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Home My WebLink AboutCCP 10-13-1992 AGENDA ~ ARDEN HILLS CITY COUNCIL MEETING . COUNCIL CHAMBERS TUESDAY, OCTOBER 13, 1992, 7:30 P.M. 1. CALL TO ORDERIROLL CALL 7:30 P.M. 2. AGENDA ADOPTION 3. APPROVAL OF SEPTEMBER 28 COUNCIL MINUTES 4. CONSENT CALENDAR A. Approve Pay Estimate No.1 for 1992 Keithson Pond Improvement Project. B. Motion to Reject All Bids for Construction of Arden Place Storm Water Utility Following Abandonment of this Project. C. Authorize Davis & Lagerman to Appraise the Harstad and City Hall Properties. D. Approve Res. No. 92-66 Giving Host Approval to the Issuance of Health Care Revenue Bonds, Series 1992 (Group Health Plan, Inc. Project). E. Approve Appointment of Ehlers & Associates as City Financial Consultant. F. Schedule Worksession for October 19, 1992, at 4:30 p.m. to Review Policy and Process for Independent Contract Renewals. G. Approve List of ClaimslPayroll. . 5. PUBLIC COMMENTS 6. UNFINISHED AND NEW BUSINESS A. Planning Commission Recommendations: 1. Case #92-18; Site Plan Amendment, 1300 Red Fox Road, International Paper. 2. Case #92-16; Site Plan Review, 1160 West County Road E, Joe Commers (Owner). B. Request to Purchase City Property (See Information Memorandum dated 10/09/92). C. Adopt False Alarm Appeals Procedure (See Information Memorandum dated 10/09/92). 8. COUNCIL COMMENTS 9. ADJOURN OCTOBER MEETINGS NOVEMBER MEETINGS October 7 - Planning Comm, 7;30 pm November 4 - Planning Comm, 7:30 pm October 12- COLUMBUS DAY - HOLIDAY November 9 - Council Mtg, 7;30 pm October 13- Council Mtg, 7:30 pm November 11- HOLIDAY (VETERANS DAY) October 15- Public Saf/Wks, 7:30 pm November 19- Public Saf!Wks, 7;30 pm . October 22- Finance Comm, 7:30 pm November 24- Parks & Rec, 7:30 pm October 26- Council Mtg, 7:30 pm November ??- Finance Comm, 7:30 pm October 27- Park & Rec Comm, 7:30 pm November 26-27 HOLIDAY-THANKSGVG. November 30- Council Mtg, 7:30 pm TRUTH IN TAXATION HRG COUNCIL MINUTES DATE PAGE SUBJECT: /(1) DISCUSSION: "/; J~ )~.;;- . , (~__ L~' ILk!. . . .. Moved: .YORSATHER) COUNCILMBR: (HICKS) (MALONE) (GROWE) Seconde(l. .(IMYOR SATHER) COUNCILMBR:. {HICKS') (MALONE) (GROWE) THAT COUNC VOTE: AYES: NAYS: Hicks.'. Malone Sather Hicks" Malone Sather Growe Mahowald Growe Mahowald . ABSTAIN: TOTAL: ( - - ) .~: ~ ..... . j Malone Sather Growe Mahowald Ayes Nays Abs. ALSO PRESENT: Clk/Administrator X Attorney X Treasurer -- E~gine~~- , / Dep. C~ Parks Director - Pub. Wks. Superint~~dent ___ Planner COUNCIL MINUTES DATE (~~ SUBJECT: -. - \ 1/~ k- -Iv ~ .~ ~8t I' J I ~ \ -- ~ r:.J- Moved: JlM.YO COUNCILMBR:'\ (HICKS) '. (MALONE) (GROWE) '. . . . (MAHOWALD) I I (MAHOWALD) Seconde~: .(MAYOR COUNCILMBR: I ICKS') , (MALONE) (GRpWE) THAT COUNCIL: ~ ~ . -- VOTE: AYES: : Hicks.'. Malone Sather Hieks'- one Sather Growe Mahowald Growe Mahowald . ABSTAIN: TOTAL: - - ) : :-"j Malone Sather Growe Mahowald ALSO PRESENT: Clk/Administrator Attorney Parks Director Pub. Wks. Supel'int"!\1dent -------- ---- - (J m- , ~--~~4~ - . ~ .. .. . - ~~~ ~ ~ ~/ ....~___~=__c~-:_.. . _.. _..~.~ o '" _..--- '- - ~ I ..., c.- ".-- . 'f-- COUNCIL MINUTES DATE -~ SUBJECT: ....... ~~ / ~~- ~~ --- - S-r: ~- ap~.f ~#VM ~ -~~ ~ -, . - - If .. 1{fJIeer1~ ~ Moved: 'kIMYOR (HICKS) (GROWE) (MAHOWALD) Seconde!i: .(MAYOR (HICKS') (GROWE) (MAHOWALD) THAT COUNCIL: VOTE: AYES. Hicks.'. e Sather G Mahowald . ABSTAIN: - - ) es Nays Abs. ALSO PRESENT: Clk/Administrator orne surer Engineer Parks Director Pub. Wks. Supe1'iIit<jl1dent Planner Dep. Clk COUNCIL MINUTES t DATE PAGE SUBJECT: DISCUSSION: . . -' .- .. Moved: JIMYOR .SATHER) Seconded:(~YOR SA~HER) THAT COUNCIL: ~ VOTE: AYES: Mai2: Hicks.'. Sather Malone Sather Growe Mahowald Growe Mahowald . ABSTAIN: TOTAL: ( - - ) .~: ::... j Malone Sather Growe Mahowald Ayes Nays Abs. ALSO PRESENT: Clk/Administrator Attorney Treasurer Engineer Parks Director Pub. Wks. Superiilt'l'lldent Planner Dep. elk CO""" .,,"''" 4 - "" "" SUBJECT: ~ ~ DISCUSSION: ( L . = Moved: JlMYOR .SATHER) COUNCILMBR: (HICKS') .. (MALONE) (GROWE) . (MAHOWALD) Seconded: .(MAYOR SAJHER) COUNCILMBR:. (HICKS') (MALONE) (GRpWE) (MAHOWALD) THAT COUNCIL: VOTE: AYES: NAYS: .Hicks.... Malone Sather Hieks.", Malone Sather Growe Mahowald Growe Mahowald . AllSTAIN: TOTAL: (_ _) ....". Malone Sather Growe Mahowald Ayes Nays Abs. ALSO PRESENT: Clk/Administrator Attorney Treasurer Engineer Parks Director Pub. Wks. Superint~~dent Planner Dep. Clk COUNCIL MINUTES DATE PAGE SUBJECT: DISCUSSION: . ,:0..:.;.' .. Moved: JlMYORSATHER) COUNCILMBR: (HICKS') ^. (MALONE) GnRb~. . (MAHOWALD) Seconded: . (~YOR SA;rHER) COUNCILMBR:~~~~ . (MALONE) (GROWE) (MAHOWALD) THAT COUNCIL: VOTE: AYES: NAYS: '1iicks.c. Malone Sather Hicks .^ Malone Sather Growe Mahowald Growe Mahowald . ABSTAIN: TOTAL: ( - - ) .:.:.;,...., Malone Sather Growe Mahowald Ayes Nays Abs. ALSO PRESENT: Clk/Administrator Attorney Treasurer Engineer Parks Director Pub. Wks. Supe~'irit~lldent Planner Dep. Clk -- , . CITY OF ARDEN HILLS ~ TO: Mayor and City Council FRCH: Dorothy A. Person, City 1Idmi.ni.strator Dl\TE: October 9, 1992 SUBJECT: City 1Idmi.ni.strator's Information For Council Meeting of 10/13/92 I. ACI'ION NEEDED BY CITY OYUNCIL: A. COnsent Calendar Item No. 4.D. regarding health care revenue J:onds jointly issued by the ERA of City of st. Paul and city of Minneapolis - The City of Arden Hills gives host approval to this sale due to the existence of a Group Health Facility within city limits. The City does not incur financial responsibility . See attached Resolution No. 92-66. . B. Council Agenda Unfinished and New Business Item No. 6.B. regarding Request to Purchase city Property - In 1991/92, a development was begun on private property adjacent to a City lot (northwest corner of BIueberry Lane and Highway 10). 'Ihis developer has approached the City with a request to purchase this lot. His plan is to continue similar use on the adjacent property (to add two tcMnhouse units) . The City council is requested to consider: a) whether to pursue this sale, and b) if so, to authorize a city official to proceed with sale negotiations . The city Attorney has indicated that per statute the City is able to negotiate a land sale. Havever , further review of title, etc is needed prior to any final sale. C. Council Agenda Unfinished and New Business Item No. 6.C. regarding False Alam Appeals Procedure - A citizen has suJ::rnitted an appeal of a $50.00 charge for 4 false alanns. The ordinance states: CHAPI'ER 2.5 AU\RM fNSI'EMS Sec. 2.5-3 Definitions. . "(c) False Alam. ... False alanns do not include alanns caused by clilllatic conditions such as tornadoes, thunderstontlS, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the .~ , , . SUBJECI': INFORMATION ON 10/13/92 COUNCIL AGENDA PAGE 'IWO 10/09/92 (cont'd. ) control of the alarm manufacturer, installer or owner. See. 2.5-5 User fees; notice.... more than three (3) false alarms to the city in a single calendar year shall be charged a user fee of fifty dollars ($50.00) .... See. 2.5-6. Appeals Process. Any alarm user who is required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the city Council within ten (10) days ... which will have authority to make a final determination .... See. 2.5-9. Administrative Rules. The Clerk Administrator may promulgate such rules as may be necessary for the implementation of this chapter and the administration thereof." Other cormnunities I practices: . A survey of su=ounding communities (Sh=eview, New Brighton, and Mounds view) shCMS that each community incorporates an administrative process which identifies facts not available to-the responding Officer. The appeal is originally made to a city official - Police Chief, city Administrator/Assistant Administrator. This level reviews the reasons for the appeal. situations that potentially affect a false alarm include: lightning storms, new systems, pchIer outages, and others. The appellant must suJ:mit documentation of these non-owner controlled CirClllllStances . Following review, the administrative officer may reduce the number of false alarms as documented. This review often shCMS that the false alarms received have been due to these types of non-owner controlled CirClllllStances . 'Iherefore, most often no further appeals have been necessary. In the event of further appeal, it would be appealed to the Administrator, then to the Council. Recommendation: Approve an Administrative Policy: City Council delegates to the city Administrator a technical ~ .~ review of facts in any appeal of false alarm charges. 'Ihe , basis of this technical review will be non-owner controlled I situations. '!he City will receive substantiation of these situations prior to any final decision. 'Ihe Administrator . will have the authority to adjust the number of false alarm notices based on this review. Any continued . t i I i f . . . SUB.JECI' : INFORMATION ON 10/13/92 OOUNCIL AGENDA PAGE THREE 10/09/92 (cont'd) disagreement of the false alar:m charge that continues will re appealed in writing to the city COilllcil. II. UPCX:.MING DATES: A. Homecoming, October 10- Northwestern College has requested the Mayor to re present for a brief pro;rarn at 8:00 p.m. Councilmembers are all invited to attend. B. TWin cities Arn1y Arrnnunition Plant is having an Open House on Saturday, October 10, 1992, from 9:00 a.m. to 3:00 p.m. . DAP Its . , . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING September 28, 1992 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due (""~ 1 1 and notice thereof, Acting Mayer ~;:J...L ..L Mahowald called to order the regular City Counci 1 meeting at. 7:30 p.m. Present: Councilmembers JoAnn Growel Dale Hicks, Thomas Mahowald, Paul Malone. Mayor Sather arrived at 7:54, during "Arden place Assessment Hearing". Also present were: City Attorney, Jerry Filla; City Engineer, Mark Graharn; Clerk Administrator, Dorothy Person; Deputy Clerk, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Mayor Mahowald commented that Mayor Sather ' ~ ~- expected to be a rew minutes tardy; he suggested handling . "Unfinished and New Business" berore "Public Hearingsll for the Mayor's benefit. Council agreed to do so. MOTION: Malone moved, seconded by Growe, t.o adopt the September 28. 1992 agenda items as presented, with the order subject to change. Motion carried unanimously f ~ _ n \ \ ~ ..., J . APPROVAL QF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes or September 14, 1992 Regular Council Meeting as prepared. Motion carried unanimously (4-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Growe to approve the Conser, t Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve Pay Estimate No. 3 - 1992 Tiller Lane Improvements b. Approve Solicitation Request from Greenpeace c. Adopt Resolution to Authorize Certirication of Reduced Assessment Roll to Ramsey County - PIN . #34-30-23-42-0053 d. Approve Payment of $978 per Court Order - podlasek - Pending any Appeal e. Approve Expenditure to Purchase Copier f. Approve List of Claims/Payroll - . l"\rdcn Hills Council ~ September 28, 1992 !'UBkIC COMMENT~ There were no public comments. UNFINISHED AND NEW BUSINESS QQBSIDERATION TO INITIATE ON-SITE_ FALSE ALARM NOTICE Clerk Administrator Person reported that the city of North Oaks requested that Ramsey County Sheriff's Office begin a procedure of placing a notice on site/ in an inconspicuous locationl after responding to a false residential alarm, in an effort to notify the homeowner that a false alarm and emergency response took place, She added that Ramsey County Sheriff's Office has now offered that service, at no additional charge, to the City of Arden Hi 11 s . Councilmember Malone commented that it would be beneficial to the homeowner to be notified of the incident so the resident is aware and can take necessary corrective action. MOTION: Malone moved, seconded by Growe, to direct the Clerk . Administrator to notify Ramsey County Sheriff's Office to immediately institute the on-site false alarm notification procedure in the City of Arden Hills. Motion carried unanimously (4-0). ~RQCESS FOR APPEAL OF FALSE ALARM FINE Clerk Administrator Person explained that the current ordinance allows the City to ~mpose a $50 fine to a resident after their residence has had four false residential alarms. She added that in imposing a fine recently, the resident involved requested an appeal, however, the ordinance does not provide for an appeal process. She stated that there may be times when the false alarm situations are beyond the owner's control (such as a power failure) and perhaps an appeal process could help resol ve that type of situation. Acting Mayor Mahowald asked how best to address this ~ssue. Attorney Filla stated that there can be an informal policy established or the ordinance. can be amended to allow for a specific appeal procedure to be administered either by the Clerk Administrator or the Council. In response to Council question, Deputy Clerk rago stated . chat the City automatically bills a resident after four false alarms, and she is not aware of any previous requests to appeal. . Ard"n Hills Council 3 September 28, 1992 Councilmember Malone stated that the purpose of the fine is to minimize false alarms, but he would not be opposed to developing an appeal process. Councilmember Mahowald asked staff to check with other communities as to how they are handling this situation. MOTION: Malone moved, seconded by Hicks, to direct staff to develop a proposed appeal process for false alarm fines and submit the proposal to the Counci 1 for consideration. Motion carried unanimously (4-0) . PUBLIC HEARINGS 12:J2 ARDEN PLACE STORM SEWER IMPROVEMENT ASSESSMENT HEARING Though Mayor Sather had not yet arrived, Council agreed to begin the Arden Place assessment hearing. Acting Mayor l1ahowald opened the meeting at 7:42 p.m. for the purpose of conducting a public hearing on 1992 Arden Place Storm Sewer Improvement Assessments. Deputy Clerk Iago verified . publication of the notice of heaL'ing in the New Brighton Bulletin on Wednesday, September 16 and 23 and mailing to affected property owners on Wednesday, September 16, 1992. Mahowald provided a brief background on the proposed Arden Place stOL'm sewer improvement and a chronology of events leading up to this assessment hearing. He explained that the amount listed on the noti ce sent to individual residents is a maximum potential assessment, that an actual assessment may be less than the listed amount but not more. Engineer Graham presented a brief overview explaining that a storm sewer improvement is proposed to address drainage that collects in low areas of the McGuire property at 1553 Arden Place and the Noyed property at 3505 Ridgewood Road, He explained that he has investigated several options to direct the drainage away fL'om that low area, and Council, on August 17, 1992 ordered bids for the option which directs runoff through the property owned by the Arden Hills Island Beach Club. Graham added that bids have ~een accepted, but the project has not yet been awarded, and he has forwarded a letter to the Arden Hills Island Beach Club requesting the necessary easement to allow the runoff to cross that property. . Graham explained that his method of determining proposed assessment was to determine the entire area which contributes runoff, then determine the percentage of each individual property that contributes to the water problem, -- --- -.