Hose 81.60 Total for this ACH Check for Vendor 0234: 81.60 ACH 0242 M T COUNCIL ENVIRON SERVICES-S, 07/24/2026 072126 June SAC -24.85 072126 June SAC 2,485.00 Total for this ACH Check for Vendor 0242: 2,460.15 ACH 0285 XCEL ENERGY 07/24/2026 984109971 5/17/26-6/29/26 2,263.61 984109971 5/17/26-6/29/26 848.92 984109971 5/17/26-6/29/26 62.08 984109971 5/17/26-6/29/26 640.00 984109971 5/17/26-6/29/26 1,654.82 984109971 5/17/26-6/29/26 1,795.44 984109971 5/17/26-6/29/26 268.49 Total for this ACH Check for Vendor 0285: 7,533.36 ACH 0292 OXYGEN SERVICE COMPANY INC 07/24/2026 0003656009 June Rental 44.31 Total for this ACH Check for Vendor 0292: 44.31 ACH 0327 STAPLES INC 07/24/2026 6067532118 Supplies 14.61 6067532118 Supplies 11.76 6067877797 Credit Memo -14.61 6067990957 Supplies 14.61 6067990959 Credit Memo -98.29 6068213165 Supplies 77.19 AP Checks by Date - Detail by Check Date (8/5/2026 3:12 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 6068213166 Supplies 12.30 6068213167 Supplies 42.86 6068292782 Supplies 130.58 6068292783 Supplies 78.40 6068367194 Supplies 86.11 Total for this ACH Check for Vendor 0327: 355.52 ACH 0549 ABLE HOSE & RUBBER 07/24/2026 239959-001 Tanker Hose Assembly 312.10 Total for this ACH Check for Vendor 0549: 312.10 ACH 0750 VERIZON WIRELESS 07/24/2026 6148291373 Service 6/11-7/10 951.46 Total for this ACH Check for Vendor 0750: 951.46 ACH 0922 NINENORTH 07/24/2026 2026-095 Audio/Visual-June 1,174.24 2026-095 JDAAudio/Visual-June 197.60 Total for this ACH Check for Vendor 0922: 1,371.84 ACH 10363 MINUTE MAKER SECRETARIAL 07/24/2026 M2268 7/6 JDA Meeting 219.50 M2268 7/8 PC Meeting 613.00 M2268 7/13 CC Meeting 189.50 Total for this ACH Check for Vendor 10363: 1,022.00 ACH 1125 BOLTON & MENK INC 07/24/2026 0400203 2026 Lift Station 889.00 Total for this ACH Check for Vendor 1125: 889.00 ACH 1223 ADAM'S PEST CONTROL - MAIN 07/24/2026 4567637 7/17 Pest Control 94.62 Total for this ACH Check for Vendor 1223: 94.62 ACH 1363 WATER CONSERVATION SERVICES IN( 07/24/2026 151022 Locate: 4526 Pleasant Drive 479.52 Total for this ACH Check for Vendor 1363: 479.52 ACH 2490 CORE & MAIN LP 07/24/2026 C000002496 End Section Return -449.12 V000049805 Manhole Rings 4,121.44 V000049853 End Apron 572.02 Total for this ACH Check for Vendor 2490: 4,244.34 ACH 5587 CES IMAGING INC 07/24/2026 INVI84816 supplies 63.30 INV 184816 July Rental 60.00 Total for this ACH Check for Vendor 5587: 123.30 ACH 5593 AMERICAN LEGAL PUBLISHING COR 07/24/2026 52218 Ordinance 26-012 & 013 22.50 AP Checks by Date - Detail by Check Date (8/5/2026 3:12 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 5593: 22.50 ACH 7025 ON SITE COMPANIES -OSSTC INC 07/24/2026 0002103641 75th Celebration 1,642.00 0002103676 75th Celebration Light Tower 1,770.00 0002105640 75th Celebration -Light Tower Credit -1,770.00 Total for this ACH Check for Vendor 7025: 1,642.00 ACH 7804 MARTIN MARIETTA MATERIALS INC 07/24/2026 49723301 6/29 Purchase 464.64 Total for this ACH Check for Vendor 7804: 464.64 ACH 8870 CHET'S SHOES INC 07/24/2026 LLC70723 Seasonal Boots 250.00 Total for this ACH Check for Vendor 8870: 250.00 ACH ADVS ADVANTAGE SIGNS & GRAPHICS INC 07/24/2026 V0726-17 Street Signs 42.00 Total for this ACH Check for Vendor ADVS: 42.00 ACH ALPI ALLEGRA PRINT & IMAGING INC 07/24/2026 180558 June July Newsletter Postage 1,207.06 180558 June July Newsletter 4,293.06 Total for this ACH Check for Vendor ALPI: 5,500.12 ACH HOLDB BRENDA HOLDEN 07/24/2026 071626 Trophies 75th Celebration 36.00 Total for this ACH Check for Vendor HOLDB: 36.00 ACH SRFC SRF CONSULTING GROUP INC 07/24/2026 16750.00-31 Old Hwy 10 Trail 29,104.45 Total for this ACH Check for Vendor SRFC: 29,104.45 ACH TOII TOKLE INSPECTIONS INC 07/24/2026 070126 June Electrical Inspections 17,062.92 Total for this ACH Check for Vendor TOII: 17,062.92 54341 2597 AARP 07/24/2026 C49145 June AARP Driver Safety 155.00 Total for Check Number 54341: 155.00 54342 1033 COMCAST 07/24/2026 98681.0726 Service 7/5-8/4 111.52 Total for Check Number 54342: 111.52 54343 10244 COMCAST BUSINESS INC 07/24/2026 276861238 July Service 511.31 Total for Check Number 54343: 511.31 54344 0841 EHLERS & ASSOCIATES INC. 07/24/2026 106989 June TCAAP 406.25 AP Checks by Date - Detail by Check Date (8/5/2026 3:12 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 106995 General Consulting-TIF 465.00 107234 2026 Disclosure Reporting 110.50 107234 2026 Disclosure Reporting 739.50 Total for Check Number 54344: 1,721.25 54345 0849 FRA-DOR INC 07/24/2026 2606169 Limestone & Black Dirt 385.50 Total for Check Number 54345: 385.50 54346 10668 HIRSHFIELDS 07/24/2026 06336007 Paint Supplies 376.78 06336305 Paint Supplies 124.68 Total for Check Number 54346: 501.46 54347 7034 HOTSY MINNESOTA 07/24/2026 29721 Supplies 221.01 Total for Check Number 54347: 221.01 54348 0390 INT'L UNION OPERATING ENGINEERS 07/24/2026 1200.0726 July Dues 245.00 Total for Check Number 54348: 245.00 54349 10330 KLEIN UNDERGROUND LLC 07/24/2026 63217 3131 Shoreline Dr 1,375.00 63218 1471 Skiles Lane 1.947.00 Total for Check Number 54349: 3,322.00 54350 0495 LAKE JOHANNA FIRE DEPARTMENT 1 07/24/2026 1023 2nd Half 2026 Fire Contract 532,776.00 Total for Check Number 54350: 532,776.00 54351 DEED MINNESOTA UI 07/24/2026 19667963 Q2 2026 Unemployment Benefits 192.52 Total for Check Number 54351: 192.52 54352 1074 PRECISION LANDSCAPE & TREE INC 07/24/2026 91738 1541 Edgewater Ave 525.00 Total for Check Number 54352: 525.00 54353 0811 RAMSEY COUNTY 07/24/2026 07162026 Excess Increment TIF 4 (296) 55,669.00 FLEET-001091 Equipment Repair Parts -May 19.93 FLEET-001091 Equipment Repair -May 123.40 FLEET-001092 Fuel -May 2,605.41 FLEET-001097 Equipment Repair -June 330.26 FLEET-001097 Equipment Repair -June 254.80 FLEET-001098 Fuel -June 3,017.81 PRMG-006019 PW Rental Space -August 3,165.34 PRMG-006019 PW Rental Space -August 6,330.70 PRMG-006019 PW Rental Space -August 1,406.82 PRMG-006019 PW Rental Space -August 3,165.36 Total for Check Number 54353: 76,088.83 AP Checks by Date - Detail by Check Date (8/5/2026 3:12 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 54354 10354 ST. PAUL PIONEER PRESS 07/24/2026 113369 PC 26-008, 26-010, 26-012, 26-015, 26-17, 26-0 367.07 113369 Ordinance Summaries 2026-010, 011, 012 & 01 175.83 113369 Traffic Signal & 2026 Street Maintenance 175.56 113369 PC 26-018 49.30 Total for Check Number 54354: 54355 10638 STATE INDUSTRIAL PRODUCTS 07/24/2026 904162991 Insight Aerosol Total for Check Number 54355: 54356 3099 TRI STATE BOBCAT INC-LITTLE CANS 07/24/2026 A65343 Supplies A65858 Supplies Total for Check Number 54356: Total for 7/24/2026: Report Total (42 checks): 767.76 200.00 200.00 11.77 30.31 42.08 692,200.23 692,200.23 AP Checks by Date - Detail by Check Date (8/5/2026 3:12 PM) Page 5 CONSENT ITEM - 8B MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Annual Data Practices Policy Review Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Motions to approve, table, or deny the following: Funding Source: N/A • Acceptance of the City's Minnesota Government Data Practices Policy and Procedures Background/Discussion Minnesota State Statute Chapter 13, Government Data Practices, Section 13.025, Subd. 3, provides for annual review of the City's data practices policy. The City Attorney reviewed the City's current policy and recommends edits to Section II D. Fees (page 5) clarifying that data retrieval/search may be required by a higher level staff member and that a fee would then be calculated based on the higher salary rate; Section III D. Fees (page 7) confirming the hourly wage of the lowest paid employee that is able to search, retrieve and make copies shall be used; as well as minor edits to Section VIII C. Data Inventory (page 10). Please refer to Attachment A (redlined version) for these edits. Attachment B (clean version) incorporates the proposed edits. Staff is requesting that Council accept the policy. Budget Impact None. Attarhmonta Attachment A: Data Practices Policy (redlines) Attachment B: Data Practices Policy (final) Page 1 of 1 Attachment A It, -A II�)EN_ HILLS CITY OF ARDEN HILLS MINNESOTA GOVERNMENT DATA PRACTICES POLICIES and PROCEDURES my 29 ` 02-5 August 10, 2026 Annual Review required by August 1 Owner: City Clerk/Responsible Authority CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES INDEX CONTENTS DATA PRACTICES PROCEDURES............................................................................................ 2 1. Introduction............................................................................................................................ 4 A. Access to Data...................................................................................................................... 4 B. Categories of Classification................................................................................................... 4 C. Responsible Authority............................................................................................................ 4 11. Public Data Access PROCEDURE........................................................................................ 5 A. Right to Access Public Data.................................................................................................. 5 B. Form of Request.................................................................................................................... 5 C. Time Limits............................................................................................................................ 5 D. Fees......................................................................................................................................5 111. Data Subject Access PROCEDURE FOR INDIVIDUALS ...................................................... 6 A. Right to Access..................................................................................................................... 6 B. Data Subject Access and Right to Request........................................................................... 6 C. Identification of Requesting Party.......................................................................................... 7 D. Time Limits............................................................................................................................ 7 E. Fees......................................................................................................................................7 F. Juvenile Records................................................................................................................... 