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HomeMy WebLinkAboutCCP 02-13-1995 . fiS/ .. AGENDA . ARDEN fiLLS CITY COUNCIL MEETING NEW BRIGHTON COUNCIL CHAMBERS . MONDAY, FEBRUARY 13, 1995, 7:30 P.M. 7:30 PM 1. Call to order/roll call . 7:30 PM 2. Agenda adoption . 7:35 PM 3. Approval of minutes a. January 27, 1995, Regular Council Meeting . 7:40 PM 4. Consent Calendar a. Adopt Resolution 95-14, Approving Bingo Hall License, pot-a-Gold. . b. Approve Payment Number # 3 to Ashbach Construction for 1994 Street Improvements c. Approve Claims and Payroll. . 7:45 PM 5. Public comments .- 7:50 PM 6. Unfinished and New Business. a. Approve Lease Agreement with One Comm. Corp. b. Adopt Resolution 95-15, Ordering Feasibility Report for 1995 Sealcoat, Overlay . & Reconstruction projects. . 9:30 PM 7. Administrator Comments 9:35 PM 8. Council comments . 9:45 PM 9. Adjourn . The above times may vary depending upon length of issue discussion. . Februarv Meetint!s March Meetinils Feb 13 - Council Meeting, 7:30 P.M. Mar 1 - Planning Commission, 7:30 P.M Feb 16 - Economic Development, 8:00 A.M. Mar 13 - Council Meeting, 7:30 P.M. . Feb 16 - Council Worksession, 5:30 P.M. Mar 16 - Economic Development, 8:00 A.M. Task Force Meeting, 7:00 P.M. Mar 16 - Council Worksession, 4:30 P.M. Feb 16 - Public WorkslSafely Meeting, 7:30 P.M. Mar 16 - Public WorkslSafely, 7:30 P.M. Feb 23 - Finance Committee, 7:30 P.M. Mar 23 - Finance Committee, 7:30 P.M. . Feb 27 - Council Meeting, 7:30 P.M. Mar 27 - Council Meeting, 7:30 P.M. Feb 28 - Park & Rec Committee Meeting, 7:00 P.M. Mar 28 - Park & Rec Committee, 7:00 P.M. .- . . -1 I Ie MINUTES CITY OF ARDEN HILLS, MINNESOTA I REGULAR CITY COUNCIL MEETING FEBRUARY 13,1995 I 7:30 P.M. - NEW BRIGHTON CITY HALL I CALL TO ORDER/ROLL CA T T Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 7:31 p.m. Present: Mayor Dennis Probst; Councilmernbers Dale Hicks, Paul Malone and I Susan Keirn. Absent: Councilmember Beverly Aplikowski. I Also present were: City Clerk! Administrator, Brian Fritsinger; City Accountant, Terry I Post; Public Works Superintendent, Dan Winkel; and Recording Secretary, Ruth McLaurin. I- ADOPT AGENDA Hicks moved and Malone seconded a motion to adopt the agenda for the February MOTION: I 13, 1995 City Council meeting as presented. The motion carried unanimously (4- 0). I APPROV AL OF COUNCIL MINUTES January 30, 1995 I Councilmember Hicks suggested on page six, the motion should read on the third line... "Wmg I the south side and along approximatelv one-half of the distance of the west side. starting from the south side.".. I Mayor Probst noted the last statement of page five, be stricken from the record. Mayor Probst indicated on page eight, he would like to reword the third paragraph "...these past I months and welcomes him back to his position as Cir;v Accountant MOTION: Hicks moved and Keim seconded a motion to approve the minutes of the January I 30, 1995 regular City Council meeting as revised. The motion carried unanimously (4-0). Ie I - ----------- I Ie ARDJ;:N HILLS CITY COVN!:;U. - FEBRUARY 13. 1995 2 I CONSENT CALENDAR I A. Adopt Resolution 95-14; Approving Bingo Hall License, Pot-O-Gold. B. Approve Payment Number #3 to Ashback Construction for 1994 Street I Improvements. C. Approve CIaims and Payroll. I MOTION: Malone moved and Keim seconded a motion to approve the Consent Calendar as I presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). I PUBLIC COMMENTS Mayor Probst invited the audience to address Council with any matters of concern during this I portion of the meeting. No one stepped forward at this time. I- UNFINISHED AND NEW BUSINESS APPROVE LEASE AGREEMENT WITH ONECOMM CORPORATION I City Administrator Fritsinger briefly reviewed the lease agreement with OneComm Corporation. He indicated the lease is very similar to that of the lease held with Cellular One, with a few key differences. I City Administrator Fritsinger noted the specific dollar amounts and terms are noted. He I indicated the concerns regarding portion (i), relating to the warning lights. Staff has reviewed the FCC\F AA regulations and there is no concern at this time. City Administrator Fritsinger noted an addition to the lease regarding damage that may be caused by the installation of OneComm I equipment. City Administrator Fritsinger indicated the lease will be reviewed and language fine tuned by I City Attorney Filla, but staff recommends the City Council approve the lease agreement pending his review and final approval. I Mr. Bill Buell, representative from OneComm indicated that OneComm agrees to the additional paragraph regarding damages. I Mayor Probst inquired as to the cost of cellular phones to be provided by OneComm. City Administrator Fritsinger noted it would be based on whatever mobile time is use. City I- Accountant Post noted the phones have been used for emergency calling and very little air time is used. I ------- ------ I I" i}RDgNHJJ..LS CITY COUN~IL - EEIU\UARY 13. 1995 3 I I MOTION: Hicks moved, and Malone seconded, a motion to approve the lease agreement with OneComm Corporation, pending final approval from Attorney Filla and direct staff to execute all necessary documents and direct the applicant to work with the I City Engineer to assure that all construction plans are reviewed prior to any work being undertaken. The motion carried unanimously (4-0). I ADOPT RESOLUTION 95-15: ORDERING FEASIBILITY REPORT FOR. 1995 SEALCOAT. OVERLAY AND RECONSTRUCTION PROJECTS. I Superintendent Winkel reviewed the memo regarding 1995 Pavement improvements. Superintendent Winkel noted the Council should be aware that Stowe Avenue is also included I in this Feasibility study. He indicated it is important to include Stowe A venue in the Feasibility Study at this time if a project is to be completed on that street this year. I Superintendent Winkel reviewed the streets proposed for improvements. He indicated staff will have a presentation ready for the Public Hearing on all of these streets. He noted the presentation I. will include a description of the pavement management program outlining how all of the streets are rated. Mayor Probst inquired if there are sources to cover the costs of including Stowe A venue, between I Lake Johanna and New Brighton Rd., in the 1995 improvements. Superintendent Winkel indicated there are sources, unless the County Road F improvement project would be higher than I estimated. In that case, there may be less available for Stowe A venue. Mayor Probst indicated if it would mean completing improvements on Stowe A venue, he would I prefer less overlay on some other streets. He believed the improvements on Stowe were a higher priOrity. I Councilmember Malone indicated concern that Hamline Avenue was in need of repairs. Superintendent Winkel agreed, and inquired if Council would like Hamline to be included in the Feasibility Study, or if due to the issue of the County turnback, the City would prefer to wait. I Councilmember Malone indicated he would prefer to see the improvements made in order to maintain the road. Councilmember Malone stated it is important to maintain the road now so I as to avoid more costly repairs in the future. Superintendent Winkel then requested the Council consider amending the Feasibility Study to I include Hamline Avenue. Ie I I I~ ARDEN HILLS CITY COUN<:;IL - FEl}RUARY 13. 1995 4 I Councilmember Malone also indicated concern for Arden View Drive, the roadway is in good I condition, but there are dips in the pavement. Superintendent Winkel indicated this could be looked into further this next summer. I MOTION: Hicks moved, and Malone seconded, a motion to adopt Resolution 95-15, Ordering Feasibility Report for 1995 Sealcoat, Overlay & Reconstruction projects, with the amendment including Hamline Avenue from T.H. 96 to Floral Drive. I The motion carried unanimously (4-0). I Mayor Probst indicated he would review the cost of the improvements to Hamline and if the cost is large, he would favor work on other streets before work on Hamline is done. I Superintendent Winkel indicated the length of the project on Hamline would be just short of a mile, but costs can be reviewed and presented to the Council. I ADMINISTRA TOR COMMENTS I- City Administrator Fritsinger indicated this past fall the City made a request to the Army Reserve, to use their building for City Council and City Planning Commission meetings. He indicated the Reserve responded this past week and approved the first Wednesday and second Monday of the month, but did not note if the last or fourth Monday would be available for the I City to use. City Administrator Fritsinger inquired if the Council would like him to pursue using the Army I Reserve Building. I Mayor Probst indicated he would prefer to hold meetings in Arden Hills and to pursue using the Army Reserve. I Councilmember Malone indicated he would also prefer returning to Arden Hills, but would like a calendar set, since the letter indicated that dates could change at any time. He was also concerned that holding a Council meeting in a classroom setting would not be appropriate. I Councilmember Hicks indicated he would also prefer to pursue the Army Reserve building, even though New Brighton has been very generous in letting the Council use their chambers. I Mayor Probst directed the City Administrator to pursue using the Army Reserve for City meetings and to clarify a calendar with a commitment to the dates needed. I Ie I I Ie 1\W~~ I:JJl.,I.S CITY COUNCIL - FEBRUARY 13 1995 5 I COUNCIL COMMENTS I Councilmember Hicks noted the letter received from Mr. Paul Tavernier. City Administrator Fritsinger indicated he has not yet been able to respond to this letter. I Councilmember Malone requested information and discussion regarding Perry Park be added to' a meeting agenda in the near future. I Councilmember Malone briefly updated Council on the Fire Board meeting and issue involving the reconstruction of station number two. I Councilmember Keirn indicated she had attended the Newly Elected Officials Seminar and noted I the Human Rights Committee's in other communities have reviewed job descriptions, personnel policies and ADA requirements. This may be a future project for the Committee. I Mayor Probst reminded everyone of the meeting on Thursday, February 16, to be held with all committees and commissions. He indicated he had information regarding the Arsenal and also I- this would give him an opportunity to introduce Mr. Fritsinger as the new City Administrator. He noted also that he will direct committees and commissions to set goals for 1995. Mayor Probst indicated he will appoint a Task Force for the TCAAP project at Thursday's meeting. I Mayor Probst indicated he had received correspondence from School Superintendent Nygren and the School Board regarding a survey. Mayor Probst noted the Council will be meeting with the I 621 School Board on March 13 at 6:30 p.m. Mayor Probst noted he had received a letter from a Mr. Mark Stack, a resident who would like I to be on the Public Works and Safety Committee. Mayor Probst indicated he would like to appoint him at this time. I MOTION: Hicks moved, Malone seconded, a motion to ratify the Mayor's appointment of Mr. Mark Stack, to the Public Works and Safety Committee. The motion carried unanimously (4-0). I Mayor Probst noted an article in the Star and Tribune regarding affordable housing and Arden Hills seemed to rank well, he had the article for those interested in reading it. I Superintendent Winkel noted the County is looking to rename T.H. 96, so anyone with ideas can submit names for suggestion to the County. I I e I I I. ARRlli HILLS CITY COVNC:lL - .FEBRUARY 13. 