--------- . Arden Hills Council 4 September 28/ 1992 and divide the anticipated cost amongst those properties accordingly. John Halverson, 3517 Ridgewood Road, pointed out that the drawing Graham was using to illustrate did not accurately locate his property. Graham stated that the drawing is not to scale, but simply a crude drawing to be used as a visual tool. Graham stated that according to his calculations, 4% of the Halverson property contributes to the runoff which is ponding and creating the problem. Dale Noyed, 3505 Ridgewood Road, stated that the water problem on his property has existed for years, and years ago a drainage pipe was installed to drain water from his backyard to Lake Johanna. He stated that he believes the City receives easement rights from some property owners to lay the pipe, and is, therefore, obligated to maintain that pipe. He reported that he has asked former Councilmembers and Public Works employees several times to drain that pipe, to no avail, so he has purchased three pumps to remove water from his property. He commented that the City has been negligent in maintaining the pipe, which has worsened the . problem, therefore there should be no assessment to property owners in the area. Mayor sather arrived at this time (7:54 p.m.). Councilmember Malone asked if the City, 1.n fact, received easements and laid the pipe. Engineer Graham stated that the only easement that he 1.S aware of 1.S the sewer line easement, that he does not know who laid the pipe, and that the pipe was apparently laid back in the '60's or '70's when these kinds of drawings were not retained as City records as they are now. Councilmember Mahowald commented that the uncertainty as to who laid the pipe is a compl i ca ting factor that everyone must keep in mind. William Thornton, 3510 Siems Court, stated that he is representing the Halversons (3517 Ridgewood Road), the Lindbergs (3520 Siems Court) , the Mulcahys (3530 Siems Court) , and Thorntons (3510 Siems Court) at those residents' request; he provided booklets to Counci 1 , the contents prepared jointly by these residents. . He asked Graham to state the purpose of the topography map of the area and when it was drawn. Graham stated the a topography map indicates contours and elevations of land, that this map was drawn in 1973. Thornton emphasized that . t.he map does not reflect changes to the topography of the area which have been made since 1973. Thornton stated that the lot behind the McGuire property is . Arden Hills Council 5 September 28, 1992 unbuildable and has been deemed so for years, that the City has confirmed that fact. He added that during development of the area some problems were encountered and contour changes were made so that water would flow to the northwest corner of the property. Thornton stated that there is not a constant water problem, but that the problem only exists as a result of torrential ralns or snow melt. He commented that when an improvement project was first considered, the estimated cost of such as project was around $11,000 and nOW that cost is around $32,000. Graham explained that the $32,000 figure reflects the chosen route for the storm sewer, which is somewhat more expensive than options considered earlier. Thornton submitted written objections to the assessments from the parties he represented and drew attention to court cases highlighted within the presentation booklet which illustrated principles supporting the objections. He explained that the standard required for a "special benefit" assessment is that the value of the property is increased; he stated that the residents he represents and local real . estate agent Evie Dunn all agree that the proposed improvement will not increase the values of the properties proposed to be assessed. He added that the opinion of the City's appraisal, as out! ined in their September 24, 1992 letter, agrees that the "cost does not necessarily relate di rectl y to benefit". Councilmember Malone commented that it may be relevant to know all the facts surrounding the court cases cited rather than to take the information out of context; that knowing all the facts of the cases may be helpful in making a decision On this issue. Thornton stated that a homeowner has the right to have his property drain, that drainage does not constitute "benefit", He added that water flow from his property has not changed in 25-30 year-so He commented t.hat the City has some responsibility and the problem was brought to the City's attent.ion many times. He added that the development of the area was done by a private contractor, so that contractor should also be responsible. , Councilmember Malone pointed out that Thornton has stated that t.he Cit.y is responsible and that t.he developer is responsible; he asked for clarification. Thornton stat.ed . that. his present.ation is a compilation of the positions of all the residents he represents, and although t.hey all agree that their properties will not receive benefit and assessments are not proper, they have differing thoughts as to who is responsible to correct the problem. Thornton --- . Arden Hills Council 5 September 28, 1992 added that the relief options suggested on behalf of those residents he represents are 1) Abandon the project, or 2) Table the matter for further study, or 3) Do not adopt the assessment roll, or 4) Levy the cost of the project against the, two properties who actually benefit by the improvement. Arnold Lindberg, 3520 Siems Court, opposed the route chosen by Council for the storm sewer on the basis of cost and the fact that there lS a large tree on the Lundgren property which will create an obstacle. He suggested choosing another route for the storm sewer which would be less costly and cequire less maintenance, namely redirecting the water across the Noyed property to Ridgewood Road. He said his suggested route would be much more direct, therefore, it would require shorter distance of pipe at less cost. Engineer Graham said that he actually reviewed three route options, but discounted the route' suggested by Lindberg because of a lack of easement along that route and the elevations of that route. Lindberg commented that building permits should not have . been issued for the McGuire lot. Referring to the presentation booklet, he cocrected some errors and omissions, and drew attention to the fact that the area now serving as "ponding" has always been a swamp area. He stated that the existing drainage pipe was probably destroyed by hauling done as part of the development of the area. He commented that the improvement as proposed would only be a "band-aid" and would not address the problem adequately. Warren McGuire, 1553 Arden Place, stated that he does not know who laid the existing drainage pipe, he wants to see the problem corrected, has not determined who should be responsible, and objects to an assessment. He asked what happened when the City attempted to unclog the existing pipe. Graham reported that the City has made several attempts to unclog the existing pipe, but when the City brought in a contractor to make one final attempt to unclog the pipe, one property owner denied access through his propel-ty. Attorney Filla reported that,his research indicates that the existing pipe was not a City project and an easement was never obtained. He asked McGuire for background on his home. McGuire stated that the original buyer pulled out after the home was constructed; that he then purchased the ... home without knowing the previous history and was told by the builder (Wally Bauer) that the existing drainage pipe provides adequate drainage for the home. . Arden Htlls Council ~ September 28, 1992 Attorney Filla asked for background on Evie Dunn, the local real estate agent referred to in the presentation. Several residents responded saying that Ms. Dunn represented the party who applied for the lot split years ago, and she is very involved in real estate in this community, having been involved in many real estate transactions in this neighborhood. Councilmember Malone asked McGuire how the water problem affects his property. McGuire stated that during the two years he has lived in the residence, the buil der and he have pumped 6 - 10 times per year as much as 18" of water. John Lundgren, 3487 Ridgewood Road, submitted his written objection, and stated that he cautioned the original buyer ......1=- the McGuire property that there was a drainage problem ,~ L but they were very enthusiastic at first stating that the builder, Wally Bauer, had assured them that any potential problem could be resolved by replacing some soils and modifying the topography. Lundgren stated that although he 1.S empathetic to other . owners experiencing a water problem, his property has no water problem, therefore will derive no benefit from an improvement project. He expressed concern with the potential disturbance of a mature tree on his property should the project continue with the route chosen by Council. He reiterated that it was not a wise choice to develop the property where the McGuire home is located. Thomas Mulcahy stated he would not derive any benefit from the proposed project; he reit.erated the relief options noted by Thornton. ,John Halverson commented that during construction of his home. the topography was altered, which is not reflected on the t.opography map drawn in 1973. therefore. Graham's calculations relative to his property may not be correct. He added that if his propert.y contributes to the water problem experienced by McGuire and Noyed, there are more properties beyond his that would also contribute. He stated that those residents who witnessed the McGuire home being built saw cracks in the foundation, sump pumps running, settling problems, and the oj:iginal buyer pull out. He placed a large measure of responsibility for the water problem on the builder. He stated that if the improvement project does go forward, he would support the route option . suggested by Lindberg; he preferred Council either table or reject the project until funding alternatives can be found. Esther Dant, 3511 Ridgewood Road, stated she is sympathetic to th," probl ems of her neighbors. but she will not benefi t ------ -------.-.....- --- -- ---- 1992 . Ai.den Hi 11 s Council 8 September 28, from an improvement project, and therefore objects to an assessment. She challenged Council to consider the land and the people involved. McGuire commented that Noyed's flooding problem is worse than his and predates construction of the McGuire home. Councilmember Growe asked if the builder or the owners pump the water. McGuire and Noyed stated that the builder has assisted in pumping the water when needed. The public hearing was closed at 9:17 p.m. Mahowald and l1alone thanked the residents for their patience and cooperation and pleasant exchange this evening. Mahowald asked Noyed if he believes his problem is worse s~nce the building of the McGuire home. Noyed answered yes, ;~lsually. Attorney Filla asked if there is an agreement between Noyed or McGuire and the builder for the pumping of ';..Jater off their properties. McGuire stated that no agreement exists, that the builder has said the existing drainage pipe ~s the City's responsibility. Councilmember Hicks referred to one of the court cases ci ted . by Thornton; he asked counsel ' " it is legal for a property .L~ owner to pump water from one property to another without an easement. Attorney Filla stated that there a set of laws governing drainage amongst private property owners, and a different set of laws governing City management of drainage. Filla added that the water discussed this evening is collecting in an area that ~s not a dedicated pond, however, there may be a prescriptive easement since the situation has existed for such a long time. Filla commented that the cases cited this evening by Thornton may or may not illustrate rules which apply to this instance. Councilmember Growe suggested affected property owners may wish t.o continue attempts to resolve this problem with the developer. She further commented that the calculations indicate not all of the eight property owners proposed for assessment may receive benefit. Councilmember Mahowald agreed and stated that he has been persuaded by arguments presented this evening that there is evidence that the water prob~em existed before the building of the McGuire home. He stated that some of residents would receive benefit from an improvement project. He sympathized with the dilemma experienced by Noyed and McGuire, but stated he is not convinced that the City should be involved . in this matter, that responsibility lies with the developer. Councilmember Malone echoed Growe and Mahowald's comments. He commented that the City originally considered this . . . A.den Hills Council 9 Septembe. 