7 IV. Denial of Access.................................................................................................................... 8 V. Summary Data....................................................................................................................... 8 VI. Collection of Data on Individuals........................................................................................... 8 VI I. Challenge to Data Accuracy.................................................................................................. 9 2 VIII. Ensuring Security of Not Public Data..................................................................................... 9 A. Accuracy and Currency of Data............................................................................................. 9 B. Data Safeguards.................................................................................................................... 9 C. Data Inventory ..................................................................................................................... 10 D. Employee Job Descriptions................................................................................................. 10 E. Data Sharing with Authorized Individuals............................................................................ 10 F. Contracts............................................................................................................................. 11 G. Penalties..............................................................................................................................11 EXHIBITS NUMBER Listof Designees...................................................................................... 1 Fees......................................................................................................... 2 Request to Release Private Data (From and Individual and From Government)................................................................................... 3 Request for Information/MN Government Data Practices Act Form......... 4 Access and Nondisclosure Agreement......................................................5 Notice to Juveniles................................................................................... 6 TennessenWarning................................................................................. 7 Contract Language, Outside Agents........................................................ 8 APPENDICES LETTER Private & Confidential Data Maintained by City ... .................................... A CITY OF ARDEN HILLS PUBLIC DATA AND DATA SUBJECT RIGHTS ACCESS PROCEDURES I. INTRODUCTION These procedures are adopted to comply with the requirements of the Minnesota Government Data Practices Act (the "Act"), found in the Minnesota Statutes §13.025, §13.03, Subd. 2 and § 13.05, Subd. 5. Government data means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. The Act, gives you, a member of the public, the right to inspect and obtain copies of public data retained by the City. The Act, also affords individuals certain rights as data subjects. For full Statute language, see Chapter 13, Government Data Practices https://www.revisor.mn.gov/statutes/cite/13 A. Access to Data Al information maintained by the City is pub is unless there is a specific statutory designation which gives it a private, confidential or non-public classification. The City collects data on individuals and data not on individuals. This data also has varying degrees of accessibility. B. Categories of Classification Data on Individuals Data Not on Individuals Degree of Accessibility Public Public Accessible to anyone Private Non -Public Accessible to data subjects and to government officials whose duties reasonably require access. Confidential Protected Non -Public Accessible only to government officials whose duties reasonably require access. C. Responsible Authority The City Clerk is the Responsible Authority and Data Practices Act Compliance Official. The Responsible Authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. The City Clerk or their designee shall review the data practices policy and procedures annually for compliance with the Act. M II. PUBLIC DATA ACCESS PROCEDURE The Act, gives all members of the public, the right to inspect at City offices and have copies of public data that the City maintains. A. Right to Access Public Data. Any person has the right to inspect and copy public data. The person requesting public data also has the right to have an explanation of the meaning of the data. The person requesting public data does not need to state his or her name or give the reason for the request. However, the person making the request may need to provide some personal information for practical reasons (e.g., for mailed copies). B. Form of Request. The request for public data must be in writing to the Responsible Authority. Requests can be submitted online via the City's website at https://www. cityofardenhills. org/FormCenter/General-Forms-3/Request-for- Information-47 or by submitting the City's Request for Information/Minnesota Government Data Practices Act form (see Exhibit 4) via email, U.S. mail, fax or in person. C. Time Limits. Requests. Requests for accessible public data will be received and processed only during normal business hours. Response. If copies cannot be made at the time of the request, data must be supplied to the requestor within a reasonable time (Minnesota Rules 1205.0300). Suspend. If the Responsible Authority has notified the requestor that the responsive data or copies are available for inspection or collection and the requestor does not inspect or collect the copies within five (5) business days, the Responsible Authority may suspend any further response to the request until the requestor inspects the data that has been made available or collects and pays for the copies that have been produced. D. Fees. Fees may be charged only if the requesting person asks for copies. If the request is for 100 or fewer black and white, letter or legal size paper copies fees will be charged according to the City's standard photocopying policy, attached as Exhibit 2. For more than 100 or fewer black and white, letter or legal size paper copies or electronic transmittal of data, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public information from non-public information When calculating employee time for making copies, the hourly wage of the lowest -paid employee who is able to search for, retrieve, and make the copies shall be used. If, based on the request, the responsible authority finds it necessary for a higher -paid employee to search for and retrieve the data, the responsible authority will calculate search and retrieval charges at the higher/salary rate. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. 5 The City may require pre -payment for copies of data (Advisory Opinion 04-068). III. DATA SUBJECT ACCESS PROCEDURE FOR INDIVIDUALS Minn. Stat. § 13.04 is part of the Act and explains an individual's rights as a data subject. An individual is a living human being. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. Right to Access. Public information about an individual may be shown or given to anyone requesting the information. Private information about an individual may be shown or given to: • The individual who is the data subject, but only once every six (6) months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. • People who are authorized access by the federal, state, or local law or by court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. • City staff and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. City Council's access to private personnel data is limited to instances when an employee is facing a complaint or disciplinary action is being considered. Confidential information may not be given to the subject of the data, but may be shown or given to: • Anyone who is authorized by federal, state, or local law or by court order. • City staff, City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Data Subject Access and Right to Request. An individual may submit a request in writing whether the individual is the subject of data maintained by the City, and whether that data is classified as public, private, or confidential. All requests to see or copy private information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The Responsible Authority or designee must complete the relevant portions of the form (see Section II, B. Form of Request, above for options to submit the form). The Responsible Authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A response to a request for data relating to litigation will be made after consultation with the City Attorney. M. C. Identification of Requesting Party. The Responsible Authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within five (5) working days if an immediate response is not possible. The City may have an additional five (5) working days, not to exceed 10 days total, to respond if it notifies the requesting person that it cannot comply within five (5) working days. • Suspend. If the Responsible Authority has notified the requestor that the responsive data or copies are available for inspection or collection, and the requestor does not inspect the data or collect the copies within five (5) business days of the notification, the Responsible Authority may suspend any further response to the request until the requestor inspects the data that has been made available, or collects and pays for the copies that have been produced. D. Fees. Fees may be charged in the same manner as for public information, except that the hourly wage of the lowest -paid employee who is able to search for, retrieve, and make the copies shall be used. E. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The Responsible Authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of the request to deny access, i7 • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there is reasonable grounds to support the juvenile's reasons for denying parental access, • Whether disclosure of the data could lead to physical or emotional harm to the minor; and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Responsible Authority may deny parental access to private data on a juvenile without a request from the juvenile pursuant to Minnesota Statutes §§ 144.291 to 144.298 or any other statute or federal law that allows or requires the Responsible Authority to deny parental access, if such state statute or federal law provides standards which limit the exercise of discretion of the Responsible Authority. IV. DENIAL OF ACCESS If the Responsible Authority or designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or designee must give the specific legal authority, including statutory section, for withholding the data. The Responsible Authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. V. SUMMARY DATA Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The Responsible Authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within ten (10) days after receiving the request. If the summary data cannot be prepared within ten (10) days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit 5. VI. COLLECTION OF DATA ON INDIVIDUALS The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city M council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen Warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen Warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen Warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VII. CHALLENGE TO DATA ACCURACY An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Responsible Authority in writing describing the nature of the disagreement. Within 30 days, the Responsible Authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. VIII. ENSURING SECURITY OF NOT PUBLIC DATA A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or City Administrator, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured M during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non -authorized individuals might see it, password protect employee computers and lock computers before leaving workstations; • secure private or confidential data within locked work spaces and in locked file cabinets; and • shred private or confidential data before discarding. C. Data Inventory Under the requirements of Minnesota Statutes § 13.025, subd. 1, the City has prepared a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with Minnesota Statutes § 13.05 subd. 5, the City has modified fits Dat�venfnrytrepresent thei nleyees who have acGss to not p blin dat.adata safeguards set forth in Section VIII.B. In the event of temporary duty as assigned by a manager or supervisor, an employee may access certain not public data, for as long as the work is assigned to the employee. In addition to the employees listen in the Gity's Data Inventor certain employees on an as - needed basis as part of a specific work assignment, the Responsible Authority, the Data Practices Compliance Official, the City Administrator, Department Heads, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. The City's General Records Retention Schedule lists data maintained by the City and its classification. The retention schedule is available on the Minnesota Clerks and Finance Officers Association (MCFOA) website at https://www.mcfoa.org/resources/Documents/2021_Retention_Schedule.pdfor by request at Arden Hills City Hall. D. Employee Job Descriptions Employee Job Descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. E. Data Sharing with Authorized Individuals State or federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates 10 it. Individuals will have notice of any sharing in applicable Tennessen warnings (See Minnesota Statutes, section 13.04) or the City will obtain informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. Contracts When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. F. Penalties The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes, section 13.09, if necessary. Penalties included suspension, dismissal, or referring the matter to the appropriate prosecutorial authority who may pursue a criminal misdemeanor charge. 11 EXHIBIT 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Arden Hills is presumed public and accessible to the public for both inspection and copying, unless classified as Private, Confidential, Non-public, or Protected Non-public in accordance with federal law, state statute or a temporary classification (Minn. Stat. 13.01). The City of Arden Hills has appointed the following designees to administer this policy: City Administrator Finance Director Community Development Director Public Works Director Other positions responsible for maintenance of City records are as apparent or assigned. 12 EXHIBIT 2 FEES SEE CITY OF ARDEN HILLS FEE SCHEDULE https://www. cityofardenhills. org/DocumentCenter/View/8/2026-Fee-Schedule-PDF?bidld= 13 EXHIBIT 3 REQUEST TO RELEASE PRIVATE DATA FROM AN INDIVIDUAL If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority (or Designee): City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 I, , give my permission for the City of Arden Hills to release data about me to (name of other entity/person) as described in this consent. 1. The specific data I want the City of Arden Hills to release includes (explain data): 2. 1 understand that I have asked the City of Arden Hills to release the data. 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at (name of other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [OPTIONAL] This permission to release expires (date) , 20_ at am/pm. Signature Signature of Parent/Legal Guardian Date Date 14 EXHIBIT 3 continued REQUEST TO RELEASE PRIVATE DATA FROM GOVERNMENT Explanation of your rights: • You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed in this consent. Before you give permission to release the data, we encourage you to review the data listed in this consent. • You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. • You have the right to ask us to explain the consequences for giving your permission to release the data. • You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. • You may give us permission to discuss the data released by this form with the outside entity. If you choose not to give us permission, you may still allow us to release the data. If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority (or Designee): I, release data about me to City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 PERMISSION TO RELEASE give my permission for the City of Arden Hills to (name of other entity/person) as described in this consent. I understand that my decision to allow release of the data to The specific data that the City of Arden Hills may release to of other entity/person) are (explain data): name of other entity/person) is voluntary. 2. 1 understand the City of Arden Hills wants to release the data for this reason (explain reason): 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [INCLUDE OTHER CONSEQUENCES] (name (name of 4. [OPTIONAL]. I give the City of Arden Hills permission to discuss the data released by this consent with (name of other entity/person). [OPTIONAL] This permission to release expires (date) , 20_ at am/pm. Signature Signature of Parent/Legal Guardian Date Date 15 IDENTITY VERIFIED BY: Witness: Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: 16 EXHIBIT 4 -ARZENjxlLLS ,111wKelff_10114ZINII1&*l REQUEST FOR INFORMATION Minnesota Government Data Practices Act A. Completed by Requestor REQUESTOR NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE. ZIP CODE: EMAIL ADDRESS: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: The City makes every effort to respond to data requests in a reasonable amount of time (generally within five (5) to seven (7) working days). Please note that larger data requests typically require additional time. We appreciate your patience. B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑ NON-PUBLIC ❑ APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑ APPROVED IN PART (explain below) ❑ CONFIDENTIAL ❑ DENIED (explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D., etc. ❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE ❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE ❑ OTHER: AUTHORIZED SIGNATURE: DATE: 17 EXHIBIT 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT FOR SUMMARY DATA 1. AUTHORIZATION. City of Arden Hills ("City") hereby authorizes ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): ❑ The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ ❑ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit 2. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this 9.1 Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ❑ If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. ❑ If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: 0 Title (if applicable): CITY OF ARDEN HILLS M Its: Date: Date: 19 EXHIBIT 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: BY: (name) DATE: (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: 20 EXHIBIT 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 21 EXHIBIT 8 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 22 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. The following data on individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, is public. • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer is private data. If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. 23 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment, except the following which is public: • Veteran status • Relevant test scores • Rank on eligible list • Job history • Education and training • Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) • Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. Completed versions of personnel and licensing examinations are private, unless the responsible authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 24 9. Elected and Appointed Officials Data (Private) Minn. Stat. §13.601. Correspondence between individuals and elected officials, but either may make it public. Application for appointment data is private, except specified data that is public as part of the application process and additional listed items of data once an individual is appointed. 10. Benefit Data (Private) Minn. Stat. §13.642. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn.Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.44 Subd. 3. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn.Stat. §13.548. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn.Stat. §13.393. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney - client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. 15. Safe At Home Participant Data Minn.Stat. §13.045 Subd 2. Participants of the Safe at Home Program may have identity and location data which may be classified as private. Participants may submit a Notice of their participation with the Responsible Authority. 