1995 6 I ADJOURN I MOTION: Keirn moved and Hicks seconded a motion to adjourn the meeting at 8:25 p.m. I The motion carried unanimously (4-0). I ,ii/If ~~ I ite"nnis Probst Br(an Fritsinger I Mayor City Administrator NOTICE OF MEETINGS I The next regular Council meeting will be held February 27, 1995, at 7:30 p.m., at New Brighton City Hall. I Ie I I I I I I I Ie I I ~ .. I- CITY OF ARDEN HILLS t.O~ ~ I MEMORANDUM (D~ I DATE: February 9, 1995 I TO: Mayor and City Council Brian Fritsinger, City Administrator~ FROM: I SUBJECT: Administrator Comments for 2/13/95 Council Meeting I 1. Approval of Minutes I Council is asked to approve minutes from the 1/27/95 regular Council meeting. 2. Consent Calendar a. Pot-O-Gold Bingo Hall License - The State of Minnesota requires this I approval to be undertaken in its own formal resolution. Council had approved this license last meeting under the consent agenda. I- b. Ashbach Construction - The Council should consider approving the payment of$69,599.14 to Ashbach Construction, Inc. This pay estimate I incl udes work on the 1994 street improvement program. The cost to date, with only a few punch list items remaining, is slightly less than 1 % over the revised contract amount. (See memorandum dated 2-8-95 from Dan I Winkel) c. Claims and Pavroll- Council is asked to approve $214,587.62 in I accounts payable and payroll claims. Excluding the Ashbach Construction, Inc. payment, vendor claims total $144,988.48. The only other significant I item to note is the annual liability insurance payment to the LMC Insurance Trust of $64,483. I 3. Unfinished and New Business a. Lease Agreement with One Comm COrDoration - The lease includes several revisions from the lease included in the last meetings packet. The I attached memorandum details the specifics of the lease. Discussions are ongoing between the attorneys and it is possible that additional minor revisions will occur prior to the meeting. I b. 1995 Feasibility Report for Street Imnrovemcnts - MSA has provided a .- list of streets requiring maintenance in 1995. It is the engineers recommendatiun that a feasibility report be prepared for these streets I .,------ . ~ . which also include Slowe Avenue. The initial cost estimates for _. undertaking all of these projects, excluding Stowe Avenue, is $190,000. I The cost to the City estimated at approximately $107,400. 4. Administrator Comments I A number of handout items are included for Council review and general information. a. A 2-2-951etter from Paul Tavernier, 1651 West County Road F, I addressing concerns on the County Road F improvement project and I Ryder Student Transporta1ion. Staff will be following up with a letter addressing those issues identified. b. A 1-26-951etter from David Stimpson. Chair of Mounds View School I Board, inviting the City Council to meet with the School Board on March 13, 1995. If you have any specific agenda items let me know. This I meeting will take place prior to the regularly scheduled City Council meeting. c. 2-7-95 letter from Ramsey County, explaining the formal turnback of . TH96 was completed January 26, 1995. -I d. 2-9-95 memo from Dan Winkel. explaining the proper use of the security alarm system. e. 2-10-95 memo from Brian Fritsinger. detailing a preliminary response to I the Everest Development, Inc. proposal. The key items included in this . initial response of which Everest may be concerned are; the tax increment cap (item 4), and exclusive development rights (item 7). Negotiations are ongoing and staffs response will likely be refined prior to the Council I W orksession scheduled for next Thursday. f. 2-9-95 memo from Terry Post. providing a review of recent payments to I the League of Minnesota Cities Insurance Trust. 5. Non Agenda Administrator Comments I a. Wildlife Observation Station - Staff met with representa1ives ofTCAAP to discuss the location of a wildlife observation station to be constructed on the TCAAP facility. After reviewing a number sites, it was suggested I that the most appropriate locations would be Sunfish Lake or just south of the existing archery range. While in depth discussions about the overall project have not been held, staff has responded to TCAAP officials with . the City's preliminary support of the project, including future maintenance. Ramsey County Officials have done the same. -. I I f ..P' I- b. March P1anninl,! Cases - It appears up to eight (8) planning cases will be I on the March Planning Agenda. I have been in contact with John Bergly to request his assistance with this agenda. I I I I . I I- I I I I I I I .- I I ~ CITY OF ARDEN HILLS PAGE 1 OF2 I ' ACCOUNTS PAYABLE a..AIMS REPORT TO BE APPROVED 02113/95 COUNCIL MEETING - I I CLAIMS PAID SINCE LAST COUNCIL MEETING (01(30(95) I liCK.. # .1 CK.. DATE 1 VENDOR 1 AMOUNT I COMMENTS I , I I 8206 I 01(2.7/95 : ROSEVILLE 4 1HEA1ER 35.00 VACATION DAY EVENT 01127/95 8207 1 01(2.7/95 SPORTS SPREE FUN PARK 120.00 VACATION DAY EVENT- 01(2.7/95 I 8208 1 01/27/95 GROUND ROUND 63.00 VACATION DAY EVENT - 01127/95 8277 01130/95 BRIAN FR1TSINGER , 260.81 RE1MB. - MILEAGE & D.C. CONF. EXPENSES 8278 02/03/95 LEAGUE OF MINNESOTA CITIES , 135.00 CONFERENCE 02103-02104. S_ KEIM , I 'i 8279 I 02/06/95 KINKO'S 34.08 300 JOB APLICATION FORMS , 8280 02110/95 PUBLIC EMPLOYEES RETIREMENT ASSN. 1.970.01 FIRST FEBRUARY PAYROLL " ;1 8281 02/10/95 ICMA RE'IIREMENTTRUST - 457 1,475.(>; FIRST FEBRUARY PAYROLL , II 8282 02/10/95 STA 1E CAPITOL CREDIT UNION 1.544.83 FIRST FEBRUARY PAYROLL I 1 II SUBTOTAL - PAID CLAIMS 5,637.7911 I I- ., ~ i PAID CLAIMS -- $5,637.7911 " I ADD UNPAID CLAIMS, PAGE 2 OF 2 $208,949.8311 [I TOTAL ACCOUNTS PAYABLE CLAIMS FOR COUNCIL APPROVAL, 02/13/95 $214,587_621 I I, I I N01Ee CHECKS FOR UNPAID CLAIMS TOTALING $307,286.37, WERE ISSUED ON 01/31/95 AFIER I APPROVAL AT 1HE 01/30/95 COUNCIL MEETING. THEY WERE CHECK NUMBERS 821 I TO 8276. TI!IS SEQUENCE CORRESPONDS TO UNPAID 'IEMPORARY NUMBERS TI - T66. CHECKS 8209 TO 8210 WERE USED FOR ALIGNMENT. cu.IMS2.WKI I I I - I I . CITY OF ARDEN HILLS PAGE20F2 I ' ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 02113/95 COUNOL MEETING - I UNPAID CLAIMS REGIS1ER: I II TEMP /I I CK. DATE I VENDOR i AMOUNT I COMMENTS I[ ! I TUOl I 02/14195 I ACCURATE PRESS, INe. 95.641 BUSINESS CARDS - B. FRITSINGER 'I T002 02/14195 I ANIMAL CONTROL SERVICES, INe. 311.90 ANIMAL ENFORCEMENT - JANUARY I TU03 02/14/95 ASHBACH CONSTRUCTION. INe. 69599.14 PAYMENT #3 - (INe. RETAINAGE $7.110.77) T004 02/14/95 ,AT&T 32.98 CURRENT INVOICES - LONG DISTANCE TU05 02/14/95 BEISSWENGER'S HARDWARE , 87.09 JANUARY PURCHASES I TU06 02/14/95 BIFF'S.INe. , "01.04 PORTABLE TOILETS - RINKS. JANUARY TU07 02/14/95 BRIGGS AND MORGAN 45.00 PUBLIC FINANCE MEETING, 03/16 - T. POST II TUG8 ' 02/14/95 CLUTCH & TRANSMISSION SERVICE 180.26 #8 LIFT - REPAIR DRIVE SHAFf I TU09 02/14/95 COVERALL OF TIlE TWIN CmES 137.39 I CI1Y HALLJANITORIAL SERVICES - FEB. I TUlO 02/14/95 ' D.e. HEY COMPANY 239.00 M1NCE. & MElER QIARGES FOR COPIER TU11 02/14/95 DOLLY SMYTIl 16.00 REFUND CERAMICS CLASS TU12 02/14/95 DONL YN MANUFACTURING CORPOATION ; 71.09 SAFE1Y GUARDS FOR BOOSlER STATION TUl3 02/14/95 E-Z RECYCLING. INe. i 5.015.00 JANUARY SERVICE I TU14 02/14/95 FIRSTLINE TOURS. INe. 36.00 ST. PAUL GANGSlER IRIP - 01/26/95 TIll5 02/14/95 FRATIALLONE'S HARDWARE STORES 52.72! JANUARY PURCHASES TUI6 . 02/14/95 GARELICK SlEEL COMPANY. INe. 109.00 i VEffiCLE #1 - SlEEL FOR REPAIRS I :1 TU17 02/14/95 GOPHER STAlE ONE-CALL. INe. 28.00 I JANUARY SERVICE " II TU18 02/14/95 H & L MESABI, INe. 202.s21 VEI-IICLE #20 - CUTIING EDGE FOR PLOW if" TUI9 02/14/95 HAMLINE UNIVERSrIY , 50.00 I "GOOD WRITING" CLASS - T. PElERSEN _il TU20 02/14/95 I HAR MAR LOCK & KEY 953 NAMEPLAlE - B. FRITSINGER I 1'1 TU21 02/14/95 , HYDRO SUPPLY COMPANY 1.485.55 WAlER MElERS & INSTALLATION SUPPLIES !I T022 02/14195 LU.O.E. LOCAL49 BENEFIT FUND 5.850.00 INSURANCE, MARCHTIlROUGH MAY I TU23 , 02/14/95 KATIl AUTO SUPPLY 53,481 JANUARY PURCHASES , " I TU24 02/14/95 LAWSONPRODUCTS. INe. 535.98 ' SHOP SUPPLIES W/DISCOUNT il Ii T025 I 02/14/95 I DCA HEAL TIlCARE MGMT. GROUP 3.247.86 HEALTII AND DENTAL INSURANCE - FEE. I TU26 I 02/14/95 LMC INSURANCE TRUST 64,483.00 LIABILI1Y INSURANCE FOR 1995 TU27 02/14/95 I MCDONALD BATTERY COMPANY 55.72 BATTERY - BOOSlER STATION I , TU28 I 02/14/95 hMETROPOLITAN INSPECTION SERVICE 2.813.20 ELECTRICALINSPECTIONS - JAN. TU29 , 02/14/95 23.19 OFFICE SUPPLIES , MlD\liESTBUSINESS PRODUCTS T030 02/14/95 I MINNESOTA GFOA , 15.00 ANNUAL MEMBERSHIP DUES '! TU31 02/14/95 MTI DISTRIBUTING COMPANY 61.06 VEHICLE #42 - SHAFT AND SEAL I !! T032 , 02/14/95 NORTIlERN AIRGAS ST. PAUL 15.00 MAlNlENANCE - OXYGEN CYLINDER T033 02/14195 NORTHERN STATES POWER COMPANY 5.299.831 CURRENTINVOICES I TU34 02/14/95 I TRACY PElERSEN I 32.48, REIMBURSEMENT - JANUARY MILE.AGE I T035 i 02/14/95 I PETTY CASH FUND 181.37 ! REPLENISHMENT (EXPENSES DEe. & JAN. . , TU36 I 02/14/95 . lERRANCE POST 8.701 REIMBURSEMENT MILEAGE :i T037 02/14/95 POSTAGE BY PHONE 400.00 I OFFICE POSTAGE TU38 02/14/95 I RAMSEY COUN1Y 44.950.00 I LAW ENFORCEMENT - FEBRUARY I !, TU39 02/14/95 I RYDER STUDENT TRANSPORTATION 1 200.001 VACATION DAY TRIP - 01/27/95 'I TU40 i 02/14/95 I SANDERS WACKER WEHRMAN BERGLY 734.98 I PROFESSIONAL SERVICES - DEe. 1994 I , , TU41 I 02/14/95 I BETIl SCHUSJER 18.00 I REFUND FLOOR HOCKEY I , I ii TU42 I 02/14/95 I SCHUTTA'S HARDWARE, INe. I 33.45 JANUl\RY PURCHASES i :' TU43 02/14/95 1 SUBURBAN CHAMBER OF COMMERCE 325.00 ANNUAL MEMBERSHIP DUES I: TU44 02/14/95 I TARGET STORES 63.86 lELEPHONES - WARMINGHOUSES , I TU45 02/14/95 I TIMESA VER OFF SIlE SECRETARIAL 333.75 MTGS. - COUNCIL. 01/30 & PLANNING. 02/01 I ! TU46 02/14/95 I US WEST COMMUNICATIONS 938.37 CURRENTINVOICES TU47 CJ2/14/95 I CYNTIlIA WALSH I 75.78 REIMBURSEMENT JANUARY MILEAGE , -' TU48 02/14/95 I WARNING LIlES OF MN. lNe. 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Ilw Z, INI('IIN...., ('1 ~l N NIC"I:,..