28, 1992 p.oject on the basis that the existing pipe was laid by the City, but now a question exists as to who laid the pipe. He pointed out that no one who spoke this evening, even those whose p.ope.ties would .eceive the benefit of d.y land, have exp.essed acceptance of an assessment. Councilmembe. Hicks stated that he too sympathizes with Noyed and McGui.e, but favo.s abandoning the p.oject. MOTION: G.owe moved, seconded by Malone, to abandon the A.den place Sto.m Sewe. Imp.ovement p.oject. Motion ca.ded unar.imous 1 y (5-0). Attorney Filla reported that tis research indicates that when tL€ City app.oved the lot split in 1982, that action ,",'as taken on the advise of then City Enginee. that the lot was buildable and no drainage problem should be created by development of the new lot. COUNCIL COMMENTS . SCHEDULING WORKSESSION Clerk Administrator Fe.son rerrdnded Council that 2. worksession should be scheduled to discuss the Public Works facility refe.endum; she suggested October 5. MOTION: Malone moved, seconded by Growe, to schedule a wo.ksession for Cctober 5, 1992 at 4:30 p.m. Motion carried unanimously (5-0). ADJOURN MOTION: Mahowald moved, seconded by Malone, to adjou.n the meeting at 9:34 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy Person, . Clerk Administrator NOTICE OF MEETINGS: The next Council worksession will be held octobe. 5, 1992 at 4:30 p.m. to discuss Public Works facil ity referendum. . The next .egula. Council meeting will be held October 13, 1992 at 7:30 p.m. at City Hall, (moved f.om octobe. 12 to 13 due to columbus Day holiday). - ~ ,.,., CITY OF ARDEN HILLS, MINNESOTA RESOLUTION NO. 92-66 . RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE REVENUE BONDS, SERIES 1992 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc. , a Minnesota non-profit corporation ("Group Health"), currently operates facilities located at 3930 Northwoods Drive in the City of Arden Hills (the "Local Facilities"). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the city of Saint Paul, Minnesota, and the City of Minneapolis, Minnesota, jointly issue Health Care Revenue Bonds in the approximate principal amount of $70,000,000 (the "Bonds") to finance or refinance various capital expenditures made by Group Health in approximately 18 cities located through the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. . WHEREAS, a public hearing on the issuance of the Bonds was held by the City of Minneapolis and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, on September 8, 1992, and September 22, 1992, respectively. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the city of Arden Hills, the Housing and Redevelopment Authority of the city of Saint Paul, the City of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills that the city hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. PASSED AND ADOPTED RY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF OCTOBER, 1992. THOMAS R. SATHER, MAYOR ATTEST: . DOROTHY A. PERSON, CLERK ADMINISTRATOR i ; i . !l ,. ".'1~~'~~ ,~!" .' '~f~J~ , , CAROLYN DRUDE Executive Vice President/Director PUBLIC FINANCE EXPERIENCE . Project Manager with Ehlers and Associates, serving governmental untts for over 15 years. . Serves on the Board of Directors of Ehlers and Associates . Major clients include: . Cities . ScIlool districts . Counties . Port authorities . Vocational districts . Special districts: - Housing and redevelopment authorities - economic development authorities - Hospitals - Joint power municipalities - Public utilities . Project manager for various types of general obligations, serial issues, capital appreciation Issues, revenue bonds, current and advance refundings, single family housing bonds, cash flow financings, lease purchase financings, municipal disclosure, bond ratings and credit enhancements and Investments. . Recognized public finance panellst/lecturer to various state associations . . Works with legislators and clients on new and revised legislation . Maintains contact with State Departments which help determine the revenues and expenditures of ~I governmental units . SPECIAL EXPERTISE: . property tax Impact/analysis . public information programS/haarings for building and levy refaranda . debt planning/management . lease-purchase financing . RELATED EXPERIENCE: . Four years as a county administrator - Addressed slgniflCBnt growth Issues - Acted as liaison to the State Iegislatura, govammantal units and the public - Administrator to twanty departments - Instrumental and successful referendum for a jail/law enforcement center - Upgraded county/accounting computer system EDUCATION . Bachelor of Arts; University of Minnesota ACCREDITATION . Certified Independent Public Finance Advisor (CIPFA) . Past president of Minnesota Association of County Administrators . ..... '.'f..' .,-f .'*"i ; <'~~~f PERSONNEL STAFF PROFILE Ehlers and Associates, Inc. currently has twenty staff members, including nine finance professionals, an office/projects manager, supervisory and research analysts, and other support personnel. Ehlers' professional staff has education and experience in law, business, banking, accounting, finance, education, urban planning and public administration, and over 200 years of combined experience In public finance. Ehlers and Associates, Inc. is especially proud of the quality and experience of its support staff. Ehlers' "back office" has a well-deserved reputation for attention to detail and quality of work product. Ehlers and Associates, Inc. is confident that it has the personnel and resources to provide clients with superior service. SERVICE DELIVERY: TEAM APPROACH Ehlers and Associates, Inc. uses a team approach In working with clients. This means that one account executive will have primary responsibility for a client's account, but will be assisted by one or more associate consuttants and research analysts. This approach fixes responsibility and assures continuity of service for the client from the time of the proposal through any follow-up work on a bond issue. Additionally, it allows a better match of Ehlers' staff expertise and experience to the particular needs of Its clients. . PROJECT TEAM Ehlers and Associates, Inc. offers a group of individuals with an exceptional combination of expertise and experience to act as the financial advisory team for the City of Arden Hills. The following section highlights the role of the principal team member responsible for your account with a full resume foliowlng. . Carolyn Drude. Lead Account Executive. Carolyn Drude will be the City of Arden Hills's primary consultant and will coordinate and perform much of the technical work associated with analyzing proposed projects and alternative methods of financing. She has extensive experience working With counties, cities, school districts, utilities and other governmental units on various building projects and referenda. A team of Individuals with appropriate expertise will be selected to provide the City with the best possible service. 2-1 " . ";.'. :. ...);.~< '..~~>. '-"'n,"', . Complex state laws Initiated a property tax refund system which was difficult to ,. explain and demonstrate to taxpayers. Ehlers developed a program that clearly and concisely presented the effect of the new laws and the impact. . A growing suburban community undertook a large number of capital Improvement projects over a short time. The community needed to match revenue collections with outstanding debt service but the enormity of the task seemed insurmountable. Ehlers designed a program which not only enabled the community to easily examine the economic status of several capital improvement proje9ts, but also pointed out where bonds could be called or defeased, saving the community large interest costs. Ehlers' computer capabilities will continue to evolve and expand as we continue to respond to the changing needs of our clients, Other Financial Services -- Ehlers' computer resources and staff expertise in finance, analysis, and budgeting allows us to provide clients a broad range of financial advisory services in addition to the planning and marketing of specific debt issues. Debt Management POrIC)'. Because the financing costs associated with the placement of bond Issues is directly affected by a community's outstanding debt and credit position, effective debt management is an important component of a sound fiscal policy. Ehlers and Associates, Inc. can review existing short and long term debt, applying economic indices and other market standards to evaluate the client's credit position. Ehlers can then advise actions and policy changes to Improve debt management. . Capital Improvements Programming. Sound fiscal management also entails the anticipation of future capital requirements. Ehlers and Associates, Inc, can assist in the development of a multi-year capital improvement program, providing computer-generated projections of project costs and capital requirements for various financing alternatives. With a capital improvement program, all projects can be evaluated in light of future needs, and new debt issues can be structured to accommodate anticipated future debt service requirements. Investment AnaJysis. The investment of idle public funds can be a significant source of revenue. Ehlers' computer capabilities and knowledge of the financial markets will enable us to analyze investment opportunities and develop a program to enhance the interest earned on available public funds. Special Studies. Ehlers has the expertise to undertake special studies of a variety of project or development proposals. A fiscal impact analysis of a proposed annexation program based on a proposed development of a residential subdivision would enable City of Arden Hills officials to be more fully informed regarding the budgetary impact of urban growth. Similarly, a cost-benefit analysis of alternative arrangements for the provision of public services will help City of Arden Hills officials to better evaluate all alternatives proposed for their consideration. Ehlers can undertake financial feasibility studies of utility projects such as hydroelectric, cogeneration and solid waste projects that will assist clients in formulating construction programs that most efficiently meet the needs of the service area. '. :! I )1 11 1-4 rl .~ ------..-- .~ I. ~. ~," ..", <.,~ '.- ...-...... . -"-C,' , . .:-;i1ft~.; Recognltfon In Investment World, Rating Agencies -- The Firm has handled bond issues ~.. varying from $50,000 to $60 million and has the capability of managing financings of any . complexity and of any size. Ehlers has dealt with all the major underwriting firms in New York, Chicago, Milwaukee, Mlnneapolis-St. Paul, Boston, San Francisco and elsewhere and has worked personally with many of their representatives. This enables us to call such firms to receive personal attention when seeking bidding Interest, arranging meetings and other contacts. Ehlers is experienced with the requirements of the major bond insurance firms, AMBAC and MBIA, and can advise clients regarding the cost elfectiveness of such insurance for particular bond issues. Ehlers and Associates, Inc, takes great pride in its ability to fully represent clients to the New York rating agencies -- Moody's Investors Services and Standard & Poor's -- in order to insure the highest possible bond rating for their obligations. Ehlers will supplement the Official Statement with additional information when appropriate and will advise clients as to the need for a rating agency visit and formal presentation. Computer Capab11ltles -- Ehlers maintains its own computers (IBM and Wang), and creates its own specialized software. Our in-house programming ability allows us to modify existing programs and create new software packages specifically tailored to the client's needs. Ehlers' library of computer programs offers a wide range of financial applications. A limited sampling of existing Ehlers' software includes programs with the following capabilities: . . Formulate bond issues to include all relevant cost and income factors . Structure the issue to allow for current debt service and future financing needs . Calculate the true impact of a project on tax rates and on taxes paid by sample property owners . Create cash flow models for tax increment districts . Create cash flow models for utility financings . Analyze and structure bond issues to advance refund existing debt. In addition, Ehlers and Associates, Inc. monitors commercial software development and may on occasion purchase commercial software to supplement our own library. Ehlers' ability to adapt existing software and develop new programs allows us to critically review a much wider array of possible solutions for any given financing problem. Many of Ehlers' clients have saved time and reduced costs by allowing Ehlers' computer resources to explore creative financing approaches, A few examples are: . A large community needed to develop a quick and easy method of listing numerous parceis, other identification numbers, descriptions and appropriate data for a tax increment financing district; Ehlers found the solution. . l 1~ . i~ i ;;:, ~.