25 Attachment B "It' -t3 DEN HILLS CITY OF ARDEN HILLS MINNESOTA GOVERNMENT DATA PRACTICES POLICIES and PROCEDURES August 10, 2026 Annual Review required by August 1 Owner: City Clerk/Responsible Authority CITY OF ARDEN HILLS DATA PRACTICES PROCEDURES INDEX DATA PRACTICES PROCEDURES...........................................................................................2 1. Introduction.......................................................................................................................... 4 A. Access to Data....................................................................................................................4 B. Categories of Classification..................................................................................................4 C. Responsible Authority..........................................................................................................4 11. Public Data Access PROCEDURE......................................................................................5 A. Right to Access Public Data.................................................................................................5 B. Form of Request..................................................................................................................5 C. Time Limits..........................................................................................................................5 D. Fees....................................................................................................................................5 III. Data Subject Access PROCEDURE FOR INDIVIDUALS.....................................................6 A. Right to Access....................................................................................................................6 B. Data Subject Access and Right to Request.......................................................................... 6 C. Identification of Requesting Party.........................................................................................7 D. Time Limits..........................................................................................................................7 E. Fees....................................................................................................................................7 F. Juvenile Records................................................................................................................. 7 IV. Denial of Access..................................................................................................................8 V. Summary Data.....................................................................................................................8 VI. Collection of Data on Individuals..........................................................................................8 VI1. Challenge to Data Accuracy.................................................................................................9 2 VIII. Ensuring Security of Not Public Data................................................................................... 9 A. Accuracy and Currency of Data...........................................................................................9 B. Data Safeguards..................................................................................................................9 C. Data Inventory ...................................................................................................................10 D. Employee Job Descriptions................................................................................................ 10 E. Data Sharing with Authorized Individuals........................................................................... 10 F. Contracts...........................................................................................................................11 G. Penalties............................................................................................................................11 EXHIBITS NUMBER Listof Designees.....................................................................................1 Fees........................................................................................................2 Request to Release Private Data (From and Individual and FromGovernment)..................................................................................3 Request for Information/MN Government Data Practices Act Form ... ...... 4 Access and Nondisclosure Agreement .................................................... 5 Notice to Juveniles..................................................................................6 Tennessen Warning................................................................................7 Contract Language, Outside Agents........................................................8 APPENDICES LETTER Private & Confidential Data Maintained by City ...................................... A Q CITY OF ARDEN HILLS PUBLIC DATA AND DATA SUBJECT RIGHTS ACCESS PROCEDURES I. INTRODUCTION These procedures are adopted to comply with the requirements of the Minnesota Government Data Practices Act (the "Act"), found in the Minnesota Statutes §13.025, §13.03, Subd. 2 and § 13.05, Subd. 5. Government data means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. The Act, gives you, a member of the public, the right to inspect and obtain copies of public data retained by the City. The Act, also affords individuals certain rights as data subjects. For full Statute language, see Chapter 13, Government Data Practices https://www.revisor.mn.gov/statutes/cite/13 A. Access to Data Al information maintained by the City is pub is unless there is a specific statutory designation which gives it a private, confidential or non-public classification. The City collects data on individuals and data not on individuals. This data also has varying degrees of accessibility. B. Categories of Classification Data on Individuals Data Not on Individuals Degree of Accessibility Public Public Accessible to anyone Private Non -Public Accessible to data subjects and to government officials whose duties reasonably require access. Confidential Protected Non -Public Accessible only to government officials whose duties reasonably require access. C. Responsible Authority The City Clerk is the Responsible Authority and Data Practices Act Compliance Official. The Responsible Authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. The City Clerk or their designee shall review the data practices policy and procedures annually for compliance with the Act. 121 II. PUBLIC DATA ACCESS PROCEDURE The Act, gives all members of the public, the right to inspect at City offices and have copies of public data that the City maintains. A. Right to Access Public Data. Any person has the right to inspect and copy public data. The person requesting public data also has the right to have an explanation of the meaning of the data. The person requesting public data does not need to state his or her name or give the reason for the request. However, the person making the request may need to provide some personal information for practical reasons (e.g., for mailed copies). B. Form of Request. The request for public data must be in writing to the Responsible Authority. Requests can be submitted online via the City's website at https.11www.cityofardenhills.orgIFormCenter/General-Forms-3/Request-for- Information-47 or by submitting the City's Request for Information/Minnesota Government Data Practices Act form (see Exhibit 4) via email, U.S. mail, fax or in person. C. Time Limits. Requests. Requests for accessible public data will be received and processed only during normal business hours. Response. If copies cannot be made at the time of the request, data must be supplied to the requestor within a reasonable time (Minnesota Rules 1205.0300). Suspend. If the Responsible Authority has notified the requestor that the responsive data or copies are available for inspection or collection and the requestor does not inspect or collect the copies within five (5) business days, the Responsible Authority may suspend any further response to the request until the requestor inspects the data that has been made available or collects and pays for the copies that have been produced. D. Fees. Fees may be charged only if the requesting person asks for copies. If the request is for 100 or fewer black and white, letter or legal size paper copies fees will be charged according to the City's standard photocopying policy, attached as Exhibit 2. For more than 100 or fewer black and white, letter or legal size paper copies or electronic transmittal of data, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary to separate public information from non-public information When calculating employee time for making copies, the hourly wage of the lowest -paid employee who is able to search for, retrieve, and make the copies shall be used. If, based on the request, the responsible authority finds it necessary for a higher -paid employee to search for and retrieve the data, the responsible authority will calculate search and retrieval charges at the higher/salary rate. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. The City may require pre -payment for copies of data (Advisory Opinion 04-068). 5 III. DATA SUBJECT ACCESS PROCEDURE FOR INDIVIDUALS Minn. Stat. § 13.04 is part of the Act and explains an individual's rights as a data subject. An individual is a living human being. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. Right to Access. Public information about an individual may be shown or given to anyone requesting the information. Private information about an individual may be shown or given to: • The individual who is the data subject, but only once every six (6) months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. • People who are authorized access by the federal, state, or local law or by court order. • People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen Warning, attached as Exhibit 7. • City staff and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. City Council's access to private personnel data is limited to instances when an employee is facing a complaint or disciplinary action is being considered. Confidential information may not be given to the subject of the data, but may be shown or given to: • Anyone who is authorized by federal, state, or local law or by court order. • City staff, City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Data Subject Access and Right to Request. An individual may submit a request in writing whether the individual is the subject of data maintained by the City, and whether that data is classified as public, private, or confidential. All requests to see or copy private information must be in writing. An Information Disclosure Request, attached as Exhibit 4, must be completed to document who requests and who receives this information. The Responsible Authority or designee must complete the relevant portions of the form (see Section II, B. Form of Request, above for options to submit the form). The Responsible Authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. A response to a request for data relating to litigation will be made after consultation with the City Attorney. M. C. Identification of Requesting Party. The Responsible Authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within five (5) working days if an immediate response is not possible. The City may have an additional five (5) working days, not to exceed 10 days total, to respond if it notifies the requesting person that it cannot comply within five (5) working days. • Suspend. If the Responsible Authority has notified the requestor that the responsive data or copies are available for inspection or collection, and the requestor does not inspect the data or collect the copies within five (5) business days of the notification, the Responsible Authority may suspend any further response to the request until the requestor inspects the data that has been made available, or collects and pays for the copies that have been produced. D. Fees. Fees may be charged in the same manner as for public information, except that the hourly wage of the lowest -paid employee who is able to search for, retrieve, and make the copies shall be used. E. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Responsible Authority or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The Responsible Authority or designee may deny parental access to private data when the juvenile requests this denial and the Responsible Authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Responsible Authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences of the request to deny access, 7 • Whether denying access may protect the juvenile from physical or emotional harm, Whether there is reasonable grounds to support the juvenile's reasons for denying parental access, • Whether disclosure of the data could lead to physical or emotional harm to the minor; and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Responsible Authority may deny parental access to private data on a juvenile without a request from the juvenile pursuant to Minnesota Statutes §§ 144.291 to 144.298 or any other statute or federal law that allows or requires the Responsible Authority to deny parental access, if such state statute or federal law provides standards which limit the exercise of discretion of the Responsible Authority. IV. DENIAL OF ACCESS If the Responsible Authority or designee determines that the requested data is not accessible to the requesting party, the Responsible Authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Responsible Authority or designee must give the specific legal authority, including statutory section, for withholding the data. The Responsible Authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. V. SUMMARY DATA Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The Responsible Authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Responsible Authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within ten (10) days after receiving the request. If the summary data cannot be prepared within ten (10) days, the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Responsible Authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Responsible Authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Responsible Authority may use the form attached as Exhibit 5. VI. COLLECTION OF DATA ON INDIVIDUALS The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. 1.1 When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen Warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen Warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen Warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VII. CHALLENGE TO DATA ACCURACY An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Responsible Authority in writing describing the nature of the disagreement. Within 30 days, the Responsible Authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Responsible Authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any data if so ordered by the Commissioner. VIII. ENSURING SECURITY OF NOT PUBLIC DATA A. Accuracy and Currency of Data. All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or City Administrator, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. p Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non -authorized individuals might see it, password protect employee computers and lock computers before leaving workstations; • secure private or confidential data within locked work spaces and in locked file cabinets; and • shred private or confidential data before discarding. C. Data Inventory Under the requirements of Minnesota Statutes § 13.025, subd. 1, the City has prepared a Data Inventory which identifies and describes all not public data on individuals maintained by the City. To comply with Minnesota Statutes § 13.05 subd. 5, the City has data safeguards set forth in Section VIII.B. In the event of temporary duty as assigned by a manager or supervisor, an employee may access certain not public data, for as long as the work is assigned to the employee. In addition to certain employees on an as -needed basis as part of a specific work assignment, the Responsible Authority, the Data Practices Compliance Official, the City Administrator, Department Heads, and the City Attorney may have access to all not public data maintained by the City if necessary for specified duties. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. The City's General Records Retention Schedule lists data maintained by the City and its classification. The retention schedule is available on the Minnesota Clerks and Finance Officers Association (MCFOA) website at: https://www.mcfoa.org/resources/Documents/2021_Retention Schedule. pdf or by request at Arden Hills City Hall. D. Employee Job Descriptions Employee Job Descriptions may contain provisions identifying any not public data accessible to the employee when a work assignment reasonably requires access. E. Data Sharing with Authorized Individuals State or federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a federal or state law allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings 10 (See Minnesota Statutes, section 13.04) or the City will obtain informed consent. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. F. Contracts When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. G. Penalties The City will utilize the penalties for unlawful access to not public data as provided for in Minnesota Statutes, section 13.09, if necessary. Penalties included suspension, dismissal, or referring the matter to the appropriate prosecutorial authority who may pursue a criminal misdemeanor charge. 11 EXHIBIT 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Arden Hills is presumed public and accessible to the public for both inspection and copying, unless classified as Private, Confidential, Non-public, or Protected Non-public in accordance with federal law, state statute or a temporary classification (Minn. Stat. 13.01). The City of Arden Hills has appointed the following designees to administer this policy: City Administrator Finance Director Community Development Director Public Works Director Other positions responsible for maintenance of City records are as apparent or assigned. 12 EXHIBIT 2 FEES SEE CITY OF ARDEN HILLS FEE SCHEDULE https://www. cityofardenhills. org/DocumentCenter/View/8/2026-Fee-Schedule-PDF?bidld= 13 EXHIBIT 3 REQUEST TO RELEASE PRIVATE DATA FROM AN INDIVIDUAL If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority (or Designee): City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 I, Arden Hills to release data about me to as described in this consent. give my permission for the City of (name of other entity/person) 1. The specific data I want the City of Arden Hills to release includes (explain data): 2. 1 understand that I have asked the City of Arden Hills to release the data. 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at (name of other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [OPTIONAL] This permission to release expires (date) , 20_ at am/pm. Signature Signature of Parent/Legal Guardian Date Date 14 EXHIBIT 3 continued REQUEST TO RELEASE PRIVATE DATA FROM GOVERNMENT Explanation of your rights: • You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed in this consent. Before you give permission to release the data, we encourage you to review the data listed in this consent. • You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. • You have the right to ask us to explain the consequences for giving your permission to release the data. • You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. • You may give us permission to discuss the data released by this form with the outside entity. If you choose not to give us permission, you may still allow us to release the data. If you have a question about anything about this consent, or would like more explanation before you sign it, please contact the Responsible Authority (or Designee): City Clerk City of Arden Hills 1245 W Highway 96, Arden Hills MN 55112 651-792-7811 PERMISSION TO RELEASE I, , give my permission for the City of Arden Hills to release data about me to (name of other entity/person) as described in this consent. I understand that my decision to allow release of the data to (name of other entity/person) is voluntary. The specific data that the City of Arden Hills may release to (name of other entity/person) are (explain data): 2. 1 understand the City of Arden Hills wants to release the data for this reason (explain reason): 3. 