~IN N N ('I ~1"'i(,II(,IINI"'1 q NIN ",I('I'N I'11(,l:N N I '-' I '. "I 'I. I i I I. MINUTES CITY OF ARDEN HILLS, MINNESOTA I REGULAR CITY COUNCIL MEETING JANUARY 30,1995 I 7:30 P.M. - NEW BRIGHTON CITY HALL I CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 7:32 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, I Paul Malone and Susan Keirn. Also present were: Acting Clerk! Administrator, Terry Post; Public Works I Superintendent, Dan Winkel; Parks and Recreation Director, Cindy Walsh; Planning Coordinator, Brian Fritsinger; and Recording Secretary, Ruth McLaurin. I ADOPT AGENDA I- Mayor Probst noted a revised agenda before Council, adding an item to Consent Calendar 4(f). MOTION: Hicks moved and Aplikowski seconded a motion to adopt the agenda for the I January 30, 1995 City Council meeting as revised. The motion carried unanimously (5-0). I APPROV AL OF COUNCIL MINUTES January 3,1995, Special Council Meeting. I January 9,1995, Regular Council Meeting. I Councilmember Malone had a clarification for the January 9, 1995 Meeting, page three. Councilmember Malone noted there has not yet been a determination of assessment at this point. I He indicated typically, the Council would base assessments on the value -provided by the improvement. As a matter of past practice, the Council has assessed half of the value of a typical residential street, not necessarily the project at hand, to the resident. I Councilmember Keim also indicated clarification, her question was: would the resident be assessed 50% of the total cost, or would the resident be assessed 50% of the reduced cost after I contribution from the county for the project. I- - I I ARDEN HILLS CITY COUNCIL - JaNUARY 30 1995 2 .1 I Councilmember Malone indicated the money received by the county is not included in the equation. Councilmember Malone indicated the assessment is based on a typical residential street, I disregarding any outside funds received. Therefore the correction to the January 9, 1995 Regular Council Meeting page three, paragraph I six, should read :Councilmember Keirn q.l1estioned reg.arding the assessments to the residents. would the assessment be 50% of the total value of the improvement. or 50% of the value of the I improvement after receiving funds from the County. Councilmember Malone indicated outside funds are not included in the equation. and the assessment would be based on the total value of the improvement of which 50% is typicallv assessed to the resident. However no assessments I have been determined for this case. at this time. Mayor Probst noted a typographical error on page three in Resolution No. 95-06 should read I Plans and Specifications. Mayor Probst indicated on page six, the first paragraph, he would like it to read: Ma.yor Probst I indicated there are various residents or comminee members who perhaps would be interested in participating as members of the Metropolitan Council comminees that have vacancies if anyone -I is aware of those who would be interested. please notity City Hall. Mayor Probst indicated that the minutes should reflect on page seven, the paragraph six, with the added comment: The date originally scheduled was January 19. 1995 and was subsequently I changed to Januarv 24. 1995. MOTION: Hicks moved and Keim seconded a motion to approve the minutes of the January I 3, 1995 special Council meeting and the January 9, 1995 regular City Council meeting as modified. The motion carried unanimously (5-0). I CONSENT CALENDAR A. Approve Resolution #95-08; supporting Ramsey County Sheriff Department I COPS AHEAD program grant submittal. B. Approve Resolution #95-09; Adopting City Policy for Acceptance of Gifts. I C. Approve Resolution #95-10; Supporting Ramsey County Park & Recreation Department T.H. 96 IS)'EA grant application. D. Approve Resolution #95-11; Supporting NYFS CDBG application. I E. Approve Resolution #95-12; City TCAAP Planning Assistance CDBG application. F. Approve list of 1995 Business License Renewals, two additional Rubbish I Hauler Licenses, and Bingo License Renewal. G. Approve application to NSCC for a Municipal Access grant. -I H. Approve Claims ,and Payroll. I I I. blWEN HILLS CITY COUNt;;IL - JANUARY 30. 1995 3 I Councilmember Malone noted item 4(a) , the application for grant funding for the COPS I AHEAD program. Councilmember Malone indicated, typically grant funding is a short term funding for a long term expense, but after conferring with Staff, this grant merely pre-funds personnel changes that would be budgeted in the Sheriff's Department anyway, and he therefore I supports this grant submittal. MOTION: Keim moved and Hicks seconded a motion to approve the Consent Calendar as I presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). I PUBLIC COMMENTS Mr. Roger Aiken, 4360 Hamline, requested to approach the Council. Mr. Aiken lives on I Hamline A venue south of the Arsenal, he is present to inform Council of a consistent drainage problem on his property. Mr. Aiken indicated this problem has occurred for the past four to five years. He indicated he did not wish to complain and not have a solution, so he therefore I presented Council with a mitigation report that he drafted. I- Mr. Aiken briefly reviewed his report, locating his parcel and surrounding parcels. Mr. Aiken indicated construction has nearly been completed on an adjoining parcel. I Mr. Aiken noted the flooding has clearly occurred since the clearing of the adjoining properties and is not due to weather or any other natural anomalies. He indicated due to the flooding he has been denied access to his own garage. He realizes the portion of his land which is flooding, I is not large, but it is a important portion of his property. Mr. Aiken indicated filling the area would be appropriate to stabilize the soil and provide a more I defined boundary. Mr. Aiken indicated other issues beside the flooding will come to the attention of the Council, I he noted the Watershed district also has concerns of noncompliance, although he is not sure of all the details, but believes RCWD will contact the City shortly. I Mr. Aiken asked the Council to consider his plight and inform him of their position after they are able to review the issues. I Mayor Probst inquired if Staff has had an opportunity to review this issue. Acting Administrator Post indicated Staff has not yet been able to review the issues thoroughly. I Mayor Probst indicated after Staff has further chance to review, he would like Council to address I- this issue at its earliest worksession available. . I I ~~DEN HILLS CITY COUN<;:IL - JANUARY 30. 1995 4 .1 I Councilmember Malone indicated he concurred. Councilmember Hicks indicated when Staff is reviewing this issue, he would like information I regarding the fill on Lot A and what violations have occurred. Superintendent Winkel indicated the City did receive a copy of a warning and order from the I Watershed District, issued to the homeowner, where they will be required to remove some of the I fill along the west portion and put up a construction fence to prevent soil going into the pond. Superintendent Winkel indicated the City will continue to work with the Watershed District on monitoring the issues of this property. I UNFINISHED AND NEW BUSINESS PLANNING CASE #95-01: ONE COMM CORPORA nON SPECIAL USE PERMIT I City Planner F ritsinger briefly review the Staff report regarding the request of a Special Use I Permit and Site Plan approval for placement of antennas and construction of an equipment building at the Red Fox Road water tower. -I Mr. Fritsinger indicated the Planning Commission recommended approval of this request subject to the conditions identified in the planning report. Mr. Fritsinger indicated there is a lease agreement contained in the Council packet for review, but I with issues still outstanding this item will be for discussion purposes only at this time. I Mr. Fritsinger noted the applicant is proposing to place antennas, panels and an equipment building at 1230 Red Fox Road. He indicated this proposal is very similar to the approved use I of the 4251 Fernwood Avenue water tower by Cellular One. Mr. F ritsinger stated three antennas are proposed to be located on the roof of the water tower. I These antennas will be mounted to the existing pipe railing. The applicant is proposing nine future panel antenna locations which would be constructed approximately 20 feet below the bottom of the bowl. I Mr. Fritsinger indicated Staff recommerds the Council concur with the Planning Commission and approve Site Plan and Special Use Permit No. 95-01 to allow for the construction of an I equipment building and placement of antennas on the water tower located at 1230 Red Fox Road with the following conditions: 1. The equipment building shall be screened as proposed with trees to be in place no I later than July 15, 1995. -I , I I I. h-RDEN HII:,LS CITY COUN~II. - TANUARY 30. 1995 5 I 2. The antennas, panels and mounting brackets shall all be painted to match the color I of the tower. 3. No welding shall be done on the water tower tank or shell without the written I approval of the City. The antennas shall not exceed a height of 16'6" above the top of the water tower. 4. I 5. At the time the side panel antennas are constructed all existing roof top antennas will be removed. I 6. A lease agreement shall be maintained with the City of Arden Hills which details rent payments and other specific requirements of the City. If at any time the lease I shall terminate, the SUP shall be reviewed and the City may impose other restrictions or conditions as warranted. I Councilmember Malone inquired if there would be a significant visual impact or would there be any reflectors. A representative from One Comm indicated there would not be reflectors, the I- antennas would be omni antennas and in the future they would be replaced with panels. Mr. Winkel inquired as to what time frame the construction would be completed. The applicant I indicated since there is an agreement to have the trees in place by July 15, they perhaps would put the trees in first, and look to completion during the third quarter of the year. I MOTION: Hicks moved and Aplikowski seconded motion to approve Planning Case #95-01; One Comm Corporation Special Use Permit and Site Plan. The motion carried unanimously (5-0). I LEASE AGREEMENT WITH ONE COMM CORPORA nON I Mr. Fritsinger indicated the Council had received a draft copy of the lease agreement between One Comm Corporation and the City of Arden Hills. He noted this is for discussion, no action I is required. Mr. Fritsinger indicated the applicant's attorney would like to further review this agreement. I This agreement is very similar to the one held with Cellular One, except the lease rate is a fixed rate with scheduled increases over the life of the lease rather than a variable rate. I Mayor Probst indicated he preferred this approach. I- . I ------------- ------ -- I ARDEN Hl~LS CITY COUNS:-;lL - TANUARY 30.1995 6 _I I PLANNING CASE #95-03: EAST SIDE BEVERAGE SITE