~ , ~..; , .;.., . ~ f , The sigma symbol, the Firm's logo, is also a mathematical symbol for "the sum of" to signify that when a client employs Ehlers and Associates. Inc. it hires the entire Firm -- the sum of -- not just one person. Ehlers has the staff, the experience and the commitment to quality to help you build a better community through finance. . CONTINUITY OF SERVICE ~ Ehlers and Associates, Inc. is an excellent company of qualified, trained people, dedicated to the service of the public and its governing bodies. Management recognizes that a consulting - firm is, really, its staff and its know-how, and measures have been adopted to assure ~ continuity of service to clients. Financing projects sometimes take months. years, to complete, and continuity of financial - consulting service must be assured, The risks and costs that might well attend any service interruption warrant any extra costs required to provide more qualified, well-rounded consultants who will be available for any contingency. Ehlers and Associates, Inc. has - provided uninterrupted consulting service since 1954; our objective is to continue that record. i In December, 1985, employees of Ehlers and Associates, Inc. assumed ownership of the Firm through the execution of a well-funded employees' stock ownership trust (ESOT). The Board ~ of Directors, whose membership Is comprised of five principals. is responsible for ~ j management decisions. The five principals have been with the company a total of 80 years. ~ This will ensure the client does not risk a major interruption of service in the event of a loss of , personnel. I. , , AREAS OF EXPERTISE . Planning & Marketing of Public Debt -- Ehlers and Associates, Inc. has advised clients on , the structure and placement of financing for a wide variety of capital projects, Including: " '; Airport facilities ~ . - Construction of parking facilities and skyways " Construction of public buildings - Development and redevelopment projects - District heating projects - Expansion & new construction of hospitals, nursing homes, and other medical facilities Highway construction projects - Housing - Power plants School Building Projects - Storm sewers & drainage projects - Street Improvement programs - Water & sanitary sewer systems - Solid waste to energy projects Ehlers and Associates, Inc. has proven experience in the planning, authorization and execution (sale) of all types of debt Instruments, Including general obligation and limited . obligation bonds, revenue bonds, tax increment bonds, industrial revenue bonds, refunding and advance refundlngs, tax and aid anticipation certificates, FmHA financing, grant anticipation bonds, fuel notes, and bond anticipation notes. , I 1-2 Jl. 0 HISTORY '~ Ehlers and Associates, Inc. was established as an independent financial advisory firm In January, 1955, by Robert L. Ehlers, the Firm's Founder. The Firm has assisted hundreds of clients In the planning and marketing of approximately $3.0 billion of bonds for a wide variety of projects in the Upper Midwest region, with clients in Minnesota, Wisconsin, Iowa, Michigan, North Dakota, and South Dakota, Montana and Idaho. INDEPENDENCE Ehlers and Associates, Inc. is a private corporation whose policy has been to always remain independent of any underwriting or investment banking interest in any financial service provided. Ehlers and Associates, Inc. never participates in the underwriting of any bonds and does not furnish consulting or computer services to underwriters. In this way both conflicts of Interest and perceived conflicts of interest are avoided, . All income of Ehlers and Associates, Inc. is derived from providing financial advisory services to clients for explicit fees. PHILOSOPHY OF SERVICE A key word in the vocabulary at Ehlers is "fiduciary" which means "one who is held in . confidence or trust" Ehlers and Associates, Inc. always acts in a fiduciary capacity with clients. Ehlers' clients are public bodies who are responsible and accountable for the allocation of public funds, We are acutely aware of our responsibility to provide clients with ali the information necessary to make the right decision on all projects involving the commitment of public funds. Because Ehlers and Associates, Inc. is an independent financial advisor, with no conflicts of interest, clients can be assured that our recommendations are based solely on a thorough understanding of the community, a careful analysis of project feasibility and a comprehensive evaluation of alternative methods of financing. Starting with the proposal to provide services, clients are fully informed of the total cost of our service and any other expenses that might be associated with a financing project. While the Firm recognizes that It will, from time to time, provide public service at no cost or at less than cost so that potential clients can better determine the Firm's capability, the Firm will not intentionally offer services at reduced fees solely to gain a client with the expectation of "upgrading" fees for subsequent work or of later converting its fiduciary relationship to a more profitable underwriting. To carry out Its fiduciary duties, the Firm seeks supremely qualified representatives and staff people whose experience, personalities, integrity, intelligence and academic training will best serve its clients. Ehlers believes that a production line approach, with many people limited to small tasks, does not lend itself to the best execution of complex public financings. Our account executives are fully and carefully trained in all aspects of the pianning and marketing of public debt '. ; ? 0 1-1 i , - REQUEST FOR PLANNING/COUNCIL ACTION AGENDA SECTION: Case #92-18, Site Plan Amendment, 1300 Red Fox Rd, International Paper. SUBJECT: Installation of above ground storage tank. ZONING CODE REFERENCES WHICH APPLY: STAFF EVALUATIONS REQUIRED: NOTE: This item requires a public hrg X City Engineer for an SUP under the new ordinance because the site is being changed. The public hrg X Planning Consultant has been waived by the Zoning Adm. & Plnr. because the change is not significant, and X Building Inspector the only affected neighbor, Pharmacia Deltec, has agreed to the screening and X city Attorney placement of the tank. No public hearing is required under the present ordinance, X Fire Chief however, a site Plan Review by Planning commission and Council is required. APPROVED FOR AGENDA BY: Catherine J. Iago PLANNING COMMISSION ACTION: MOTION #1: McGraw moved, seconded by Winiecki, to waive the Development Moratorium Ordinance. All voted in favor.' (6-0) . MOTION #2: Winiecki moved, seconded by Erickson, to recommend to Council approval of Case #92-18, site Plan Amendment for installation of above ground storage tank, International Paper, as proposed in the plans, based on the fact the tank is located appropriately and is screened from the only affected neighboring property and subject to the following conditions: 1. Copies of all permits and licenses from other agencies be filed with the city 2. Landscape screening details be reviewed and approved by the Planner F before the building permit is issued. All voted in favor. (6-0) . .'{ , DISCUSSION: The Applicant advised the Commission that the tank will be painted white to match the existing building and lessen its visual impact. i i , I I I .. I 'l . 1 ; ----------------- \ REQUEST FOR PLANNING/COUNCIL ACTION GENDA SECTION: Case #92-16, site Plan Review, 1160 West County Road E, Joe Commers (Owner) SUBJECT: site Plan Review for Building Modifications for a Bank and Retail Facility. ZONING CODE REFERENCES WHICH APPLY: STAFF EVALUATIONS REQUIRED: X city Engineer X Planning Consultant X Building Inspector X city Attorney X Fire Chief APPROVED FOR AGENDA BY: catherine J. Iago PLANNING COMMISSION ACTION: MOTION #1: McGraw moved, seconded by Winiecki, to waive the Development Moratorium Ordinance for Phase II of this application. All voted in favor. (6-0) . MOTION #2: Winiecki moved, seconded by Piotrowski, to recommend to Council approval of Case #92-16, site Plan Review, 1160 West county Road E, Joe Commers (Owner) , the building modifications as proposed and contingent upon the following conditions: 1. The future drive to the adjacent Arden Plaza Shopping Center be shown as part of the site Plan. 2. That signage be approved with the following changes: east facing Mr. Movies sign be removed and the pylon sign be moved 15 feet from the County Road E right-of-way. The 8 standardized directional signs be allowed as shown on the plan. 3. That the access permit from Ramsey county be submitted and filed with the city. 4. The landscaping and lighting portions of the site Plan be approved as submitted. The recommendation for approval is based on the following rationale: 1. The site will be upgraded by the proposed changes, turning a dated site and structure into a renovated, contemporary addition to this business district. 2. No variances are required. 3. The parking/building ratio is improved with the removal of a portion of the building, and will better meet the needs of potential future retail uses. 4. The site is enhanced by the additional curb and gutter, landscaping and lighting. 5. The proposed uses are compatible in terms of business hours related to peak parking and traffic needs. .. .. REQUEST FOR PLANNING/COUNCIL ACTION , PAGE TWO AGENDA SECTION: Case #92-16, site Plan Review, 1160 West County Road E, Joe Commers (owner) SUBJECT: site Plan Review for Building Modifications for a Bank. PLANNING COMMISSION ACTION: All voted in favor. (6-0) . MOTION #3: piotrowski moved, seconded by Winiecki, to deny the request for a sign variance and direct the applicant to remove the Mr. Movies sign on the east facing wall of the building. All voted in favor. (6-0) . .~ f. -~; ------..'.- 16/03/2: 46:20 003 > ",. .-JT . 443f? RAMSEY COUNTY DEPARTMENT OJ" l'UBLIC WORKS Permit No. 3377 North Rice Street #/OO~. Saint Paul, Minnesota 55112 Permit Fee . 484-910~ PERMIT Name of Il[>plicant Q '::\H~'ltt... I AUO~lI\H'\ fiJ,.. Phone 'j $1-- SoS ] I . Address 3~'{o - DR\V E Name of property ownsI' 1--;;, eQMM~'i C "",P";'-/ Address 3S '^'. WM,,,-, ST~(\-"- S~'1C 1.0\ . I ';1_ p~~, I 1".",. S :>10'1 1. Contrll.ctor performing wo~k -p",s~UJ".C> r n"';$Hlu.lJ'r'1,.c,...J Phone "",~ Elf\\' 2. maintaIn: DPublic Street(s) 3. Drivewuy or street will be; OResurtaeed Olleconstructed (widened) p,New Construction 4. Driveway or street wlll be; DTempo~ary f!!'ermanent Date proposed tor construction OL'-o6~ ,l<\ 1..- 5. Building permit acquired: DYes ~o City el\,~~ \..\\'~l Permit No. 6. Number of driveways or entrances to property: ExistIng ---L- Proposed '2.- . 7. Type of proposed en trance sur face: f.8Z$itumlnous DConcrete OOther I I S. Width of proposed cntrance(s); 1$ 'f~ I 9. Location 1\ \,() WH.... t'~T RI>. c E. fc~~N fJ''''-'J (address) (county roM) city) 1 O. Location, if no -address feet of (N, S, E or W) (road or street) Place a stake in the center of the proposed entrance, higher than any surrOUnding vegetation. 0 I, We, the undersigned, herewith accept the terms e.nd condltlQhs of the regulations of the Ramsey County Engineer and agrec to fully comply therewith to the satisfaction of the Ramsey County Department of Public Works. \ ^."PIicantl~Q ~_ . Da ted q"ZI-~1_ SIgnature , ^'*"''t' .,("-1~[ C<;o~u, CO"i>^; REVIEWED BY DATE CULVERT SIZE: to X , Design APnON: Main tenance k~'<-<-/ f-Z$-9~ COMMENTS: Environmental 1z.>;;/9 ?. . It is expressly understood that this permit is conditioned upon replacement or restoration of the COllnty roadway to its original or to II. satiSfactory condition. It Is further understood that this permit is issued sUbject'to the approval ot.local clty,Vlllageor township e.uthorities having joint '. sU'per~lsIOll'Ay'~r, saJ,disy;eet or roac;lway. {> . .......... ..' . . .W~l'!bpyto'~~. ~~'\if~~11f:11li1fi~J~ftA ' " . t;.ooifNTYlf)Jlp'ARTMENT'd~.piJBLibWCl1tKs'.~"i ' . . :>":~~~1ni!;l!'4-ln er . '17$;jff" "=)}' 'c:~,~~~1'I~~",~;;,.,,-;:,ij,:'l{ilif;~;;:},:;;;\~?;;i;%{,;~,c' ,,,.;i;'ill AGENDA ~ ARDEN HILLS CITY COUNCIL MEETING . COUNCIL CHAMBERS TUESDAY, OCTOBER 13, 1992, 7:30 P.M. 1. CALL TO ORDERIROLL CALL 7:30 P.M. 2. AGENDA ADOPTION 3. APPROVAL OF SEPTEMBER 28 COUNCIL MINUTES 4. CONSENT CALENDAR A. Approve Pay Estimate No.1 for 1992 Keithson Pond Improvement Project. B. Motion to Reject All Bids for Construction of Arden Place Storm Water Utility Following Abandonment of this Project. C. Authorize Davis & Lagerman to Appraise the Harstad and City Hall Properties. D. Approve Res. No. 92-66 Giving Host Approval to the Issuance of Health Care Revenue Bonds, Series 1992 (Group Health Plan, Inc. Project). E. Approve Appointment of Ehlers & Associates as City Financial Consultant. F. Schedule Worksession for October 19, 1992, at 4:30 p.m. to Review Policy and Process for Independent Contract Renewals. G. Approve List of Claims/Payroll. . 