1 understand that although the data are classified as private at the City of Arden Hills, the classification/treatment of the data at (name of other entity/person) may not be the same and is dependent on laws or policies that apply to (name of other entity/person). [INCLUDE OTHER CONSEQUENCES] 4. [OPTIONAL]. I give the City of Arden Hills permission to discuss the data released by this consent with (name of other entity/person). [OPTIONAL] This permission to release expires (date) , 20_ at am/pm. Signature Signature of Parent/Legal Guardian Date Date 15 IDENTITY VERIFIED BY: Witness: Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: 16 EXHIBIT 4 - I�EN_ HILLS CITY OF ARDEN HILLS REQUEST FOR INFORMATION Minnesota Government Data Practices Act A. Completed by Requestor REQUESTOR NAME (Last, First, M.): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE. ZIP CODE: EMAIL ADDRESS: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: The City makes every effort to respond to data requests in a reasonable amount of time (generally within five (5) to seven (7) working days). Please note that larger data requests typically require additional time. We appreciate your patience. B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED AS: ACTION: ❑ PUBLIC ❑ NON-PUBLIC ❑ APPROVED ❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑ APPROVED IN PART (explain below) ❑ CONFIDENTIAL ❑ DENIED (explain below) REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: ❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D., etc. ❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE ❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE ❑ OTHER: AUTHORIZED SIGNATURE: DATE: 17 EXHIBIT 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT FOR SUMMARY DATA 1. AUTHORIZATION. City of Arden Hills ("City") hereby authorizes ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): ❑ The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ ❑ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit 2. 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ❑ If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. ❑ If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: M Title (if applicable): CITY OF ARDEN HILLS M Its: Date: Date: 19 EXHIBIT 6 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: DATE: BY: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: 20 EXHIBIT 7 DATA PRACTICES ADVISORY Some or all of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 21 EXHIBIT 8 SAMPLE CONTRACT PROVISION Data Practices Comoliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 22 APPENDIXA PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. The following data on individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, is public. • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer is private data. If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. 23 2. Employment Data (Private) Minn. Stat. §13.43. Data about current and former applicants for employment, except the following which is public: • Veteran status • Relevant test scores • Rank on eligible list • Job history • Education and training • Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) • Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8. Examination Data Minn. Stat. §13.34. Completed versions of personnel and licensing examinations are private, unless the responsible authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 24 9. Elected and Appointed Officials Data (Private) Minn. Stat. §13.601. Correspondence between individuals and elected officials, but either may make it public. Application for appointment data is private, except specified data that is public as part of the application process and additional listed items of data once an individual is appointed. 10. Benefit Data (Private) Minn. Stat. §13.642. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn.Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.44 Subd. 3. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn.Stat. §13.548. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn.Stat. §13.393. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney - client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. 15. Safe At Home Participant Data Minn.Stat. §13.045 Subd 2. Participants of the Safe at Home Program may have identity and location data which may be classified as private. Participants may submit a Notice of their participation with the Responsible Authority. 25 CONSENT ITEM - 8C MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Acceptance of 75th Anniversary Event Sponsorship Funds Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Acceptance of sponsorship funds related to the City's 75th anniversary celebration event and confirm allocation of such toward the 75th anniversary's expenses. Backaround/Discussion Sponsorships vs Donations The City is required to formally accept donations via Council Resolution per Minnesota Statute 465.03 which applies when a City accepts a gift or donation in which the donor receives nothing of value in return. Sponsorships are different in that they are specifically structured so that the sponsor receives a defined promotional benefit, so it is not considered to be a gift. The sponsor agrees that there is a pre -defined and contractually agreed upon benefit in return for their sponsorship dollars. The City Attorney previously confirmed to staff that the City does not need to formally accept sponsorship money like it does donations via Council resolution; however, the City's Finance Director had also confirmed with the City's external auditor that for public transparency, the Council should formally confirm that the funds collected from sponsors for the 75th anniversary event are being directed toward the 75th anniversary event's expenses. Regarding the above statement about sponsors agreeing to a pre -defined and agreed upon benefit in return for their sponsorship dollars, it should be noted that the sponsors submitted the City's sponsorship agreement along with their sponsorship dollars and could elect to have a booth Page] of 3 at the event and all sponsors were noted both on our website's 75th anniversary webpage as well as by promotional signage at the event itself. Council Action Staff is requesting that Council accept the following sponsorships and confirm that allocation of these funds will be utilized to cover expenses related to the 75th anniversary celebration event: Company Name Sponsorship Amount All Energy Solar $100 Allegra $500 Anji Janes / Edina Realty $500 Anonymous Sponsor $5,000 Arden Hills Foundation $1,000 Arden Hills Shoreview Rotary $100 Aslim Zrinsky, Coldwell Banker $100 Balance for Life Fitness $250 Beyond the Yellow Ribbon $100 Bolton & Menk $1,500 Boston Scientific $10,000 Brausen's $1,500 Chi roway $100 Xcel Energy $100 Farrell's Extreme Bodyshaping $250 Frattalone's $1,000 Hood Packaging $250 International Paper $100 ISG $500 JuiceTime $100 Land o Lakes $3,500 Lifelong Wealth Advisors $500 New Brighton Lions $5,000 Petersen Family Dental $500 Precision Tree $1,000 Refuge Massage Wellness $100 Ryan Companies $1,000 Shoreview School of Music $100 Spring Lake Park Lions $8,000 SRF Consulting $1,500 State Farm - Samantha Ferrel $250 TKDA $500 Trustworthy Glass $100 Vince Darling- Focus Financial $100 Walter's Recycling $100 TOTAL $45,300 Page 2 of 3 Budget Impact The Council had allocated $10,000 in the 2026 budget for costs related to the 75" anniversary. As indicated above, sponsorship funds totaling $45,300 were received by the City. While final costs are still being confirmed with Staff, the need to utilize City budgeted dollars for this event is not expected, rather costs will be covered by the sponsorship dollars. It should also be noted that Twin Cities Gateway grant funding, as previously allocated by the City Council for the 751h anniversary, is being used for marketing expenses (drone show, logoed swag, event advertising banners and other signage, Shoreview Press spread, press releases, etc.) as per the City's agreement with Twin Cities Gateway as a membership city. A full accounting of the expenditures will be provided to the Council at an upcoming work session in which the Council discusses lessons learned and event takeaways as a whole. Attachments None Page 3 of 3 CONSENT ITEM - 8D MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Lucas J. Miller - Assistant Public Works Director SUBJECT: 2026 PMP Street & Utility Improvement Project — Payment #4 Budgeted Amount: Actual Amount: Funding Source: $3,426,030 (2026 PMP) $3,441,828 (2026 PMP) PIR, Utility Funds, $200,000 (AMP Hardcourt) $190,000 (AMP Hardcourt) Special Assessments, RCWD Grant $67,500 (AOP ADA) $68,000 (AOP ADA) KLID Levy Total: $3,693,530 Total: $3,699,828 Council Should Consider Motions to approve, table, or deny the following: • Payment #4 for the 2026 PMP Street & Utility Improvement Project Contract to Bituminous Roadways, Inc. in the amount of $773,731.92. Background/Discussion On February 9, 2026, the City Council approved plans & specifications and ordered advertisement for bids for the 2026 PMP Street & Utility Improvement Project which includes the Arden Manor Park Hardcourt Improvements, the Arden Oaks Park ADA Improvements and the Karth Lake Improvement District Pump Improvements. Pursuant of Resolution 2026-006, bids were opened on March 4, 2026, after receiving 3 bids for the project. On April 13, 2026, Resolution 2026-018 Awarded the 2026 PMP Street and Utility Improvements Contract to Bituminous Roadways, Inc. in the amount of $3,006,172.10. The project is approximately 50% complete. Items completed to this point include installation and restoration of the utilities throughout the project, installation of the selective curb replacement within the Karth Lake neighborhood, the installation of the first lift of pavement in Page 1 of 2 the east Karth Lake neighborhood, the installation of the stormwater pond on the south end of Karth Lake, substantial progress on the Karth Lake Pump Structure installation, the substantial installation of the new hardcourt at Arden Manor Park, and substantial installation of the new ADA walking path at Arden Oaks Park. Five percent is being withheld from the work completed in accordance with the contract documents. Payment No. 4 is in the amount of $773,731.92. Bolton and Menk has reviewed the documents and recommends payment. Staff has reviewed the documents and recommends that Council approve Payment No. 4 (Attachment A). Budtet Impact A summary of the project costs and funding sources to date is provided below: Total As -Bid Costs: Actual Project Costs 2026 PIMP contract $ 2,523,172 Tree Clearing contract $ 12,400 Karth Lake Pump Imp. Contract $ 225,000 Arden Manor Hardcourt contract $ 190,000 Arden Oaks ADA Imp. contract $ 68,000 Overhead expenses $ 681,256 Total Project Costs $ 3,699,828 Total Estimated Funding: Funding Source 2026 PMP budget AMP Hardcourt budget AOP ADA budget Total Budget Funds As- bid costs PIR $ 1,170,000 $ 200,000 $ 67,500 $ 1,437,500 $ 1,253,887 Assessments $ 810,530 $ - $ - $ 810,530 $ 810,530 Water Utility $ 500,000 $ - $ - $ 500,000 $ 576,789 Sanitary Sewer Utility $ 200,000 $ - $ - $ 200,000 $ 149,797 Surface Water Utility $ 500,000 $ - $ - $ 500,000 $ 663,325 RCWD Grants $ 166,000 $ - $ - $ 166,000 $ 166,000 KLID Levy $ 79500 $ - $ - $ 79,500 $ 79,500 Total Project Funding $ 3,426,030 $ 200,000 $ 67,500 $ 3,693,530 $ 3,699,828 Attachments Attachment A: Pay Request No. 4 Page 2 of 2 Attachment A CONTRACTOR'S PAY REQUEST BOLTON DISTRIBUTION: 2026 PMP STREET & UTILITY IMPROVEMENTS T& M E N CONTRACTOR (1) Real Pleople.Real 5oluticm. OWNER (1) ENGINEER (1) CITY OF ARDEN HILLS - BMI PROJECT NO. 25X.137753 TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $3,006,172.10 TOTAL, COMPLETED WORK TO DATE $1,475,050.40 TOTAL, STORED MATERIALS TO DATE $0.00 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $1,475,050.40 RETAINED PERCENTAGE ( 5.0% $73,752.52 TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $1,401,297.88 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $627,565.96 PAY CONTRACTOR AS ESTIMATE NO. 4 $773,731.92 CERTIFICATE FOR PARTIAL PAYMENT hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. 