PLAN FENCE REQUEST. I Mr. F ritsinger indicated the applicant is requesting the approval of a site plan consisting of a seven I foot high chain link fence with a one foot strand barbed wire on the top. Mr. Fritsinger noted the Planning Commission approved the request without the barbed wire addition. The applicant I requests that the City Council reconsider the use of barbed wire for determent purposes. Mr. Fritsinger indicated this fence is constructed at East Side Beverage, 1260 Grey Fox Road. Mr. . Fritsinger indicated the applicant has contacted the City several times in the past with concerns about theft and vandalism on the site. Primarily these problems have been caused by juveniles who are frequently in the area. The fence is an attempt to reduce or eliminate this problem. I Mr. Fritsinger noted the applicant apparently constructed the chain link portion of this fence in August. This was in response to both a labor strike and the problems stated above. I Councilmember Aplikowski inquired if the barbed wire would be around the entire length of the -I fence. The applicant indicated, he is requesting that the south side and portion of the west side have the barb wire attached excluding the gate area. Councilmember Hicks questioned why only a portion of the fence and not all of the fence would I have the barbed wire. The applicant indicated there is a greater problem of access on the south side due to the railroad tracks, and thicker brush, where sometimes the product is hidden until I a later time when it is picked up. Councilmember Aplikowski inquired as to the objections of the Planning Commission. Mr. I Fritsinger indicated their concern was the safety issues of barb wire and suggested alternative preventive measures, such as lighting. MOTION: Aplikowski moved and Hicks seconded a motion to approve Planning Case #95- I 03; East Side Beverage Site Plan Fence request with the one foot high barbed wire along the south side and along approximately one-half of the west side. The I motion carried unanimously (5-0). PLANNING CASE #95-04: BETHEL COLLEGE SITE PLAN REVIEW I Mr. Fritsinger indicated the applicant is requesting approval of additions to two academic buildings and a residence hall. The Planning Commission approved the plan subject to the two I stated conditions. -. I I I. boEDEN HILLS CITY COUNC;:IL - TANUARY 30. 1995 7 I Mr. Fritsinger indicated the proposed building additions are consistent with the approved Master I Plan or the deviations in building footprint configurations are considered insignificant. Mr. Fritsinger noted the proposed building additions, drives and walks will be well below the I allowable percentage in the Special Use Permit. Mr. Fritsinger indicated Staff recommends the Council concur with the Planning Commission I and approve Planning Case No. 95-04; Site Plan Review for Bethel College for minor building additions, with the following conditions: I 1. Upon final City approval of this request, the Master Plan will be changed to reflect the building additions. I 2. The next application by Bethel College will address the parking issue as discussed in this review. Any changes in the parking formula will require an amendment to the Special Use Permit. I Mr. Craig Hjelle, Director of Physical Plant and Planning for Bethel College, indicated in the I- next few months they would be providing additional parking and also reviewing the parking space per student formula. I MOTION: Malone moved and Keim seconded a motion to approve Planning Case #95-04; Bethel College Site Plan Review. The motion carried unanimously (5-0). I BETHEL COLLEGE SURFACE WATER MANAGEMENT (SWM) APPEAL. Mr. Hjelle requested on behalf of Bethel College, that this item be tabled until they have an I opportunity to review the letter from the City that the college had just received on January 30, 1995. I MOTION: Aplikowski moved and Keim seconded a motion to table the item regarding Bethel College Surface Water Management appeal until a later date. The motion carried I unanimously (5-0). RESOLUTION #95-13: APPOINTMENT OF CITY CU;:RK/ADMINISTRATOR I Mayor Probst indicated through the interview process of obtaining a new City Administrator, the applications received were very positive. Mayor Probst announced Mr. Brian Fritsinger has I been chosen and accepted the position of Arden Hills City Clerk/Administrator. I- . I I ARQEI'J HILLS CITY COUNCIL - TANUARY 30.1995 8 .1 I MOTION: Hicks moved and Aplikowski seconded a motion to adopt Resolution No. 95-13; appointing Brian Fritsinger to the position of City Clerk! Administrator. The I motion carried unanimously (5-0). Mayor Probst noted that he had spoken with Mr. Fritsinger earlier and they are in agreement that I at Mr. Fritsinger six month review the four outstanding issues will be reviewed. Mayor Probst extended his appreciation to Mr. Post for taking the position as Acting I Clerk/ Administratorfor these past months and will be glad to see him at his regular position as City Accountant. I ADMINISTRATOR COMMENTS Acting Clerk/Administrator Post indicated he had a few items for the council. I First Mr. Post indicated the LS.D. 621 School Board has requested a meeting with the Mayor and I Council. Mr. Post suggested scheduling a Special Meeting on March 13, 1995 from 6:30 p.m. to 7:15 p.m. to accommodate this request. -I Mayor Probst indicated he would welcome the opportunity to meet with the School Board and recommended Stili to move forward in scheduling this meeting. Council concurred. Mr. Post indicated he would confirm this date and meeting time. I Mr. Post indicated Staff has assumed that Council wishes to continue the practice of scheduling I worksessions on the third Thursday of the month. Council concurred. Mr. Post noted one meeting scheduled for February 16, 1995 with all commission and committee I members. Mr. Post inquired if there is any comment from Council regarding this meeting. Mr. Post noted one conflict, the meeting of the Public Works and Safety committee which meets I on that date at 7:30 p.m. Mayor Probst indicated he would like all members to attend, he recomm,mded obtaining a I meeting room. Mayor Probst would like all members to be notified at least 10 days in advance. After a brief discussion Mayor Probst indicated he would like a worksession to be scheduled at I 5:30 p.m. at the Public Works Building with the meeting of commissions and committees to follow at 7:00 p.m. at the Army Reserve with refreshments. Mayor Probst indicated a twO hour meeting would be planned. I . -I I I I. ARDEN HILLS CITY COUNCIL - IANUARY 30 1995 9 I I COUNCIL COMMENTS I Council member Aplikowski extended congratulations to Mr. Fritsinger on his new position. Councilmember Aplikowski indicated she would not be present at the next City Council meeting I on February 13, 1995. Councilmember Malone noted a bill that is before the legislature that would shift tax revenue out I of the city once again. Council member Malone encouraged Council and residents to express their opinions to elected officials. Councilmember Malone indicated this bill would result in a 20%- 30% cut to City property tax revenues. I Councilmember Malone indicated residents would not see a change in their tax bill, but the I reduction of revenues the City would receive would require a reduction in expenses in areas such as Fire protection, Police protection and so on. I- Mayor Probst indicated he also had concern for this bill, he wished the Staff would draft a formal resolution that the City of Arden Hills is opposed to this bill and believe it to be unfair. Mayor Probst would like this resolution to be passed on to the City's representative and on to the I legislature. Mayor Probst indicated that another bill would impose a levy freeze potentially in addition to I the proposed revenue loss. Councilmember Malone also commented that the City has been contributing to the fiscal I disparities pool, but distributions from the pool have not equalled the contributions. I Mayor Probst indicated the Mounds View School District is conducting a community survey and has invited the surrounding cities to a meeting of which he will attend. I Mayor Probst indicated the Governor is moving forward with a National :Volunteer's week during the week of April 23 through April 29 and the Mayor would like to participate on the City level and thank the those voluntee,rs in the City. I Mayor Probst stated he has been invited to a Mayor's reception held by Mr. Coleman of St. Paul and he will not be able to attend and requested that the Acting Mayor, Councilmember Malone I attend if he is available. I- Mayor Probst noted he will not be able to attend the meeting on February 27, 1995. - I I ARDEN HIL.,LS CITY COUNCIL - TANUARY 30. 1995 10 .1 I Mayor Probst requested approval for expenditures to attend the National League of Cities meeting in Washington D.C., the Mayor noted he will already be in Norfolk, Virginia and the I meeting could be combined with this business trip. MOTION: Malone moved and Aplikowski seconded a motion to approve of reimbursement I of expenditures for the Mayor to attend the National League of Cities meeting in Washington, D.C. The motion was carried unanimously (5-0). I ADJOURN MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 8:50 I p.m. The motion carried unanimously (5-0). I I Dennis Probst Brian Fritsinger -I Mayor City Administrator NOTICE OF MEETINGS I The next regular Council meeting will be held February 13, 1995, at 7:30 p.m:, at New Brighton I City Hall. I I I I I - -I I I I. CITY OF ARDEN HILLS RAMSEY COUNTY I RESOLUTION NO. 95-14 I RESOLUTION APPROVING BINGO HALL LICENSE APPLICATION I NOW, THEREFORE, BE IT RESOLVED, that the City of Arden Hills agrees to approve the Bingo Hall (Pot-O-Gold) from Goldie K. Siedow, 3776 Connelly, Arden Hills, Minnesota. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I THIS 13TH DAY OF FEBRUARY, 1995. I DENNIS PROBST, MAYOR ATTEST: I BRlAN FRlTSINGER, CITY CLERK\ADMINISTRATOR I- I I I I I I I I- . . I I ' . . I. CITY OF ARDEN HILLS MEMORANDUM I DATE: February 8, 1995 I TO: Mayor and City Council I FROM: Dan Winkel, Public Works Superintendent O. vJ. SUBJECT: Review of Pay Estimate No.3 for the 1994 Street Improvements I I I have reviewed pay Estimate No.3 for the 1994 Street Improvements, and find all of the information to be correct The added cost item described by Mr. Stonehouse was a catch basin I and approximately 150 feet of storm sewer pipe that was installed to remedy a drainage problem on Dunlap Street North of Tiller Lane. I There are just a few remaining punchlist items that should be completed early this spring. The retained amount of $6,824.06 should be adequate to pay for the remaining punchlist items. I- A final inspection will be scheduled by late Mayor early June. DW\jt I I I I I I I I- . I -- . . . I \MS~ January 31, 1995 .1 File: 520-047.30 I IIIISII.TIII; [ll;IIEERS 1326 energy Park Drive Honorable Mayor and City Council . 