5. PUBLIC COMMENTS 6. UNFINISHED AND NEW BUSINESS A. Planning Commission Recommendations: 1. Case #92-18; Site Plan Amendment, 1300 Red Fox Road, International Paper. 2. Case #92-16; Site Plan Review, 1160 West County Road E, Joe Commers (Owner). B. Request to Purchase City Property (See Information Memorandum dated 10/09192). C. Adopt False Alarm Appeals Procedure (See Information Memorandum dated 10/09/92). 8. COUNCIL COMMENTS 9. ADJOURN OcrOBER MEETINGS NOVEMBER MEETINGS October 7 - Planning Comm, 7:30 pm November 4 - Planning Comm, 7:30 pm October 12- COLUMBUS DAY - HOLIDAY November 9 - Council Mtg, 7:30 pm October 13- Council Mtg, 7:30 pm November 11- HOLIDAY (VETERANS DAY) . October 15- Public Saf/Wks, 7:30 pm November 19- Public Saf/Wks, 7:30 pm October 22- Finance Comm, 7:30 pm November 24- Parks & Rec, 7:30 pm October 26- Council Mtg, 7:30 pm November ??- Finance Comm, 7:30 pm October 27- Park & Rec Comm, 7:30 pm November 26-27 HOLIDAY-THANKSGVG. November 30- Council Mtg, 7:30 pm TRUTII IN TAXATION HRG .... . CITY OF ARDEN HILLS M:EHlRANOOM TO: Mayor and City Council FRl:H: oorothy A. Person, city 1\dmini.strator mTE: october 9, 1992 SUBJECr : city 1\dmini.strator's Information FOr Council Meeting of 10/13/92 r. ACI'ION NEEDED BY CITY COUNCIL: A. Consent Calerrlar Item No. 4.D. regarding health care revenue bonds jointly issued by the BRA of City of st. Paul and city of ~eapolis - '!he city of Arden Hills gives host approval to this sale due to the existence of a Group Health Facility within City lllnits. '!he City does not incur financial responsibility . See attached Resolution No. 92-66. . B. Council Agenda Unfinished and New Business Item No. 6.B. regarding Request to Purchase City Property - In 1991/92, a development was begun on private property adjacent to a City lot (northwest corner of Brueberry Lane and Highway 10). This developer has approached the City with a request to purchase this lot. His plan is to continue sllnilar use on the adjacent property (to add two tcMnhouse units) . 'Ibe City council is requested to consider: a) whether to pursue this sale, and b) if so, to authorize a city official to proceed with sale negotiations . 'Ibe city Attorney has indicated that per statute the city is able to negotiate a land sale. However , further review of title, etc is needed prior to any final sale. C. Council Agenda Unfinished and New Business Item No. 6.C. regarding False Alam Appeals Proce:iure - A citizen has sul::1nitted an appeal of a $50.00 charge 1 for 4 false alarms. '!he ordinance states: 1 1 CHAPI'ER 2.5 AIlIRM SYSTEMS i I sec. 2.5-3 Definitions. I "(c) False Alam. ... False alarms do not include ! l . alarms caused. by climatic conditions such as tornadoes, ~ . thunderstoms, tttility line mishaps, violent conditions of . nature or any other conditions which are clearly beyond the ! - v . Sl:JBJB:T: INFORMATION ON 10/13/92 <X>UNCIL AGENDA PAGE 'IWJ 10/09/92 (=nt'd.) =ntrol of the alarm manufacturer, installer or owner. Sec. 2.5-5 User fees; notice.... more than three (3) false alanns to the city in a single calendar year shall be charged a user fee of fifty dollars ($50.00) .... Sec. 2.5-6. Appeals Process. Any alarm user who is required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the city Council within ten (10) days... which will have authority to make a final detennination .... Sec. 2.5-9. Administrative Rules. The Clerk Administrator may promulgate such rules as may be nE"''?'''=ry f= the inplementation of this chapter and the administration thereof. II Other cornrm.mities' practices: . A survey of surrounding cornrm.mities (Shoreview, New Brighton, and Mounds view) shows that each community in=rporates an administrative process which identifies facts not available to. the responding Officer. The appeal is =iginally made to a city official - Police Chief, city Administrat= /Assistant Administrator. This level reviews the reasons for the appeal. situations that potentially affect a false alarm include: lightning stonns, new systems, power outages, and others. The appellant It1USt suhnit documentation of these non-owner =ntrolled circumstances . Following review, the administrative officer may reduce the number of false alanns as documented. This review often shows that the false alanns received have been due to these types of non-owner =ntrolled circumstances . Therefore, most often no further appeals have been n€'CE'''sary. In the event of further appeal, it would be appealed to the Administrator, then to the Council. Recommendation: Approve an Administrative Policy: .. City Council delegates to the city Administrat= a teclmical ! review of facts in any appeal of false alarm charges. The $ basis of this teclmical review will be non-owner =ntrolled i situations. The city will receive substantiation of these I situations prior to any final decision. The Administrator . will have the authority to adjust the number of false alarm notices based on this review. Any =ntinued ! ~ . . . . 1 ~ ..C . . SUBJECI': INFORMATION ON 10/13/92 cnIDICIL AGlliDA PAGE THREE 10109/92 (cont'd) disagreement of the false alann charge that continues will be appealed in writing to the city Council. II. lJPCl':MrnG DATES: A. Home=ning, October 10- Northwestern College has requested the Mayor to be present for a brief program at 8:00 p.m. Councilmembers are all invited to attend. B. '!Win cities Anny Ammunition Plant is having an Open House on Saturday, October 10, 1992, from 9:00 a.m. to 3:00 p.m. . , DAP Its i . I . . t t I i j , ! . 1, . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING September 28, 1992 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call 3!ld noti ce thereof, Acting Mayor Mahowald called to order the regular City Council meetlng at. 7:30 p.m. Present: Councilmembers JoAnn Growe, Dale :ricks, Thomas Mahowald, Paul Malone. Mayor sather arrived at ., . I:: II i....)..., during IlArden Place Assessment Hearing". Also present were: City Attorney, Jerry Filla; City Engineer, Mark Graham; Clerk Administrator, Dorothy Person; Deputy Clerk, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Mayor Mahowald commented that Mayor Sather lS expected to be a few minutes tardy; he suggested handling . "Unfinished and New Business" before "Public Hearings" for the Mayor's benefit. council agreed to do so. MOTION: Malone moved, seconded by Growe, to adopt the September 28, 1992 agenda items as presented, with the order subject to change. Motion carried unanimou?ly (4 "0) . APPROVAL OF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes of September 14, 1992 Regular Council Meeting as prepared. Motion carried unanimously (4-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Growe to approve the Conser;,t Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve Pay Estimate No. 3 - 1992 Till er Lane Improvements b. Approve solicitation Request from Greenpeace c. Adopt Resolution to Authorize certification of Reduced Assessment Roll to Ramsey County - PIN . #34-30-23-42-0053 d. Approve Payment of $978 per Court Order - Podlasek - Pending any Appeal e. Approve Expenditure to Purchase Copier f. Approve List of Claims/Payroll ----------- . . ,~,rdcn Hills Council 2 September 28, 1992 J>UBLIC G..Ql1l1.ENTS There Here no public comrnents. UNFINISHED AND NEW BUSINESS CONSIDERATION TO INITIATE ON-SITE FALSE ALARM NOTICE clerk Administrator Person reported that the City of North Oaks requested that Ramsey county Sheriff's Office begin a pl'ocedure of placing a notice on site, in an inconspicuous location, after responding to a false residential alarm, in an eff ort to notify the homeowner that a false alarm and emergency response took place. She added that Ramsey County Sheriff's Office has now offered that ser-vice, at no additional charge, to the City of Arden Hills. Councilmember Malone commented that it would be beneficial to the homeowner to be notified of the incident so the resident is aware and can take necessary corrective action. MOTION: Malone moved, seconded by Growe, to direct the clerk . Administrator to notify Ramsey County Sheriff's Office to immediately institute the on-site false alarm notification procedure in the City of Arden Hill s. Motion carried unanimously (4-0). PROCES~LXPR APPEAL OF FALSE ALARM FINE Clerk Administrator Person explained that the current ordinance allows the City to impose a $50 fine to a resident after their residence has had four false residential alarms. She added that in imposing a fine recently, the resident involved requested an appeal, however. the ordinance does not provide for an appeal process. She stated that there may be times when the false alarm situations are beyond the owner's control (such as a power failure) and perhaps an appeal process could help resolve that type of situation. Acting Mayor Mahowald asked how best to address this issue. Attorney Filla stated that there can be an informal policy established or the ordinance. can be amended to allow for a specific appeal procedure to be administered either by the Clerk Administrator or the Council. In response to Council question, Deputy Clerk Iago stated . that the City automatically bills a resident after four false alarms, and she is not aware of any previous requests to appeal. . Arden Hills Council 3 September 28, 1992 Councilmember Malone stated that the purpose of the fine is to minimize false alarms, but he would not be opposed to developing an appeal process. Councilmember Mahowald asked staff to check with other communities as to how they are handling this situation. MOTION: Malone moved, seconded by Hicks, to direct staff to develop a proposed appeal process for false alarm fines and submit the proposal to t.he Council for consideration. Motion carried unanimously (4-0). PUBLIC HEARINGS _L9_ 92 ARDEN PLACE STORM SEWER IMPROVEMENT ASSESSMENT HEARING Though Mayor Sather had not yet arrived, Council agreed to begin the Arden Place assessment hearing. Acting Mayor Mahowald opened the meeting at 7:42 p.m. for the purpose of conducting a public hearing on 1992 Arden Place Storm Sewer Improvement Assessments. Deputy Clerk Iago verified . publication of the notice of hearing in the New Brighton Bulletin on Wednesday, September 16 and 23 and mailing to affected property owners on Wednesday, September 16, 1992. Mahowald provided a brief background on the proposed Arden Place storm sewer improvement and a chronology of events leading up to this assessment hearing. He explained that the amount listed on the notice sent to individual residents is a maximum potential assessment, that an actual assessment may be less than the listed amount but not more. Engineer Graham presented a brief overview explaining that a storm sewer improvement is proposed to address drainage that collects in low areas of the McGuire property at 1553 Arden Place and the Noyed property at 3505 Ridgewood Road. He explained that he has investigated several options to direct the drainage away from that low area, and Council, on August 17, 1992 ordered bids for the option which directs runoff through the property owned by the Arden Hills Island Beach Club. Graham added that bids have been accepted, but the project has not yet been awarded, and he has forwarded a letter to the Arden Hills Island Beach club requesting the necessary easement to allow the runoff to cross that property. . Graham explained that his method of determining proposed assessment was to determine the entire area which contributes runoff, then determine the percentage of each individual property that contributes to the water problem, ------ . Arden Hills Council 4 September 28, 1992 and divide the anticipated cost amongst those properties accordingly. John Halverson, 3517 Ridgewood Road, pointed out that the drawing Graham was using to illustrate did not accurately locate his property. Graham stated that the drawing is not to scale, but simply a crude drawing to be used as a visual tool. Graham stated that according to his calculations, 4% of the Halverson property contributes to the runoff which is ponding and creating the problem. Dale Noyed, 3505 Ridgewood Road, stated that the water problem on his property has existed for years, and years ago a drainage pipe was installed to drain water from his backyard to Lake Johanna. He stated that he believes the City receives easement rights from some property owners to lay the pipe, and ~S, therefore, obligated to maintain that pipe. He reported that he has asked former Councilmembers and Public Works employees several times to drain that pipe, to no avail, so he has purchased three pumps to remove water from his property. He commented that the City has been negligent in maintaining the plpe, which has worsened the . problem, therefore there should be no assessment to property owners in the area. Mayor Sather arrived at this time (7:54 p.m.). Councilmember Malone asked if the City, in fact, received easements and laid the pipe. Engineer Graham stated that the only easement that he is aware of lS the sewer line easement, that he does not know who 1 aid the pipe, and that the pipe was apparently