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OOfA 0000 (?A ((D V t O O O G9 O fA bo O O W(A(A(NO b d 0 V N O o( 1 ((o -+ (AO O o Z -�4 -4 m V (n O O O o O 0 O 0 O O C. 0 O 0 O o 0 0 N (T b O O O o d O O o O 0 0 O O Q N W o�0000000-�-�rnoowoA N O 0o V W W N fJ y b <DO(n 0 o d 0 b o o 0 0 00 0 b0Oo o b 0 0 0 00 0 o o O 00 0 0 C 0 O Dro gKK(n(nrrr(n(n(nn0rrrm -u-v-u o O z Z Z O 0 o c C Z z z D m Q m CCC���-1-1a6000-I��m �p K O mQ DD CO) 3_I-Dj A fA �_ 69 fA EA h O 0-K) NAVd�W (A O3m O (n U1 0 000(A Ul V1 (A do (A(A(D N A N 0000 N W UI (O OD (Ao C D O 00000000a V NOO(n-•00 -4m O 0 0 0 0 0 0 0 0 0 0 (Nn 0 0 0 0 0 0 0 Q M I G op ir ZO xz NEW BUSINESS -11A MEMORANDUM DATE: August 10, 2026 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, City Administrator FROM: Jake Reilly, Community Development Director SUBJECT: Resolution 2026-038 Consenting to a Variance from MN Rules Part 4410.3100, Subpart 1 for Maplewood Development to address nuisance activity and allow the Developer to seek a permit to demolish the above ground structures on the Property Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: • Resolution 2026-038 Consenting to a Variance From MN Rules Part 4410.3100, Subpart 1 for Maplewood Development, Inc. to address nuisance activity and allow the Developer to seek a permit to demolish the above ground structures on the Property Background In June, Maplewood Development ("Developer") began a mandatory environmental review process for a potential light industrial park on 62 +/- acres known as the "Primer Tracer" site, a subset of remaining TCAAP land south of County Road I previously owned by the Federal government. This site is contiguous to land owned by the federal government and Ramsey County parks property. This site is northeast of the area defined as Rice Creek Commons and is not affiliated with that development. In 2024, the Federal Government held an auction administered by the General Services Administration, to sell the property "as is." The auction guidelines outlined that the purchaser is responsible for all of the processes associated with the future development of the site (i.e. environmental review, platting, rezoning, comprehensive plan amendment, land use approval, demolition, site remediation, permitting, etc.). Maplewood Development was the high bidder at the end of the auction. The purchase agreement was finalized earlier in 2026, and the applicant has begun the mandatory environmental review process as part of due diligence prior to submitting any land use applications. Page 1 of 4 Pursuant to MN Rules Chapter 44101, which outlines the environmental review process as administered by the Environmental Quality Board (EQB), the City of Arden Hills is the "Responsible Governmental Unit" (RGU) and is therefore responsible for determining whether the process for each step of the environmental review process is adequate. The first step in a mandatory Environmental Impact Statement (EIS) is to develop the scope of the EIS using a Scoping Environmental Assessment Worksheet (EAW) and resulting in a Draft Scoping Decision Document, which outlines all of the elements that will be studied and evaluated and potentially mitigated in the EIS, prior to commencing any construction project. The EAW defines the scope of the environmental review and follows a form and guidance provided by the EQB. The public review process for the EAW began with publication of notice in the EQB Monitor on June 16, 2026, followed by a 30-day public comment period, with a public scoping meeting held on July 8, 2026. The public comment period closed on July 16, 2026, and the consultant teams from both the city and the developer have been working through the dozens of comments to ensure the Draft Scoping Decision Document addresses required elements including relevant local knowledge and concerns provided during the comment period. The entire property owned by the United States is not public property, although it is publicly held. Each time someone unaffiliated with the United States Government enters the property they are trespassing. Similarly, since the purchase of this site by the Developer, each time someone unaffiliated with that organization enters the property they are trespassing. Before and during this environmental review process, there have been multiple reports of illegal gatherings on the property, including a fatal incident over this past 4th of July weekend. The property owner has reported multiple incidents of the lock on the gate being removed; the gate itself being breached, likely by a vehicle being driven at or through it; the fence being cut, and people generally trespassing on the property to use it for recreational activities including taking shelter in structures extant on the property. Last year at least one fire at the site resulted in a necessary response from the Lake Johanna Fire Department and other emergency services personnel to prevent a wildland fire from causing more damage and destruction and to prevent further harm to public and private property. Discussion Based on the above conditions and related situations, the Developer has presented the idea to city staff that undertaking some element of demolition of the above ground structures on the site may reduce the likelihood of further life safety issues resulting from the existence of what has become an attraction for nuisance and illegal activity. MN Rules Part 4410.3100 Prohibition on final governmental decisions states that during an active mandatory environmental review process, including an EAW or EIS, final governmental decisions regarding permit requests or project entitlements may not be made until either (in this https://www.revisor.mn.gov/rules/4410/ z https://www.revisor.mn.gov/rules/4410.3100/ Page 2 of 4 case) an EIS is determined adequate or a variance is granted, or the action is an emergency, to start any action meeting the definition of "construction" as defined in the Rules. As defined in the Rules, "Construction" means any activity that directly alters the environment. It includes preparation of land or fabrication of facilities. It does not include surveying or mapping.3 Demolition of the abandoned structures on the site would likely have the impact of directly altering the existing environment and the activity itself which will involve heavy machinery is more likely than not to temporarily disturb the environment. However, the conditions at the site and the persistence of illegal activity on the site combined with the inability to secure the site sufficiently to prevent illegal activity from continuing is also affecting the environment and the ability of residents, business owners and users of the Ramsey County Park property to the west and County Road I to the north to enjoy the peaceful and reasonable use of their own property. The Developer has stated an interest in applying to the EQB for a variance under the process in Minnesota Rules Part 4410.3100 Subpart 4. Variance, described below: Construction may begin on a project if the proposer applies for and is granted a variance from subparts I and 2. A variance for certain governmental approvals to be granted prior to completion of the environmental review process may also be requested. A variance may be requested at any time after the commencement of the 30-day review period following the filing of an EA or a scoping document, when allowed underpart 4410.2100, subpart 2. The proposer shall submit an application for a variance to the EQB together with: A. a detailed explanation of the construction proposed to be undertaken or the governmental approvals to be granted; B. the anticipated environmental effects of undertaking the proposed construction or granting the governmental approvals; C. the reversibility of the anticipated environmental effects; D. the reasons necessitating the variance; and E. a statement describing how approval would affect subsequent approvals needed for the project and how approval would affect the purpose of environmental review. Attachment B includes the entire language in Minnesota Administrative Rules Part 4410.3100 and describes the process. The EQB may grant a variance as described in Minnesota Rules Part 4410.3100 Subpart 6. To grant a variance request, the RGU, in this case the city of Arden Hills, must consent to the variance application. The variance shall also be granted if the EQB Board determines that the construction is necessary to avoid, a serious threat to public health or safety." The City of Arden Hills believes it would be in the best interest of public health, safety, and welfare to allow the Proposer to seek a permit to demolish the above ground structures on the Property prior to the completion of the EIS so that the structures are neither useable or useful for any type of shelter nor are attractive for gatherings of people who are not authorized to be on the Property. s https://www.revisor.mn.gov/rules/4410.0200/#rule.4410.0200.10 Page 3 of 4 Council Action Staff is requesting that Council consider adopting Resolution 2026-038 (Attachment A) prepared by the City Attorney consenting to this variance application in order to maintain the safety and security of residents and business owners in Arden Hills, abutting municipalities, users of the Ramsey County