51. Paul. MN 55108 City of Arden Hills 1450 West Highway 96 612644-4389 Arden Hills, MN 55112 . . f' - I . l,~_._"._-" 1800.888.2923 Fa>. 612.644.9446 RE: 1994 STREET IMPROVEMENTS !:'r.::) ;": '1 ........'.- . . . . PARTIAL PAY ESTIMATES I Dear Mayor and Council: Enclosed are three copies of Pay Estimate No. 3 for the referenced project. Based upon I the work completed to date, the total amount of Pay Estimate No.3 is $62,488.37 and a . portion of the retainage in the amount of $7.110.77 is being returned to the Contractor. This pay estimate includes the construction up to and. including the installation of all bituminous pavement, sodding, and boulevard restoration. I "::,',':L:NGiNE:;RiNG :,.,i!RCNMEN~AL Only a few punchlist items remain to be completed to final the project, at which time the "'\...\i;(:;:...L testing and the remainder of the retainage will be paid. The original contract cost was_. :..:.v","<G $331,521.36, and this amount was increased to $339,789.36 by a change order for :':_.:::1;5~: additional stonn sewer to correct a historic drainage problem, as requested by Public :-;.c.,~,,:,,_ Works. This pay estimate brings the total construction cost to $341,173.06, or I . . ',,~ approximately 0.4 % over the revised contract amount, due to additional restoration work -- required behind the curb. - ".: ~- ~ - ::::' I If this pay estimate meets with the Council's approval, it would be appropriate to make - --~ - - .- - ~-' - payment to Aschbach Construction, Inc. in the amount of $69,599.14. Please contact our :<'.::::~!';C. office if you have questions or require additional information regarding this project. I : ~.. :; ~':::: ;;- "", Sincerely, - "- ~'-"." .,~ . -- . I '. :-:.. ~:. \~;:_: MSA, CONSULTING ENGINEERS .~ I /' . ~ . . Gre~ehOuse, P.E. I GJS:tw Enclosures I ':,r:;:c::s IN cc: Mr. Brian Fritsinger, City Clerk! Administrator -. ,V.~';:--jEAFOUS Mr. Terr.iI1ce,Post, City Accountant ~;:CF_ J..r::: Mr. Dan Winkel, Public Works Superintendent Si ?AlJL 'NASEC.A 047~3104.jAn . .- - - I PARlIAL PA YIIEHT ESTIMATE I NO. 3 . FROM: OCTOBER 6. 1994 I TO: NOVEMBER 30. 1994 CONTRACTOR: ASHBACH CONSTRUCTION. INC. . ADDRESS: P.O. BOX 65736. ST. PAUL., MN S5l65 OWNER: CITY OF ARDEN HILlS. MINNESOTA PRO.JECT: 1994 STREET IMPROVEMENTS (S2D-047.30) I COMPLETION DATE AMOUNT OF CONTRACT: ORIGINAL: ORIGINAL S 331,521.36 REVISED: REVISED S 339,7a9.36 I CONTRACT ITEMS THIS PERIOD TOTAL TO DATE ITEM NO. DESCRIP110N UNIT QTY. UNIT AMOUNT AMDUNT PRICE I SCHEDULE 1.0 STREET IMPROVEMENTS 1 MILLING SY 27S 3.25 273.00 aa7.2S 273.00 887.25 2 COMMON EXCAVATION CY 3800 5.05 0.00 0.00 3.aoo.00 19.190.00 I 3 SUBGAAOE EXCAVATION CY 4800 5.00 263.00 1,315.00 5,063.00 2S.31 S. 00 4 SELECT GAANULAR BORROW (CV) CY 4800 5.55 0.00 0.00 4.8CO.OO 26.040.00 ..-: 4" DRAIN TILE LF 6050 1.25 0,00 0.00 4,400.00 5.500.00 I_ SUBGRAOE PREPARATION RDST A 38 129.00 0.00 0.00 38.00 4;02.00 7 CLASS 5 AGGREGATE BASE TN 5470 5.55 1,09S.70 7.266.41 5..565.70 43.50191 a 233"1 TYPE 31 BIT. BASE COURSe TN 1650 19.70 0.00 0.00 ,,534.05 30.237.33 I 9 2331 TYPE 41 BIT, \NEAR COURSE TN 1300 23.75 . ~41.03 27.099.46 ' 1~1.C3 27 ::9-9.46 " 1"ACK COAT GAL 690 ',20 aoo,co 360,00 3ao.C:: :5C.CC CONCRE72 CURB &. GuTTE~ - 6618 LF 764Q 5.35 0_00 '1.00 7_503.CC 4.44-:"7.35 6" CONCRETE DlW RESTORATION sy 785 27' as 149.00 4.030.45 . li1.CC 3Q,'Z52.55 I '3 2w BITUMINOUS OfW RESTQRA TION SY 525 ~s,ao $5.uo 1.501.00 304.00 ~ 2. -:-:3.20 ,. SODDING SY 3500 2. '5 5.020.00 ~2.943.00 5,nO.8C ~2.'343.00 '5 ADJUST MANHOLES EA 21 ~71_:)O 0.00 0_00 19.CO 3.2':9.00 I is ADJUST CATCH BASIN EA 14 J.7.JO 0.00 0.00 iO.C:O .!.7J.OO " CONSTRUCT CATCH BASIN EA 3 796.00 o.co 0.00 3.CQ 2.338.00 '8 : 5~ Rep, CLP.SS 111 LF 541 31.80 0.00 0.00 541.00 11.2C3.80 I '5 ..:l.DJUSTWATER VALVES EA 1 116.00 1.00 116.00 5.80 ':36.00 20 STORM SEWER REPL CASTINGS EA 3 315.00 0.00 0.00 0.00 CLOO ., CONC VALLEY GUTTER SF 150 3.40 133.00 452.20 283_00 ::-5;;:.20 22 RECONSTRUCT CATCH BASIN EA 11 318.00 0.00 0.00 D_......, J.CO "" I 23 RECONSTRUCT MANHOLE EA 2 6:3t5.0o 0.00 0.00 J.CO CLOD 24 SU8GAADE STD. PROCTOR TEST EA 1 77.00 0,00 0.00 0.1J0 J.CO 25 SUBGRADE IN.PLACE DENSITY TEST EA 8 18.00 0.00 0,00 0.00 0_00 I 28 CLASS 5 GRADATION TEST EA 3 70.00 0.00 0.00 0.00 HO 27 CLASS 5 PROCTOR TEST EA 1 70.00 0,00 0.00 C.:::C ace 28 CLASS S IN.PLACE DENSITY TEST EA 8 28.CO O.CO o.co 0.00 0.00 I 29 CONC. CYLINDER (SET OF 3) EA '0 55.00 0.00 0.00 0_00 0.00 30 BIT. E.XTRACTlON TEST EA 2 55.00 0_00 0.00 0.00 0.00 titBIT. GRADATION TEST EA 7 60.00 0.00 0.00 0.00 0.00 BIT. CORES IN.PLACE TEST EA 7 18.00 0.00 0.00 0.00 0.00 I - SIT NUC. DENSITY' TEST EA 6 139.00 0.00 0.00 o.co 0.00 34 EX?OSED AGGREGATE Dm SY 4S 36.00 2.00 72.00 47.00 1.592.00 I T SCHEOULE 1.0 STREET IMPROVEMENTS-TOTAL 56,662. n 311.230.25 520047.3. wk4 520-047-2: -.- I I SCHEDULE 2.0 I!EIniSON DRIVE IMPROVEMENTS I 1 PULVERIZINGlPLACING PAVEMENT SY 2490 3.00 0.00 0.00 2.542.00 7.926.00 2 REM. REPLACE CURB & GlITTER LF 240 11.45 0.00 0.00 218.00 2,496.10 3 233' TYPE 3' BIT. BASE COURSE TN 250 20.85 0.00 0.00 243.69 5.085.1' I 4 2331 TYPE 41 BIT. WEAR COURSE TN 250 24.90 233.96 S.825.60 233.96 S.625.60 S ADJUST MANHOLES EA 3 171.00 0.00 0.00 2.00 342.00 6 ADJUST WATER VALVES EA 1 115.00 0.00 0.00 0.00 0.00 I T SCHEDULE 2.0 KEITHSON DRIVE IMPROVEMENTS-TOTAL 5.825.60 21,574.61 SCHEOUlE 3.0 ADDITIONAL ITEMS I 1 15" Rep, CL III LF 260 31.80 0.00 0.00 260.00 8.268.00 T SCHEDULE 3.0 ADDITIONAL ITEMS 0.00 6.288.00 I TOTAL AMOUNT THIS PERIOD 62.488.37 I TOTAL AMOUNT TO DATE 341,173.06 I OESCRIPTlON TOTAL THIS PERIOO TOTAL TO OATE -I SCHEDULE 1.0 STREET lMPROVEMENTS-TOTAL 56.662. n 311.230.25 SCHEDULE 2.0 KEITH SON DRIVE IMPROVEMENTS-TOTAL 5.825.60 21.5i4.81 SCHEDULE 3.0 ADDITIONAL ITEMS a.co :3.25a.Oo I TOTAL THIS PERIOD TOTAL TO OATE ., I ,i I AMOUNT EARNED S62,488.37 $341.173.06 ;1 II AMOUNT RETAINED (57.110.77) S6.823.46 :1 MATERIAl ON SITE $0.00 SO.OO I , , MA TERlAl OEOUCT sO.oo SO.OO I PRE\I10US PAYMENTS $.254.750.46 I :AMOUNT DUE S69.599.14 $69.599.14 I I I -I I 520047.3.wk4 S20-047~2C I . . I. I hereby certify that all items and amounts shown by this pay estimate are correct for the work completed to date. I CONTRACTOR: ASH BACH CONSTRUCTION, INC. I ~~ BY: ~"'?~ "'<.0' / I ~ TITLE: ~ 7' I DATE: /-/01- ~- I Based on the ENGINEER'S on-site inspections as an experienced and qualified design professional and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his I knowledge and belief, that the quantities shown by this estimate are correct and that, based on such inspections and review, that the work has progressed to the point indicated (subject to an evaluation of such work as a --- I functioning Project upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor(s); but I. by recommending any payment, the ENGINEER will not thereby be deemed to have reviewed the means, methods, sequences, techniques, or proceedures of construction or safety precautions or programs incident thereto or that the ENGINEER has made any I examination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lein. claims. security I interests or encumbrances. or that the Contractor(s) have completed their work exactiy in accordance with the Contract Documents. I ENGINEER: MSA. CONSULTING ENGINE1;RS ~ BY: ::-: ., . TITLE: I DATE: "". '~19T -71 . Approved by Owner/Commission I CITY OF ARDEN HILLS, MINNESOTA BY: .- TITLE: DATE: I I . I. CITY OF ARDEN fiLLS I MEMORANDUM I DATE: February 10, 1995 TO: Mayor and City Council I FROM: Brian Fritsinger, Community Planning coordinator@ I SUBJECT: OneComm Corp. Lease Agreement I Attached the City Council will find a revised draft lease agreement with OneComm Corp. for the placement of antennas on the Red Fox Road water tower. I Staff has worked with the City Attorney to prepare this document. This lease is similar in regards to the existing agreement with ,Cellular One but, it does have several differences. The I Council should note the following details of the agreement: .e 1. It allows for the placement of antennas on the water tower. 2. It allows for the construction of an equipment building. 3. The term of the lease is for five (5) years with four (4) additional five (5) year I options. 4. The terms are as follows: 1 st five years = $750/mo I 2nd five years = $862/mo 3rd five years = $991/mo 4th five years = $1140/mo I 5th five years = $1311/mo 5. Tenant shall provide to the City two transportable telephones. I At the last meeting, several members of the Council expressed concern about the agreements apparent lack of language protecting the City from costs to repair damages created by the tenant. I Attorney Filla and Public Works Superintendent Dan Winkel have developed some language which should adequately address this concern. This language has not been included in the lease I but should be available at the meeting. The other language which has been requested by OneComm is as follows. It would be placed in I Section 6. Attorney Filla is researching the impact of this request and is expected to have a response by meeting time. I- . I ----- - . 1. Landlord acknowledges that it, and not Tenant, shall be responsible for .. compliance with all tower marking and lighting requirements that may be required . by the Federal Aviation Administration ("F AA") or the Federal Communications Commission "(FCC"). Landlord shall indemnifY and hold harmless Tenant and . its employees, officers and directors from any fines, costs and expenses, or other liabilities, including reasonable attorney's fees, caused by Landlord's failure to comply with such requirements. Furthermore, should Landlord be cited by either I the FCC or FAA because this site is not in compliance and if Landlord does not cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may terminate this lease immediately upon notice to Landlord and . no further amowlts shall be due and payable by Tenant to Landlord. The remainder of the contract is fairly standard and details items such as insurance coverage I requirements, termination, etc. Recommendation . Staff would recommend the City Council approve the lease agreement pending final approval from Attorney Filla and direct staff to execute all necessary documents and direct the applicant to work with the City Engineer to assure that all construction plans are reviewed prior to any work . being undertaken. BF\jt -. Enclosure I . . I . . . -. I I I. CITY OF ARDEN HILLS I ONECOMM CORPORATION WATER TOWER LEASE AGREEMENT I This Water Tower Lease Agreement (" this Lease") is dated the 1st day of February 1995 and entered into this ____ day of I -, 1995, by and between the CITY OF ARDEN HILLS, Minnesota a Minnesota municipal corporation with an address of 1450 West Highway 96, Arden Hills, MN 55112 ( "Landlord" ) and C-CALL Corp., I a Delaware Corporation, doing business as OneComm Corp. with an address of 4643 South Ulster Street, Suite 500, Denver CO 80237 ("Tenant") . I In consideration of the mutual undertakings herein I expressed, the parties agree as follows: l. Definitions. As used herein, the following terms shall I mean: a. Antenna Facilities. Means all equipment, personal I- property, including radio transmitting and receiving antenna as described on Exhibit "An attached. I b. Aooroved Site Plan and SUP. Means the site plan and Special Use Permit approved by the Arden Hills I City Council on the day of , illustrating Tenant's proposed use of the Property and the required improvements attached as Exhibit I liB n . I c. Commencement Date. Means the date on which the Landlord issues building permit. I d. Equipment Building-. Means a twelve (1"2) foot by twenty (20) foot brick building which matches the brick of the existing pumphouse, as illustrated on I the Approved Site Plan, attached as Exhibit B. I I- I I I e. Property. Means the certain parcel of property _. located in the State of Minnesota, County of . Ramsey, City of Arden Hills, commonly known as 1230 Red Fox Road, Arden Hills, Minnesota 55112. The legal description of the property is as . follows: North 240 feet of East 150 feet of NW 1\4 of . SE 1\4 (subj to Rd) in Section 27, TN 30, RN 23. . f. Water Tower. Means the existing City of Arden Hills Water Tower located on the Property as . illustrated on the Approved Site Plan and as further illustrated on Exhibit B attached. 