laid back in the '60's Or '70's when these kinds of drawings were not retained as City records as they are now. Councilmember Mahowald commented that the uncertainty as to who laid the pipe is a complicating factor that everyone must keep in mind. William Thornton, 3510 Siems Court, stated that he is representing the Halversons ( 3517 Ridgewood Road), the Lindbergs (3520 Siems Court) f the Mu1cahys (3530 Siems Court), and Thorntons (3510 Siems Court) at those residents' request; he provided booklets to Council, the contents prepared jointly by these residents. He asked Graham to state the purpose of the topography map of the area and when it was drawn. Graham stated the a topography map indicates contours and elevations of land, that this map was drawn in 1973. Thornton emphasized that . the map does not reflect changes to the topography of the area which have been made since 1973. Thornton stated that the lot behind the McGuire property is ------ . Arden Hills Council 5 September 28, 1992 unbuildable and has been deemed so for years, that the City has confirmed that fact. He added that during development of the area some problems were encountered and contour changes were made so that water would f1 ow to the northwest cornet of the property. Thornton stated that there is not a constant water problem, but that the problem only exists as a result of torrential t-alns or snow melt. He commented that when an improvement project was first considered, the estimated cost of such as project was around $11,000 and now that cost lS around $32,000. Graham explained that the $32,000 figure reflects the chosen route for the storm sewer, which is somewhat more expensive than options considered earlier. Thornton submitted written objections to the assessments from the parties he represented and drew attention to court cases highlighted within the presentation booklet which illustrated principles supporting the objections. He explained that the standard required for a "special benefit" assessment is that the value of the property is increased; he stated that the residents he represents and local real . estate agent Evie Dunn all agree that the proposed improvement will not lncrease the values of the properties proposed to be assessed. He added that the opinion of the City's appraisal, as outlined in their September 24, 1992 letter, agrees that the "cost does not necessarily relate di rectl y to benefit". Councilmember Malone commented t.hat it may be relevant to know all the facts surrounding the court cases cited rather than to take the information out of context; that knowing all the facts of the cases may be helpful in making a decision on this issue. Thornton stated that a homeowner has the right to have his property drain, that drainage does not constitute "benefit". He added that water flow from his property has not changed in 25-30 years. He commented that the City has some responsibility and the problem was brought to the City's attention many times. He added that the development of the area was done by a private contractor, so that contractor should also be responsible. , Councilmember Malone pointed out that Thornton has stated that the City is responsible and t.hat. the developer is responsible; he asked for clarification. Thornton stated . that his presentation is a compilation of the positions of all the residents he represents, and although they all agree t.hat. t.heir properties wi 11 not receive benefit and assessments are not proper, they have differing thoughts as to who is responsible to correct the problem. Thornton .- ------------- - September 28, 1992 . Arden Hills Council 6 added that the relief options suggested on behalf of those residents he represents are 1) Abandon the project, or 2 ) Table the matter for further study, Or 3) Do not adopt the assessment roll, or 4) Levy the cost of the project against the t.wo properties who actually benefit by the improvement. Arnold Lindberg, 3520 Siems Court, opposed the route chosen by Council for the storm sewer on the basis of cost and the fact that there is a large tree on the Lundgren property which will create an obstacl e. He suggested choosing another route for the storm sewer which would be less costly and require less maintenance, namely redirecting the water across the Noyed property to Ridgewood Road. He said his suggested route would be much mOre direct, therefore, it would require shorter distance of pipe at 1 ess cost. Engineer Graham said that he actually reviewed three route options, but discounted the route suggested by Lindberg because of a lack of easement along that route and the elevati.ons of that route. Lindberg commented that building permits should not have been issued for the McGuire 1 at. . Referring to the . presentation booklet, he corrected some errors and omissions, and drew attention to t.he fact that. the area now serving as uponding" has always been a swamp area. He stated that the existing drainage pipe was probably destroyed by hauling done as part of the development of the area. He commented that the improvement as proposed would only be a "band-aid" and would not address the problem adequately. Warren McGuire. 1553 Arden Place, stated that he does not know who laid the existing drainage pipe, he wants to see the problem corrected, has not determined who should be responsible, and objects t.o an assessment. He asked what happened when the City attempted to unclog the exist.ing pipe. Graham report.ed that the City has made several attempts to unclog the existing pipe, but when the City brought in a cont.ractor to make one final attempt to uncl og the pipe, one property owner denied access through his property. Attorney Filla reported that,his research indicates that the exist.ing pipe was not a City project and an easement was never obtained. He asked McGuire for background on his home. McGuire st.ated that the original buyer pulled out after the home was const.ructed; that he then purchased the . home without knowing the previous history "nd was told by the builder (Wally Bauer) that the existing drainage pipe provides adequate drainage for the home. . P.~rden Hi 11 s Counci 1 7 September 28, 1992 Attorney Filla asked for background on Evie Dunn, the local real ~state agent refetTed to in the presentation. Several residents responded saying that Ms. Dunn represented the party who applied for the lot split years ago, and she is very involved in real estate In this community, having been involved in many real estate transactions in this neighborhood. Councilmember Malone asked McGuire how the water problem affects his property. McGuire stated that during the two years he has lived in the residence, the builder and he have pumped 6 - 10 times per year as much as 18" of water. John Lundgren, 3487 Ridgewood Road, submitted his written objection, and stated that he cautioned the original buyer of the McGuire property that there was a drainage problem but they were very enthusiastic at first stating that the builder, Wally Bauer, had assured them that any potential problem could be resolved by replacing some soils and modifying the topography. Lundgren stated that although he lS empathetic to other . owners experiencing a water problem, his property has no water problem, therefore will derive no benefit from an improvement project. He expressed concern with the potential disturbance of a mature tree on his property should the project continue with the route chosen by Council. He reiterated that it Has not a wise choice to develop the property where the McGuire home is located. Thomas Mulcahy stated he would not derive any benefit from the proposed project; he reiterated the relief options noted by Thornton. John Halverson commented that during const.ruction of his home, the topography was altered, which is not reflect.ed on the topography map drawn in 1973, therefore, Graham's calculations relative to his property may not be correct. He added that if his property contributes to the water problem experienced by McGuire and Noyed, there are mOre properties beyond his that would also contribute. He stated that those resident.s who witnessed the McGuire home being built saw cracks in the foundation, sump pumps running, settling problems, and the oJiginal buyer pull out. He placed a large measure of responsibility for the water problem on the builder. He stated that if the improvement project does go forward, he would support the route option . suggested by Lindberg; he preferred Council either table or reject the project un ti 1 funding alternat.ives can be found. Esther Dant, 3511 Ridgewood Road, stated she is sympathetic to the problems of her neighbors, but she will not benefi t l\rden Hi] 1" Council 8 September 28 f 1992 . from an improvement project, and therefore objects to an assessment. She challenged Council to consider the land and the people involved. McGuire comment.ed that Noyed's flooding problem is '..Iorse than his and predates construction of the McGuire home. Councilmember Growe asked if the builder or the owners pump the water. McGuire and Noyed st.ated that the builder has assisted in pumping the water when needed. The public hearing was closed at 9: 17 p.m. Mahowald and Malone thanked the residents for their patience and cooperation and pleasant exchange this evening. Mahowald asked Noyed if he believes his problem is worse since the building of the McGuire home. Noyed answered yes, usually. Attorney Filla asked if there is an agreement between Noyed Or McGuire and the builder for the pumping of ,>later off their properties. McGuire stated that no agreement exists, that. the builder has said the existing drainage pipe is the City's responsibility. Councilmember Hicks referred to one of the court cases cited . by Thornt.on; he asked counsel '~ it lS 1 eg a 1 for a property ] L owner to pump wat.er from one property to another without. an easement. Attorney Filla stated that there a set of laws governing drainage amongst private property owners, and a different set of laws governing ci tJl management of drainage. Filla added that the water discussed this evening is collecting in an area that is not a dedicated pond, however, there may be a prescriptive easement since the situation has existed for such a long time. Filla commented that the cases cited this evening by Thornton may Or may not illustrate rules which apply to this instance. Councilmember Growe suggested affected property ownerS may wish to continue attempt.s to resolve this problem with the developer. She further commented that the calculations indicate not all of the eight property owners proposed for assessment may receive benefit. Counci1member Mahowald agreed and stated that he has been persuaded by argument.s presented this evening that there is evidence that the water probJem existed before the building of the McGuire home. He stated that some of residents would receive benefit from an improvement project. He sympathized with the dilemma experienced by Noyed and McGuire, but stated he is not convinced that the City should be involved . in this matter, that responsibility lies with the developer. Councilmember Malone echoed Growe and Mahowald's comments. He commented that the City origi.nally considered this . Arden Hills Council 9 September 28, 1992 project on the basis that the existing pipe was laid by the City, but now a question exists as to who laid the pipe. He pointed out that. no one who spoke this evening, even those whose properties would receive the benefit of dry land, have expressed acceptance of an assessment. councilmember Hicks stated that he too sympathizes with Noyed and McGuire, but favors abandoning the project. MOTION: Growe moved, seconded by Malone, to abandon the Arden place Storm Sewer Improvement Project. Motion carried unanimously (5-0). Attorney Filla reported that his research indicates that when the City approved the lot split in lS82, that actiO!,; was taken on the advise of t.hen City Engineer that the lot was buildable and no drainage problem should be created by development of the new lot. COUNCIL COMMENTS . SCHEDULING WORKSESSION Clerk Administrator Person reminded Council that a worksession should be scheduled to discuss the Public Works faci 1 i t.J' refer2nduIL1; she suggest.ed October 5. MOTION: Malone moved, seconded by Growe, to schedule a worksession for october 5, 1992 -> 4:30 p.m. Motion "c carried unanimously (5-0). ADJOURN MOTION: Mahowald moved, seconded by Malone, to adjourn the meeting at 9:34 p.m. Motion carried unanimously (5-0). Thomas R. sather, Mayor Dorothy Person, Clerk Administrator NOTICE OF MEETINGS: The next Counci 1 worksession will be held October 5, 1992 at 4:30 p.m. to discuss Public Works facility referendum. . The next regular Council meeting will be held october 13, 1992 at 7:30 p.m. at City Hall, (moved from October 12 to 13 due t.o Columbus Day holiday). ..... :...., '-'-J CITY OF ARDEN HILLS, MINNESOTA RESOLUTION NO. 92-66 RESOLUTION GIVING HOST APPROVAL . TO THE ISSUANCE OF HEALTH CARE REVENUE BONDS, SERIES 1992 (GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc. , a Minnesota non-profit corporation ("Group Health"), currently operates facilities located at 3930 Northwoods Drive in the city of Arden Hills (the "Local Facilities"). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, and the City of Minneapolis, Minnesota, jointly issue Health Care Revenue Bonds in the approximate principal amount of $70,000,000 (the "Bonds") to finance or refinance various capital expenditures made by Group Health in approximately 18 cities located through the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds was . held by the City of Minneapolis and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, on September 8, 1992, and September 22, 1992, respectively. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Arden Hills, the Housing and Redevelopment Authority of the city of Saint Paul, the city of Minneapolis or any other political subdivision but will be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 13th DAY OF OCTOBER, 1992. THOMAS R. SATHER, MAYOR ATTEST: . DOROTHY A. PERSON, CLERK ADMINISTRATOR - CAROLYN DRUDE ! Executive Vice President/Director . . PUBLIC FINANCE EXPERIENCE . Project Manager with Ehlers and Associates, serving governmental units for over 15 years. . Serves on the Board of Directors of Ehlers and Associates ; , . Major clients include: . Cities . School districts . Counties . Port authorities . . Vocational districts . Special districts: - Housing and redevelopment authorities - economic development authorities . - Hospitals - Joint power municipalities - Public utilities . Project manager for various types of general obligations. serlal issues, capital appreciation Issues I revenue bonds, current and advance refundings, single family housing bonds. cash flow tinanclngs, lease purchase financings, municipal disclosure, bond ratings and credit enhancements and investments. . Recognized public finance panelisf/Jecturer to various state associations . . Works with legislators and clients on new and revised legislation . Maintains contact with State Departments which help determine the revenues and expenditures of local governmental units . SPECIAL EXPERTISE: . property tax ImpaeVanalysis . public Information programs/hearings for building and levy referenda . debt planning/management . LeasB~purchase financing . RELATED EXPERIENCE: . Four years as a county administrator - Addressed signifICant growth Issues - Acted as liaison to the State legislature, governmental units and the public - Administrator to twenty departments - Instrumental and successful referendum for a jail/law enforcement center - Upgraded county/accounting computer system EDUCATION . Bachelor of Arts: University of Minnesota ACCREDITATION . Certified Independent Public Rnanee Advisor (CIPFA) . Past president of Minnesota Association of County Administrators ~ .". /. 3. ,,/. . ....... ". "',- fJ;- ,~- - ~ "n , ....~ . -,:-~'~,.-; ~...---_. ~ ?~\r;.r.: -".' j . PERSONNEL STAFF PROFILE Ehlers and Associates, Inc. currently has twenty staff members, including nine finance professionals, an office/projects manager, supervisory and research analysts, and other supkort personnel. Ehlers' professional staff has education and experience in law, business, ban lng, accounting, finance, education, urban planning and public administration, and over 200 years of combined experience in public finance. Ehlers and Associates, Inc. is especially proud of the quality and experience of its support staff. Ehlers' "back office" has a well-deserved reputation for attention to detail and quality of work product. Ehlers and Associates, Inc. is confident that it has the personnel and resources to provide clients with superior service. SERVICE DELIVERY: TEAM APPROACH Ehlers and Associates, Inc. uses a team approach in working with clients. This means that one account executive will have primary responsibility for a client's account, but will be assisted by one or more associate consultants and research analysts. This approach fixes responsibility and assures continuity of service for the client from the time of the pro~osal through any follow-up work on a bond issue. Additionally, it allows a better match of E lers' staff expertise and experience to the particular needs of its clients. . PROJECT TEAM Ehlers and Associates, Inc. offers a grou~ of individuals with an exceptional combination of expertise and experience to act as the nancial advisory team for the City of Arden Hills. The following section highlights the role of the principal team member responsible for your account with a full resume following. Carolyn Drude. Lead Account Executive. Carolyn Drude will be the City of Arden Hills's primary consultant and will coordinate and perform much of the technical work associated with analyzing proposed projects and alternative methods of financing. She has extensive experience working With counties, cities, school districts, utilities and other governmental units on various building projects and referenda. A team of individuals with appropriate expertise will be selected to provide the City with the best possible service. 2-1 .. , .' ~- , :' _~',~~::L-,' J '." :f ;~g' ~':'j(_V; . Complex state laws Initiated a property tax refund system whloh was diffioult to . explain and demonstrate to taxpayers. Ehlers developed a program that clearly and conoisely presented the effeot of the new iaws and the impaot. . A growing suburban oommunity undertook a large number of oapital Improvement projeots over a short time. The oommunity needed to matoh revenue oolleotlons with outstanding debt service but the enormity of the task seemed insurmountable. Ehlers designed a program which not only enabled the community to easily examine the economic status of several capital improvement projects, but also pointed out where bonds could be called or defeased, saving the community large interest costs. Ehlers' computer capabilities will continue to evolve and expand as we continue to respond to the changing needs of our clients. Other Financial Services -- Ehlers' computer resources and staff expertise in finance, analysis, and budgeting allows us to provide clients a broad range of financial advisory services in addition to the planning and marketing of specific debt issues. Debt Management Partcy. Because the financing costs associated with the placement of bond issues Is directly affected by a community's outstanding debt and credit position, effective debt management is an important component of a sound fiscal policy. Ehlers and Associates, Inc. can review existing short and long term debt, applying economic Indices and other market standards to evaluate the client's credit position. Ehlers can then advise actions and policy changes to improve debt management. Capital Improvements Programming. Sound fiscal management also entails the . anticipation of future capital requirements. Ehlers and Associates, Inc. can assist in the development of a multi-year capital improvement program, providing computer-generated projections of project costs and capitai requirements for various financing alternatives. With a capital improvement program, all projects can be evaluated in light of future needs, and new debt issues can be structured to accommodate anticipated future debt service requirements. Investment Analysis. The investment of idle public funds can be a significant source of revenue. Ehlers' computer capabilities and knowledge of the financial markets will enable us to analyze investment opportunities and develop a program to enhance the interest earned on avallabie public funds. Special Studies. Ehlers has the expertise to undertake special studies of a variety of project or development proposals. A fiscal impact analysis of a proposed annexation program based on a proposed development of a residential subdivision would enable City of Arden Hills officials to be more fully informed regarding the budgetary impact of urban growth. Similarly, a cost-benefit analysis of alternative arrangements for the provision of public services will help City of Arden Hills officials to better evaluate all alternatives proposed for their consideration. Ehlers can undertake financial feasibility studies of utility projects such as hydroelectric, cogeneration and solid waste projects that will assist clients in formulating construction programs that most efficiently meet the needs of the service area. .. . !i , I ,., 1-4 I ,1. ..'.... ~ : '-':. i ~/i . Hi1~r-" '~'. Recogn/tlon In Investment World, Rating Agencies -- The Firm has handled bond issues varying from $50,000 to $60 million and has the capability of managing financings of any '. complexity and of any size. Ehlers has dealt with all the major underwriting firms in New York, Chicago,. Milwaukee, Minneapolis-SI. Paul, Boston, San Francisco and elsewhere and has worked personally with many of their representatives. This enables us to call such firms to receive personal attention when seeking bidding Interest, arranging meetings and other contacts. Ehlers is experienced with the requirements of the major bond insurance firms, AMBAC and MBIA, and can advise clients regarding the cost effectiveness of such insurance for particular bond Issues. Ehlers and Associates, Inc. takes great pride in its ability to fully represent clients to the New York rating agencies -- Moody's Investors Services and Standard & Poor's -- in order to insure the highest possible bond rating for their obligations. Ehlers will supplement the Official Statement with additional information when appropriate and will advise clients as to the need for a rating agency visit and formal presentation. Computer Capabilities -- Ehlers maintains its own computers (IBM and Wang), and creates its own specialized software. Our in-house programming ability allows us to modify existing programs and create new software packages specifically tailored to the client's needs. Ehlers' library of computer programs offers a wide range of financial applications. A limited sampling of existing Ehlers' software includes programs with the following capabilities: . Formulate bond issues to include all relevant cost and income factors . . Structure the issue to allow for current debt service and future financing needs . Calculate the true impact of a project on tax rates and on taxes paid by sample property owners . Create cash flow models for tax increment districts . Create cash flow models for utility financings . Analyze and structure bond issues to advance refund existing debt. In addition, Ehlers and Associates, Inc. monitors commercial software development and may on occasion purchase commercial software to supplement our own library. Ehlers' ability to adapt existing software and develop new programs allows us to critically review a much wider array of possible solutions for any given financing problem. Many of Ehlers' clients have saved time and reduced costs by allowing Ehlers' computer resources to explore creative financing approaches. A few examples are: . A large community needed to develop a quick and easy method of listing numerous parcels, other identification numbers, descriptions and appropriate data for a tax Increment financing district; Ehlers found the solution. . I 1-3 ">.': ;,- '. ~., -""~""".._: ~,,".,;, ... .ii/". ~:;;'. =1 i'~:i .~r~:r~ ; . The sigma symbol, the Firm's logo, is also a mathematical symbol for "the sum of" to signify that when a client employs Ehlers and Associates, Inc. it hires the entire Firm -- the sum of -- not just one person. Ehlers has the staff, the experience and the commitment to quality to help you build a better community through finance. CONTINUITY OF SERVICE Ehlers and Associates, Inc. is an excellent company of qualified, trained people, dedicated to the service of the public and its governing bodies. Management recognizes that a consulting firm is, really, its staff and its know-how, and measures have been adopted to assure continuity of service to clients. = Financing projects sometimes take months, years, to complete, and continuity of financial consulting service must be assured. The risks and costs that might well attend any service . interruption warrant any extra costs required to provide more qualified, well-rounded consultants who will be available for any contingency. Ehlers and Associates, Inc. has - provided uninterrupted consulting service since 1954; our objective is to continue that record. In December, 1985, employees of Ehlers and Associates, Inc. assumed ownership of the Firm through the execution of a well-funded employees' stock ownership trust (ESOT). The Board of Directors, whose membership is comprised of five principals, is responsible for management decisions. The five principals ha.ve been with the company a total of 80 years. This will ensure the client does not risk a major interruption of service In the event of a loss of personnel. . AREAS OF EXPERTISE PlannIng & MarketIng of Public Debt -- Ehlers and Associates, Inc. has advised clients on the structure and placement of financing for a wide variety of capital projects, Including: ; - Airport facilities - Construction of parking facilities and skyways - Construction of public buildings - Development and redevelopment projects - District heating projects - Expansion & new construction of hospitals, nursing homes, and other medical facilities - Highway construction projects - Housing - Power plants - School Building Projects - Storm sewers & drainage projects Street improvement programs - Water & sanitary sewer systems - Solid waste to energy projects Ehlers and Associates, Inc. has proven experience in the planning, authorization and execution (sale) of all types of debt instruments, Including general obligation and limited obligation bonds, revenue bonds, tax increment bonds, industrial revenue bonds, refunding . and advance refundings, tax and aid anticipation certificates, FmHA