Parks property and others. The activities acceptable to the city are included in the attached resolution as conditions and are limited to demolishing above ground structures sufficiently to reduce the attractive nature of the nuisance and in such a way as to minimize disturbance of any hazardous materials in, around and under the structures. Budget Impact N/A Attachments Attachment A — Resolution 2026-038 Attachment B — Minnesota Administrative Rules Part 4410.3100 Page 4 of 4 4tesent-F Attachment A 75 Years Qa oQ �b RESOLUTION NO. 2026-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARDEN HILLS CONSENTING TO A VARIANCE FROM MINNESOTA RULES PART 4410.3100, SUBPART 1 FOR MAPLEWOOD DEVELOPMENT, INC. WHEREAS, Maplewood Development, Inc. ("Proposer") proposes a 62-acre, 972,200 square foot warehouse/distribution/office park development ("Project") near the corner of County Road I and Fairview Avenue, on property formerly associated with the Twin Cities Army Ammunition Plant (TCAAP) operations, in Arden Hills, Minnesota ("Property"); and WHEREAS, an Environmental Impact Study (EIS) scoping Environmental Assessment Worksheet (EAW) is required by Minnesota Rules, part 4410.4400, subpart 11 for the Project; and WHEREAS, the City of Arden Hills, Minnesota ("City") is the responsible governmental unit (RGU) for the EIS; and WHEREAS, Minnesota Rules, part 4410.3100, subpart 1 states that if an EIS or EAW is required for a government action, then a project may not be started and a final governmental decision may not be made to grant a permit until: a petition for an EAW is dismissed, a negative declaration on the need for an EIS is issued, an EIS is determined adequate, or a variance is granted under Minnesota Rules, part 4410.3100, subparts 3 to 7; and WHEREAS, under Minnesota Rules, part 4410.3100, subpart 4, a variance for certain governmental approvals to be granted prior to the completion of the environmental review process may be requested at any time to the Minnesota Environmental Quality Board (EQB) by a proposer after the commencement of the 30-day review period following the filing of an EAW or scoping document; and WHEREAS, the 30-day review period for the EIS for the Project commenced on June 16, 2026; and WHEREAS, under Minnesota Rules, part 4410.3100, subpart 6, a variance may not be granted by the EQB without the consent of the RGU; and WHEREAS, the Proposer has requested the City's consent as RGU to apply for a variance from Minnesota Rules, part 4410.3100, subpart 1 because unauthorized persons and trespassers have gained access to vacant buildings on the Property; and Page 1 WHEREAS, on July 5, 2026, there was a fatal accident on the Property, so the City considers the Project to have dangerous conditions that are likely to attract unauthorized people; and WHEREAS, the City has determined that it would be in the best interest of public health, safety, and welfare to allow the Proposer to seek a permit to demolish the above ground structures on the Property prior to the completion of the EIS so that the structures are neither useable or useful for any type of shelter nor are attractive for gatherings of people who are not authorized to be on the Property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arden Hills hereby consents to a variance from Minnesota Rules, part 4410.3100, subpart 1 requested by the Proposer with the following conditions: 1. The Proposer may apply for a demolition permit from the City to demolish or knock down the above ground structures on the Property. 2. The Proposer must provide erosion control required by the City before, during, and after the demolition. 3. The Proposer may remove demolished materials, install a fence to deter unauthorized access to the Property, and fill in subgrade structures. 4. The Proposer must not remove or damage significant trees or wildlife. 5. The Proposer must not perform any site preparation work beyond demolishing the structures, perform subgrade excavation work, bring fill into grade the Property, or any grading. BE IT FURTHER RESOLVED, that the City Council of the City of Arden Hills hereby authorizes the City Administrator to transmit this resolution to the Proposer or the EQB as deemed necessary. ADOPTED this 10th day of August, 2026. 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 Attachment B MINNESOTA RULES 4410.3100 4410.3100 PROHIBITION ON FINAL GOVERNMENTAL DECISIONS. Subpart 1. Prohibitions. If an EAW or EIS is required for a governmental action under parts 4410.0200 to 4410.6500, or if a petition for an EAW is filed under part 4410.1100 that complies with the requirements of subparts 1 and 2 of that part, a project may not be started and a final governmental decision may not be made to grant a permit, approve a project, or begin a project, until: A. a petition for an EAW is dismissed; B. a negative declaration on the need for an EIS is issued; C. an EIS is determined adequate; or D. a variance is granted under subparts 3 to 7 or the action is an emergency under subpart 8. To start or begin a project includes taking any action within the meaning of "construction," as defined in part 4410.0200, subpart 10. Subp. 2. Public projects; prohibitions. If a project subject to review under parts 4410.0200 to 4410.6500 is proposed to be carried out or sponsored by a governmental unit, the governmental unit shall not take any action with respect to the project, including the acquisition of property, if the action will prejudice the ultimate decision on the project, until a petition has been dismissed, a negative declaration has been issued, or until the final EIS has been determined adequate by the RGU or the EQB, unless the project is an emergency under subpart 9 or a variance is granted under subparts 4 to 8. An action prejudices the ultimate decision on a project if it tends to determine subsequent development or to limit alternatives or mitigative measures. Subp. 2a. Concurrent review of draft permits not prohibited. Subpart 1 does not prohibit a governmental unit from issuing notice of and receiving public comments on a draft permit prior to completion of environmental review. Subp. 3. [Repealed, 13 SR 1437] Subp. 4. Variance. Construction may begin on a project if the proposer applies for and is granted a variance from subparts 1 and 2. A variance for certain governmental approvals to be granted prior to completion of the environmental review process may also be requested. A variance may be requested at any time after the commencement of the 30-day review period following the filing of an EAW or a scoping document, when allowed under part 4410.2100, subpart 2. The proposer shall submit an application for a variance to the EQB together with: A. a detailed explanation of the construction proposed to be undertaken or the governmental approvals to be granted; B. the anticipated environmental effects of undertaking the proposed construction or granting the governmental approvals; C. the reversibility of the anticipated environmental effects; Official Publication of the State of Minnesota Revisor of Statutes 4410.3100 MINNESOTA RULES D. the reasons necessitating the variance; and E. a statement describing how approval would affect subsequent approvals needed for the project and how approval would affect the purpose of environmental review. Subp. 5. Variance applications. The EQB chair shall publish a notice of the variance application in the EQB Monitor within 15 days after receipt of the application. The EQB chair shall issue a press release to at least one newspaper of general circulation in the area where the project is proposed. The notice and press release shall summarize the reasons given for the variance application and specify that comments on whether a variance should be granted must be submitted to the EQB within 20 days after the date of publication in the EQB Monitor. Subp. 6. Granting variance. At its first meeting more than ten days after the comment period expires, the EQB shall grant or deny the variance. A variance shall be granted if: A. the RGU consents to a variance; B. on the basis of the variance application and the comments, construction is necessary in order to avoid excessive and unusual economic hardship, or avoid a serious threat to public health or safety. Unusual economic hardship is hardship caused by unique conditions and circumstances which are peculiar to the project and are not characteristic of other similar projects or general economic conditions of the area or state. It does not include hardship caused by the proposer's own action, or inaction, if the hardship was reasonably foreseeable; C. on the basis of the variance application and the comments, the construction for which the variance is sought will not have a serious adverse effect on the environment; and D. on the basis of the variance application and the comments, the construction for which the variance is sought is separable from the remainder of the project and would not have the effect of eliminating from consideration any feasible and prudent alternatives or mitigation measures likely to be presented in an EIS. Subp. 7. Written notice. The EQB shall set forth in writing its reasons for granting or denying each request for a variance. Subp. 8. Construction or government approvals. Only the construction or governmental approvals necessary to avoid the consequences listed in subpart 6 shall be undertaken or granted. Subp. 9. Emergency action. In the rare situation when immediate action by a governmental unit or person is essential to avoid or eliminate an imminent threat to the public health or safety or a serious threat to natural resources, a proposed project may be undertaken without the environmental review which would otherwise be required by parts 4410.0200 to 4410.6500. The governmental unit or person must demonstrate to the EQB chair, either orally or in writing, that immediate action is essential and must receive authorization from the EQB chair to proceed. Authorization to proceed shall be limited to those aspects of the project necessary to control the immediate impacts of the emergency. Other aspects of the project remain subject to review under parts 4410.0200 to 4410.6500. Official Publication of the State of Minnesota Revisor of Statutes 3 MINNESOTA RULES 4410.3100 Statutory Authority: MS s ll 6D. 04; 116D. 045; L 20251 Spl art 6 s 5 History: 11 SR 714; 13 SR 1437, 21 SR 1458; 28 SR 951; 31 SR 539; 34 SR 721; 50 SR 1393 Published Electronically: July 13, 2026 Official Publication of the State of Minnesota Revisor of Statutes