2 . Leased Premises. Subject to the terms and conditions of . this lease, Landlord leases to Tenant and Tenant leases from Landlord those portions of the Water Tower and the Property . herein the tlLeased Premisesl1 as illustrated on the Water Tower plan illustrated on Exhibit B attached. -. 3 . Term. The term of this Lease shall be five (5) years, starting on the Commencement Date and terminating at midnight on I the fifth annual anniversary of the Commencement Date. Except as hereinafter provided, Tenant Landlord shall have the right to extend this lease for four (4) additional five (5) year terms . subject to all of the terms and conditions of the lease. This lease shall automatically be renewed for each successive renewal term unless either party provides (60 ) sixty days notice of an . intent to terminate the lease or renew the lease with revised terms. 4. E&n.t. . . a. Upon the Commencement Date, Tenant shall pay Landlord . as base rent the sum of $750.00 per month due and payable on the first ~ay of each month, in advance. If t~e Commencement Date occurs at a time other than on . the first day of the month, Rent shall be pro rated as of the Commencement Date through the end of the month . in advance to the City of Arden Hills at 1450 West Highway 96, Arden Hills, Minnesota. -. 2 . I I- b. On each five year anniversary of the Commencement Date I of the term of this Lease. The rent payabie by the Tenant, unless revised as detailed in paragraph three (3) , will be as follows: I The first five (5) year extension - Eight Hundred Sixty-two Dollars ($862) per month. I The second five (5) year extension - Nine Hundred and Ninety-One Dollars ($991) per month. I The third five (5) year extension - One Thousand I One Hundred and Forty Dollars ($1,140)per month. The fourth five (5) year extension - One Thousand I One Hundred and Thirty One Dollars ($1131) per month. I c. If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and, in the event of termination .- for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant. Tenant shall pay Landlord as additional rent any taxes or I other charges imposed on the Landlord or the Property as a result of Tenant's use of the Leased Premises. Additional rental charges shall be paid to Landlord I within 15 days of Landlord's written request. d. Tenant shall provide Landlord, on the later to occur of I thirty (30) days following the Commencement Date or activation of commercial service, with two ESMR I portable or transportable telephones. Said phones shall become the property of Landlord, including manufacturer's warranties that apply. Landlord shall . be responsible for the cost of maintenance: recurring service fees and airtime. I I Ie , . j I -------------------- ----- I s. I.I=. Tenant may use the Leased Premises for the .1 installation, operation, and maintenance of facilities for . the transmission and reception of radio communication signals in such frequencies as be it assigned to Tenant by . the Federal Communications Commission (the "FCC") and for the storage of related equipment in accordance with the terms of this Lease. Tenant shall use the leased premises . in compliance with all Federal, State and local laws and regulations. Landlord agrees to reasonably cooperate with Tenant in obtaining, at tenant's expense, any Federal . licenses and permits required for Tenants use of the Leased Premises. 6. Installation of Eq:ui];>ment and Leasehold Imnyovements; . Accp.ss' Uti1itip.s. a. Tenant shall have the right at its sole cost and . expense to install, operate, and maintain on the Water Tower portion of the Leased Premises Antenna I Facilities. Tenant's installation of Antenna Facilities and any subsequent moving of those -I facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. The Antenna Facilities shall . remain the exclusive property of Tenant, subject to the provisions of Paragraph 8 of this lease. b. Tenant may update or replace the Antenna Facilities . from time to time with the prior written approval of Landlord, provided that the replacement facilities are . not greater in number than the existing facilities and that their location on the leased portions of the Water Tower is satisfactory to the Landlord. Tenant shall . submit to Landlord a detailed proposal for any such replacement facilities, and any supplemental materials as may be reasonably requested, for Landlor'd' s I evaluation and approval, which approval shall not be unreasonably withheld. Any additions, alterations, or deletions of Antenna Facilities shall not alter the . terms and conditions of this Lease and shall meet with the conditions established in Special Use Permit #95-1. . 4 -. I -~._._-- --- ---- I I- c. Tenant shall have the right, at its sole cost and I expense, to i'nstall , operate and maintain an equipment building in accordance with the approved Site Plan. The Equipment Building shall be constructed in I accordance with the Approved Site Plan. The Equipment Building and all equipment stored or operated therein shall remain the exclusive property of Tenant, subject I to the provisions of Paragraph 8 of this lease. No equipment shall be stored on the property outside of the Equipment Building. I d. Tenant, at all times during this lease, shall have I vehicle ingress and egress over the Property and access to the Equipment Building and the Water Tower by means of the access roads shown on Exhibit B 24 hours I per day, 7 days per week from Red Fox Road. Tenant, at all times during this Lease, shall have e. I access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities and Equipment Building. Tenant shall have access, by .- authorized personnel, to the Water Tower portion of the Leased Premises only with the prior reasonable approval of the Landlord after one working day in the event of I an emergency, for which Tenant cannot give Landlord one working day notice reasonable notice shall be construed to mean contact, by telephone or otherwise, with the I Ramsey County Sheriff's Department and the Arden Hills Public Works Superintendent. Tenant shall provide I Landlord with a list of Tenant's authorized personnel. f. Tenant shall separately meter charges for the I consumption of electricity and other utilities associated with its use of the Leased Premises and shall pay all costs associated therewith. I g. Tenant shall provide Landlord with drawings of the Antenna Facilities and Equipment Building, which show I the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, I and Antenna Facilities actually placed on the Water Tower. I- 5 . ------- ---------------- ----------------- . h. Tenant shall have sole responsibility for the .. maintenance, repair, and security of its equipment, . personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. . 7. Interference. . a. Tenant's installation, operation and maintenance of its Antenna Facilities and Equipment Building shall not . damage or interfere in any way with Landlord's Water Tower operations or related repair and maintenance activities. Landlord, at all times during this lease, . reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Leased Premises and to I temporarily interfere with Tenant's transmission operations or remove any of Tenant's personal property, equipment, or Antenna Facilities as may be necessary in . order to carry out any such activities all at the Tenant's cost. Landlord agrees to give 30 days advance -. notice of any such activities to tenant and to reasonably cooperate with Tenant to carry out such activities in a manner that minimizes, to the extent reasonably possible, such temporary interference. . b. In the event Tenant's transmission operations interfere with any type of electronic reception or transmission . of other 9rior uses of the orooerty parties in the ourrounding ar~a, Tenant agrees to remedy such . interference in accordance with applicable regulations and standards of the FCC. Tenant warrants that it shall maintain all of its Antenna Facilities in full I compliance with all applicable regulations of the FCC. I . I 6 .. I I I. c. Landlord will not grant a lease to any party for use of the Property, if such use would cause measurable I interference with Tenant's operation of the System. Any future lease of the Property which permits the installation of communication equipment shall be . conditioned upon not causing measurable interference with Tenant's operation of its communications site. I Without limiting any other remedy in law or equity, Tenant shall have the right to terminate this Lease upon thirty (30) days' written notice in the event its . reception or transmission is interfered with by other antenna equipment, or obstacles are constructed or operated in Tenant's reception or transmission paths. I 8. Title To and Removal of Tenant's Equipment. Title to Tenant's equipment, and all improvements installed at and I affixed to the Leased Premises or Property by Tenant shall be and shall remain the property of Tenant. Landlord hereby waives any lien rights it may have or acquire with respect I to such property and shall promptly execute any document, required by any supplier, lessor, or lender of such property .