financing, grant anticipation bonds, fuel notes, and bond anticipation notes. I 1-2 .. ":L ~' - " - - -, - HISTORY Ehlers and Associates, Inc. was established as an independent financial advisory firm in January, 1955, by Robert L. Ehlers, the Firm's Founder. The Firm has assisted hundreds of clients In the planning and marketing of approximately $3.0 billion of bonds for a wide variety of projects in the Upper Midwest region, with clients in Minnesota, Wisconsin, Iowa, Michigan, North Dakota, and South Dakota, Montana and Idaho. INDEPENDENCE Ehlers and Associates, Inc. is a private corporation whose policy has been to always remain independent of any underwriting or investment banking interest in any financial service provided. Ehlers and Associates, Inc. never participates in the underwriting of any bonds and does not furnish consulting or computer services to underwriters. In this way both conflicts of Interest and perceived conflicts of interest are avoided. All income of Ehlers and Associates, Inc. is derived from providing financial advisory services to clients for explicit fees. PHILOSOPHY OF SERVICE A key word in the vocabulary at Ehlers is "fiduciary" which means "one who is held in confidence or trust." Ehlers and Associates, Inc. always acts in a fiduciary capacity with . clients. Ehlers' clients are public bodies who are responsible and accountable for the allocation of public funds. We are acutely aware of our responsibility to provide clients with all the information necessary to make the right decision on all projects involving the commitment of public funds. Because Ehlers and Associates, Inc. is an independent financial advisor, with no conflicts of interest, clients can be assured that our recommendations are based solely on a thorough understanding of the community, a careful analysis of project feasibility and a comprehensive evaluation of alternative methods of financing. Starting with the proposal to provide services, clients are fully informed of the total cost of our service and any other expenses that might be associated with a financing project. While the Firm recognizes that it will, from time to time, provide public service at no cost or at less than cost so that potential clients can better determine the Firm's capability, the Firm will not intentionally offer services at reduced fees solely to gain a client with the expectation of "upgrading" fees for subsequent work or of later converting its fiduciary relationship to a more profitable underwriting. To carry out its fiduciary duties, the Firm seeks supremely qualified representatives and staff people whose experience, personalities, integrity, intelligence and academic training will best serve Its clients. Ehlers believes that a production line approach, with many people limited to small tasks, does not lend itself to the best execution of complex public flnancings. Our account executives are fully and carefully trained in all aspects of the planning and marketing of public debt. i~ \' . t .. 1-1 . ;~ .j I 4I!i' REQUEST FOR PLANNING/COUNCIL ACTION ENDA SECTION: ase #92-18, site Plan Amendment, 1300 Red Fox Rd, International Paper. SUBJECT: Installation of above ground storage tank. ZONING CODE REFERENCES WHICH APPLY: STAFF EVALUATIONS REQUIRED: NOTE: This item requires a public hrg X City Engineer for an SUP under the new ordinance because the site is being changed. The public hrg X Planning Consultant has been waived by the Zoning Adm. & Plnr. because the change is not significant, and X Building Inspector the only affected neighbor, Pharmacia Deltec, has agreed to the screening and X City Attorney placement of the tank. No public hearing is required under the present ordinance, X Fire Chief however, a site Plan Review by Planning commission and Council is required. APPROVED FOR AGENDA BY: f Catherine J. Iago :~ PLANNING COMMISSION ACTION: MOTION #1: McGraw moved, seconded by Winiecki, to waive the Development Moratorium Ordinance. All voted in favor. (6-0) . MOTION #2: Winiecki moved, seconded by Erickson, to recommend to Council approval of Case #92-18, site Plan Amendment for installation of above ground storage tank, International Paper, as proposed in the plans, based on the fact the tank is located appropriately and is screened from the only affected neighboring property and subject to the following conditions: 1. Copies of all permits and licenses from other agencies be filed with the City 2. Landscape screening details be reviewed and approved by the Planner before the building permit is issued. All voted in favor. (6-0) . DISCUSSION: The Applicant advised the Commission that the tank will be painted white to match the existing building and lessen its visual impact. - ~ FOR PLANNING/COUNCIL ACTION REQUEST ENDA SECTION: se #92-16, site Plan Review, 1160 West County Road E, Joe Commers (Owner) SUBJECT: site Plan Review for Building Modifications for a Bank and Retail Facility. ZONING CODE REFERENCES WHICH APPLY: STAFF EVALUATIONS REQUIRED: X City Engineer X Planning Consultant X Building Inspector X city Attorney X Fire Chief APPROVED FOR AGENDA BY: Catherine J. Iago PLANNING COMMISSION ACTION: MOTION #1: McGraw moved, seconded by Winiecki, to waive the Development Moratorium Ordinance for Phase II of this application. All voted in favor. (6-0) . MOTION #2: Winiecki moved, seconded by Piotrowski, to recommend to Council approval of Case #92-16, site Plan Review, 1160 West County Road E, Joe Commers (Owner) , the building modifications as proposed and contingent upon the following conditions: 1. The future drive to the adjacent Arden Plaza Shopping Center be shown as part of the site Plan. 2. That signage be approved with the following changes: east facing Mr. Movies sign be removed and the pylon sign be moved 15 feet from the county Road E right-of-way. The 8 standardized directional signs be allowed as shown on the plan. 3. That the access permit from Ramsey County be submitted and filed with the City. 4. The landscaping and lighting portions of the site Plan be approved as submitted. The recommendation for approval is based on the following rationale: 1. The site will be upgraded by the proposed changes, turning a t; . , dated site and structure into a renovated, contemporary l addition to this business district. } 2. No variances are required. 3. The parking/building ratio is improved with the removal I of a portion of the building, and will better meet the needs of potential future retail uses. 4. The site is enhanced by the additional curb and gutter, landscaping and lighting. 5. The proposed uses are compatible in terms of business hours related to peak parking and traffic needs. ,. !~ ~l _n ________ .. ~ . REQUEST FOR PLANNING/COUNCIL ACTION , PAGE TWO GENDA SECTION: ase #92-16, site Plan Review, 1160 West County Road E, Joe Commers (Owner) SUBJECT: site Plan Review for Building Modifications for a Bank. PLANNING COMMISSION ACTION: All voted in favor. (6-0) . MOTION #3: Piotrowski moved, seconded by Winiecki, to deny the request for a sign variance and direct the applicant to remove the Mr. Movies sign on the east facing wall of the building. All voted in favor. (6-0) . " S ,( I I . ~ . r- .... -"------- ____m 16/03/2: 46:20 003 , _or .'''; - 443R RAMSEy COUNn DEPARTMENT OF PUBLIC WORKS Permit No. 3377 North Rice Street #(OO~. Saint Paul, Minnesota 55112 Permit Fee . 4S4-910~ Namc of Applic.ant Q ~\\~\'iti.- , A\! .elAf fI 1;J, . Phone 'i $1.- 50S ] . , . Address 3'{'{ () . \)",ve Name of property oWnCl' 1-~, e"M"\:,,~ (' ~"P'P"I Address 3> 'v.J, '^1M ,I.- ST!-\\-', S"'1( lot ' I '0,1. P"~" "'''', sno1 1. Contr/J,l'tor pcrformihg work ~"'51!''''<>aCl r r'Iw~'\Q:lA.()"\"\.O,oJ Phone 7,'1-.- en\, 2. maintain: GPublic Street(s) 3. DrIveway or street will be; OResurtaced OReconstructed (widMed) pNew Construction 4. Driveway or street 1'1111 be: DTemporary ~el"manent Da te proposed tor construction o l1"o{\lN- I l'\ 'l.- 5. Building permit acquired: DYes t;zmo City A~~~ \..\,,,,, Permit No. 6. Number of driveways or entrances to property; Existing -----L- Proposed 'l.- . 7. Type of proposed entrance surface: e,zeltuminous DConcrete Gather J I S. IV;dth of proposed cntrance(s): \8 'f~ I 9. Location \\\,O WH'f' t'~-r RtL C- E'. fcP..D!:N fl\u",J (address) (county road) city) 1 O. Location, it no 'address feet ot (N, S, E or W) (road or street) Place a stake in the center of the proposed entrance, higher than any surrounding vegetation. . I, We, the undersigned, herewith acoept the terms and conditions of the regulations of the Ramsey County Engineer and agree to fully comply therewith to the satisfaction of the Ramsey County Department of Public Works. \ ~i~~~~~~:t~.~~ y=-,,, , Dated q-ZI-ql_ (ol....1"'1 REVIEWED BY DATE CULVERT SIZE; " x , Dcsign RT5ir'~ APnON: Ma in tenance ~:ZS"- 9<::.- COMMENTS: Environmental . /Z.S-/C1 7.. . It Is el<pressly understood that this permit is conditioned upon replacement or restoration of the County roa'dway to, its original or to Ii l>atisfactory condition. It Is tu~thel" understood that this ' permit'ls issued subject to the approval ot local, city, ,village or township authorities having joint _~!;:~!!..~P~'t~~~[i~~~fl:8~'~H~~~;,~6~~s,'1 ,'" Yell_rrl~~""~~"""" ~';;L~*~'1Il~n~ at1I'(}"'li";"'~-:";;ljgfiJf"2"'~':i"":;'1ii\\;""';"'~'~i~,""";'"'" " .--,...:.:'~-_.._~, .~rifi'_ _'~- ..- __' -;:it - ~'" _~, _',,--,-r_ _ . _ =-'" __~_'-"--~-'---"-"~'" . CITY OF ARDEN HILLS MEH:mNOOM 'Kl: Me :FRCI!: Dorothy A. PerSOn, city .lldministxator ImTE: October 14, 1992 SUBJECT: city council Follawup fran council Meeting of October 13, 1992 Please review the items below and discuss with me any questions or c:amrnents you may have. 1) Brueberry - a. Check out use rating. Clarify if restricted abstract, association restrictions, development (single, multiple). b. Publish notice after clarification, briefly des=ibe. c. Be sure pioneer Press gets new releases. 2) Develop false alarm policy - Administrator (1st), Council (2nd). . 3) Send resolution to lIRA - Group Health 4) Call Blake Davis: a. OK on Harstad and City Hall properties. b. Brueberry appraisal - what if $-1? 5) Ehlers - approved. a. Call Mayor, talk with others Wednesday if they want her to discuss timing. b. Write letter to Ehlers. 6) Prepare agenda for 10-19 worksession. 7) Do I sign or Mayor regarding Pay Estilnate #1 to Keithson Pond? 8) Write a letter of appreciation for Gary williams, sandra ShrewshJry, and Terry Post. nAP Its . - . CITY OF ARDEN HILLS MEKIlAlIDUM TO: Cathy Iago, Deputy Clerk FRQ1: Dorothy A. Person, City 1\dmini.strator DM'E: 0C:t0ber 14, 1992 stlBJECT: City Council Followup fran Council Meeting of 0C:t0ber 13, 1992 Please review the items below and discuss with me any questions or comments you may have. 1) Please let me know your followup on Council approval of Planning Commission recornmendations. 2) Do we need to fonnally notify Maier stewart of the motion to reject all bids on Arden Place? 3) We need to work out getting infonnation on Brueberry lot. Can you . get the abstract, check on any restrictions on use - 'When purchased, any covenants and whether Townhouse Ass=iation has restrictions, etc. DAP Its , i t , -,~- I '{ , . i I . I - . . ~.. I i ------------ ~ .,.~ . CITY OF ARDEN HILLS MEHJRANOOM TO: Dan Winkel, Public WOrks SUperintendent FRCM: Dorothy A. Person, city 1ldmini.strator D1lTE : october 14, 1992 SUBJECl': City Co1.mcil Followup fran COtmcil Meeting of october 13, 1992 Please review the items below and discuss with me any questions or =unents you may have. 1.) Please call JoAnn Growe if there is or is not a Public Works Committee meeting on Thursday, October 1.5, 1.992. An agenda has not been sent. If there is uncertainty, please call other :members to verify time, date, and items. DAP Its . i . if i. I .' f, " ~ . . CITY OF ARDEN HILLS MDDlANDtlM 'lO: Terry Post FRa(: Dorothy A. Person, city Mm:ini.strator DATE : october 14, 1992 stlllJ'EX:T : City Council Followup fran Council Meeting of october 13, 1992 Please review the items belCM and discuss with me any questions = camments you roay have. 1) Pay estimate #1 for Keithson Pond ok to pay. 2) Bills and payroll approved. COlll1cil packets didn I t get this listing. Any problems? 3) Ehlers approved. I did not get to ask whether she should come Monday. I will check with the Mayor on 10/14 and with others at Presbyterian Homes. . 4) Great reports/Response an tape - We need one for Wednesday p.m. at Presbyterian Homes. - COlmcil agrees to send a letter of appreciation to Gary and Sandra (and yourself, of course). DAP Its . - . . CITY OF ARDEN HILUl MEMJR1lNDUM 'IU: Tery Shields FRCH: Dorothy A. Person, City 1\dmini.strator DATE: October 14, 1992 SUBJECT: City council Followup fran Council Meetin9 of October 13, 1992 Please review the items below and discuss with me any questions or connnents you may have. 1) 10 - --_. 2) . Both motions on International Paper approved. (Malone #1, Mahowald seconded, and Hicks #2, Growe seconded). V Cornmers Development: Approved Motion #1 - Malone, Hicks seconded; and Motion #2 - . V Mahowald, GrcMe seconded. Sign variance granted for Mr. Movies due to: (1) =ent leasing an-angernents. (2) recognize non--conforming use to Mr. Movies occupancy. Malone moved, Mahowald seconded to amended: (3) Land of this tenancy to be re-evaluated use of pylon sign. (4) Be sure we send resolution on HRA to them. (5) Pr'epare 10-19 worksession agenda - review of policy and process for independent contract renewals. DAP Its .