- which waives any lien rights it may have or acquire with respect thereto. Tenant may, at any time, including any time it vacates the Leased Premises, remove Tenant's improvements, equipment, fixtures, and all of Tenant's I personal property from the Leased Premises, but Tenant shall not be required to remove any structural improvements to the I Water Tower required for the support of Tenant's equipment, nor any underground cable or conduit. Upon termination of this lease, Tenant shall transfer ownership of the Equipment I Building to Landlord. 9. Termination. I a. Except as otherwise provided in this Lease, this Lease may be terminated by one party upon sixty (60 ) days written notice to the other party as follows: I I . .- 7 I ------- . i. By either party upon a default of any covenant or .. term he~eof by the other party, which default is not cured within sixty (60) days of receipt of . written notice of default to the other party (without, however, limiting any other rights of . the parties pursuant to any other provisions hereof) ; ~~. By Tenant if it is unable to obtain or maintain . any license, permit, or other governmental approval necessary for the construction and/or . operation of the Antenna Facilities or the Leased Premises becomes unacceptable under the Tenant's design or engineering specifications for its . Antenna Facilities or the communication systems to which the Antenna Facilities belong; I iii. ULJon 180 davs notice to ~enant By Landlord if the Arden Hills City Council decides, in its sole . discretion and for any reason, to redevelop the Property and/or discontinue use of or remove the Water Tower; In such event, if a replacement Water -. Tower is constructed or the property is redeveloped in such a way that will accommodate Tenant's Equipment Building, Antennas and . appurtances, Tenant shall be allowed to construct it site on the Property under substantially similar terms as this lease. . iv. By Landlord if it determines, in its sole discretion and for any reason, that the Water . Tower is structurally unsound for use as a Water Tower, including but not limited to considerations of age of the structure, damage or destruction of I all or part of the Water Tower or the Property from any source or factors relating t~ condition . of the Property; or, v. Upon'QQ 34 days written notice by the Landlord, . upon receipt of a notice that Tenant's insurance coverages, as required by paragraph 10 of this Lease, have been cancelled unless Tenant obtains . insurance coveraoes within such 60 days. . 8 -. . I I. vi. By Landlord or Tenant upon expiration of the Lease I Agreement or any of the renewal terms. vii. By Landlord for failure by Tenant to pay any rent I required hereunder when due if such failure shall continue for more than ten (10) calendar days I after delivery to Tenant of Notice of such failure to make timely payment. I viii. By Landlord and Tenant if they determine by mutual agreement that the Water Tower is structurally unsound for Tenant's use for antenna facilities. I b. Upon termination of this Lease for any reason, Tenant shall transfer ownership of the Equipment Building to Lessor, I remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Water Tower and Property within sixty (60 ) days after the date of termination, and I shall restore the Water Tower and the Property to its original condition as of the commencement date at the sole I- cost and expense of the tenant; ordinary wear and tear excepted. Tenant's obligations to pay Rent shall continue during such sixty (60) day period. I 10. Insurance. I a. Tenant shall throughout the term of the Lease, maintain Comprehensive Liability Insurance, including premises\operations coverage, independent contractors I liability, completed operations coverage, and contractual operations coverage naming Landlord as an additional insured, protecting and indemnifying I Landlord and Tenant against claims and liabilities for injury, damage to persons or property, or for the loss of life or of property occurring on the Lea~ed Premises I resulting from any negligent act or omission of Tenant, its employees, agents, contractors and subcontractors. I Such insurance shall afford minimum protection of not less than $1,000,000 for injury to or death of anyone person, $2,000,000 for injury or death of two or more I persons, and $1,000,000 for other damages. I- 9 I --------- . b. Landlord shall maintain in full force and effect .- throughout the term of this lease fire and extended coverage, vandalism and malicious mischief insurance in . an amount equal to the full replacement cost of all improvements now or hereafter located on Landlord's . Property, excepting Lessee's equipment, personal property, trade fixtures and tenant improvements. c. Neither party shall be liable to the other (or to the . other's successors or assigns) for any loss or damage caused by any cause or hazard with respect to which . insurance is carried pursuant to this Section 10, and in the event of such insured loss, neither party's insurance company shall have a subrogated claim against . the other. d. All policies of insurance obtained by either party . pursuant to this Paragraph 10 shall include a clause or endorsement waiving the insurer's right of subrogation - against the other party. e. Tenant shall provide to Landlord, prior to the -. Commencement Date of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do - business in the State of Minnesota, which includes all coverages required in Paragraph 10 (a) above and contains evidence of the waiver of subrogation - contained in Paragraph 10 (d) above. Said certificate shall also provide that the coverage shall not be cancelled, nonrenewed, or materially changed without - Sixty (60) days prior written notice to Landlord. 1l. Damagp. or Destruction. If the Property or the Water - Tower are destroyed or damaged so as, in Tenant's judgement to hinder its effective use of the Antenna Facilities, Tenant may . elect to terminate this Lease upon Sixty ( 60) days written notice to Landlord. - . 10 -. - . I. 12. Condemnation. In the event the whole of the Property I is taken by eminent domain, the Lease shall terminate as of the date title to the Property vests in the condemning authority. In the event a portion of the Property is taken by eminent domain, I such that the Leased Premises are no longer usable as a communication site this Lease shall terminate as of the date of title transfer, unless Tenants equipment and improvements can be I relocated to another position on the Property acceptable to Tenant and Landlord. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of I the award paid for the taking and Landlord shall receive the full amount of such award, Tenant hereby expressly waiving any right or claim to any portion thereof. Although all damages, whether I awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belong to Landlord, Tenant I shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and I all damage to Tenant's business by reason of the taking and for or on account of any cost or loss which Tenant might incur for removing or relocating its equipment, personal property, Antenna I- Facilities, and leasehold improvements. 13 . Indemnification. Each party shall indemnify, hold I harmless and defend the other party from any and all loss, damage, cost or expense (including attorney's fees) arising out of the breach of any covenant or warranty made under this Lease I and further, Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, I costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses I of litigation, which may be asserted against or incurred by the Landlord or for which the Landlord may be held liable, which arise from the negligence, willful misconduct of Tenant's agents . or employees in the, or performance of this Lease or ~rom the installation, operation, use, maintenance, repair, removal, or presence of Tenant's transmission facilities on the Property and I the Water Tower, and specifically including the representations and warranties of paragraph 15 of this Lease. I .- II I ----------- . . The foregoing notwithstanding, nothing herein shall limit the . liability of either party for its own gross negligence or willful I misconduct. Except for the acts of Landlord and Landlord's agents or employees Landlord shall not be liable to Tenant for any loss or damages arising out of personal injuries or property . damage on the Leased Premises. Tenant's obligation under this Section 13 to indemnify and hold Landlord harmless shall be limited to the sum that exceeds the amount of insurance proceeds, . if any, received by Landlord. Landlord's obligations under this paragraph to indemnify and hold Tenant harmless shall be limited I to the greater of the amount of insurance coverage carried for such liability by Landlord or the statutory limitations of the Minnesota Municipal Tort Liability Act, but only to the extent . that such amount exceeds the amount of insurance proceeds, if any, received by Tenant. 14. Notices. All notices, requests, demands, and other I communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return I receipt requested, to the following addresses: If to Landlord, to: City of Arden Hills -. 1450 W. Highway 96 Arden Hills, MN 55112 ATTENTION: City Administrator . If to Tenant to: OneComm Corporation . 643 South Ulster Street Suite 500 Denver, Colorado 80237 I ATTENTION: General Counsel and: . Paul B. Albritton Mackenzie & Albritton I One Post Street Suite 500 San Francisco, CA 94101 . I 12 -. . I I. 15. Presentations and Warranties. I Landlord represents that: a. I i. It has full right, power, and authority to execute this Lease; and I ii. It has good and unencumbered title of the Property free and clear of any liens or I mortgages. Landlord warrants that Tenant shall have the quiet enjoyment of the Property during the term of this Lease in I accordance with its terms. 16. Assianment. Tenant may not assign this Lease without I Landlord's prior written consent, which consent shall not be unreasonably withheld, but may, without such consent, and so long as Tenant shall remain liable for the performance of Tenant's I obligations hereunder, assign this Lease in whole or in part; (i) as security for Tenant's performance of obligations incurred in I- order to make improvements to the Leased Premises, or (ii) to any entity controlling, controlled by or under common control with Tenant. Not withstanding the foregoing, Tenant may assign or I sublet its interest in this Lease or may assign or sublet the Leased Premises, or any portion thereof, without Lessors consent, to any entity which controls, is controlled by, or is under the I common control with Tenant, or to any entity resulting from any merger or consolidation with Tenant, or to any partner of Tenant or to any partnership in which Tenant is a general partner or to I any person or entity which acquires all the assets of Tenant as a going concern or to any entity which obtains a security interest In a substantial portion of Tenants assets. Landlord hereby I consents the assignment by Tenant of its rights under this Lease as collateral security to any entity which provides financing for I the purchase of the equipment to be installed at the Leased Premises. Any assignment other than in accordance with this section shall be voidable by Landlord sixty (60) days after I Landlord acquires knowledge of such assignment, during which period, Landlord shall have the option to terminate this Lease. I I- . 13 I ----- ---- --------------- ---------- ----- --------- . 17. Hazardous Substances. Tenant agrees that it will not .. use, genera'te, store or dispose of any Hazardous Material I (defined Herein) on, under, about or within the Property in violation of any law or regulation. Tenant represents and warrants that its equipment, personal property, and Antenna I Facilities, and any of their component parts or byproducts, do not constitute hazardous wastes or substances under State or Federal laws. Tenant further represents and warrants that, in I the event of breakage, leakage, incineration, or other calamity, neither its equipment, personal property, or Antenna Facilities, I nor any of their component parts or byproducts, would constitute such hazardous wastes or substances. Lessor represents warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, I any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in I violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to, use generate, store or dispose of any Hazardous Material on, under, about or within the . Property in violation of any law or regulation. Lessor and Tenant each agree to defend, indemnify and hold harmless the -. other and other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and\or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in I this Section. As used in this Section, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any I substance known by the state in which the Property is located to cause cancer and\or reproductive toxicity and\or any substance, chemical or waste that is identified as hazardous, toxic or . dangerous in any applicable federal, state or local law or regulation. 18. Miscellaneous. I a. Each party agrees to furnish to the other, within I ten (10 ) days after request, such truthful estoppel information as the other may reasonably request. I I 14 -. . I I. b. This Lease and the attached Special Use Permit I constitute the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any kind. I There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing I and executed by both parties. c. This lease shall be construed in accordance with I the laws of the State of Minnesota. d. If any term of this lease is found to be void or I invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. I Tenant agrees to pay Landlord all reasonable e. I expenses incurred by Landlord in reviewing this Lease, amendments to the Lease proposed by the Tenant, or in reviewing any other matters which .- require Landlord's review, consent, or approval pursuant to the terms of this Lease. The expenses referred to herein shall be itemized and may I include engineering, legal, and other administrative expenses, but shall not exceed $1,000.00 in connection with the City's initial I review or $200.00 in connection with any subsequent review. I f. Landlord shall not unreasonably withhold or delay any approvals and consents reserved to it under I this Lease. If Tenant holds over after this Lease has been g. I terminated, the tenancy shall be month~to-month, subject to the provisions of this Lease. I h. Any waiver of any right contained in this Lease must be in writing and signed by the waiving party. I I- 15 I ----- -------- -------- I .- i. The prevailing party in any action or proceeding I brought to enforce this Lease shall be entitled to recover its reasonable attorney's fees, costs, and I expenses in connection with such action or proceeding from the other party. j . The parties agree to execute a Memorandum of Lease . and\or a Memorandum of Commencement hereof in form appropriate for recording in the county in which . the Property is situated. I I I .. . I - . I I . 16 -. . ---------- ------------ I I. In witness hereof, the parties have set their hands. I LANDLORD: CITY OF ARDEN HILLS I Pursuant to City BY: Council authorization Dennis Probst I granted the ____ Its Mayor day of , 1995. BY: I Terry Post Its Acting City Administrator I TENANT: C-CALL Corp, a Delaware Corp. By authorization BY: I of its the ____ day of , 1995. Its I Ie I I I I I I I I- . 17 I 12121/94 08:40 '8'612 853 0827 OneComm ,)fpls ~OO2 I .- CPS ANlONNAS I OIINI ANTENNAS IoIQUN TED TO I PIPE RAlUNG I l.3'O. ~ (3) OIINI ANlONNAS DB 810 - ~5. I I AROE~1 HILLS - I I - LOW I CONTROL . . -- l l.E1IEL INTERNAl. LADDER -. ODD f'UTURE PANt!. ANTENNA LOCAllONS I I I NOTE: PAINT ALL A TTAOtMENTS I TO TOWER TO "A TCH I (XJSTING PAINT COlOR I I I . I CLUSTER IIOUNT P BRACKETS 0 3'0' O.c. 5 ! I - I I HEUAX AND COAX CABLES MOUNTED I ON WAIlECUIOE CLUSlaf A TTAOiMEN r BRACKET I I I BRICK SHELTER II I WAl/EGUfOE TO !lATCH N I 8R10GE EXlSTINC OTY PUMPHOUSE A I ~ATION~ I 316. : to. j ~ TO....!.--12.0.---!. SO'O. - 80mm I ,..aa .... ... ..... .-- ..- .... .... _ Hl1Io KCA M'" ........... I I_- I ,.. "".~......--- u..-:- ......... I . .~K. .. ... -.- --- I LAMPERT ARCHITECTS 3.781:3925 P.02 I ;11 l '" 4 6' HIGH o. I ~ON'FERS !" ~ CEA PUNCENS !" COLORAOO SPRUCE I ERWNT gONCRETE 20' S.B. 'JERFLOW I I ~~ OMNI TENNAS PROPOSED I ONECOMM SHELTER FUWRE PANEL N~W ANTENNAS I '" 10 ROAO 0 ...... DOOR !=> 0 0 H. DOOR I I I CITY PUMPHOUSE I \ \ PROPERTY L1NE~ I \L -- 150.00 I I I I RED FOX ROAD I ROAO OESIGN 2" MnOOT 2331 TYPE "41" BIWMINOUS I'IEAR COURSE 6" COMPACTED CLASS 5 BASE 100" CRUSHED MnOOT 31.38 I EB SITE PIAN N ,. ~ 30'0" PLOT PLAN I IlBW ... ,. ...... .-- --... ...... HIIIo I..I".JIIT a1Q11ECTS KCA 01.12 1-...... I ,--- I -z:--=:.. :. I .~iII'I' a-::- -~ ...."..-- -.- -- -- .- - --------- . STATE OF MINNESOTA _. COUNTY OF RAMSEY .CITY OF ARDEN HILLS . SPECIAL USE PERMIT CASE NO. 95-1 The undersigned, Administrator for the City of Arden . Hills (herein IrCityl') certifies as follows: 1. That an application for a Special Use Permit was . submitted by C-Call Corp., a Delaware Corporation ( "C- Call" ) doing business as One Comm Corp., (herein . Irpermiteeslf ) requesting that the City issue a Special Use Permit which will allow the Permittee to install, operate and place receiving antennas on the roof of the . municipal water tower located at 1230 Red Fox Road in strict conformance with plans, specifications, . narrative and pic~orial descriptions, sketches, transparencies, planning reports and other documentation submitted to and filed with the City in . connection with the above referenced Planning Case. The parcel is located at 1230 Red Fox Road on the following described real property situated in Ramsey -. County, Minnesota, to-wit: Nor~h 240 feet of East 150 feet of NW 1/4 of SE . 1/4 (subj to Rd) in Section 27, Township, 30, Range 23, Ramsey County, Minnesota. 2. That such application complied with the City's zoning . regulations; 3. That the application was reviewed by the City's . Planning Commission on the 4th day of January, 1995; and, . 4. That the application, supporting data, and Plannir.c: - . Commission's recommer.dations were reviewed by the City Council on the _ day of 1995, at which ti:ne the City Council granted the Special Use Permit . '.oJhich allows the Permittee, its successors and assigns, to install, operace and replace receivi~g antennas subject to the following conditions: . -. . ---.--...- I I. Special Use Permit Case #95-1 Page 2 12/27/94 4.1 The equipment building shall be screened as I proposed in the Site Plan and additional trees be - planted as amended on the plan. I 4,2 The antennas, panels and mounting brackets shall all be painted to match the color of the tower. I d ' No welding shall be done on the water tower tank - . ,j or shell without the written approval of the City. I 4.4 The antennas shall not exceed a height of 15 r 6 II above the top of the water tower. I 4.5 A lease agreement shall be maintained with the City of Arden Hills which details rent payments I and other specific requirements of the City. If at any time, the lease shall be terminated or expire, the SUP shall be reviewed and the City may I impose other restrictions or conditions as warranted including revocation of permit. I- S. ~DY violation by Permittee, its successors or assigns, of the provisions of this Special Use Permit shall be I deemed a violation of the Arden Hills Zoning Regulations entitling the City of the various remedies provided therein. I 6. A certified copy of the Special Use Permit shall be filed by the City Administrator with the Ramsey County I ~ecorder or Reg~strar of Titles. If the Subj ect Property is torrens, the Permittee shall provide the City with the Owner's Duplicate Certificate of Title in I order to allow the City to file a certified copy of this Special Use Permit. I 7. ':Che invalidity of any condition, limitation. provisions, paragraph, sentence or clause in the Permit shall :lOt impair or affect in any manner the validity, I enforceability or effect of the remaining provisions of the Special Use Permit. I I - . I -- .-- ----- ----------------- , , , . Special Use Permit Case #95-1 Page 3 12/27/94 .. Dated the day of 1995. . CITY OF ARDEN HILLS . BY: Terry Post Acting City Administrator . BY: Representative C-Call Corp. . . . . -. . . . . . . . -. . I > . I. CITY OF ARDEN HILLS MEMORANDUM I DATE: February 9, 1995 I TO: Mayor and City Council I FROM: Dan Winkel, Public Works Superintendent lJ.vJ. SUBJECT: 1995 Pavement Improvements I Staff has reviewed the 1992 pavement ratings for all City streets and have developed a 1995 Pavement Improvement project. The scope of the proposed project is outlined in a letter from I City Engineer, Greg Stonehouse. I As noted in Mr. Stonehouse's letter, staff has listed a primary program with alternate streets included, should Council decide not to proceed with a street for any reason. I Council should be aware that Stowe Avenue is also included in this Feasibility Study. Staff has been discussing with Ramsey County the need to turn back this street so that an improvement project could take place. Staff will receive the proposed resolutions to turn back Stowe Avenue I- within the next two weeks. It is important to include Stowe Ave. in the Feasibility Study at this time if a project is to be completed this year. I Staff will have a presentation ready for the Public Hearing on all of these streets. The presentation will include a description of the pavement management program outlining how all of the streets are rated. I DW\jt I I I I I I- . I , '. . CITY OF ARDEN HILLS .. RAMSEY COUNTY RESOLUTION NO. 95-15 . A RESOLUTION ORDERING A PRELIMINARY FEASIBILITY REPORT . IN THE MATTER OF THE 1995 SEALCOAT, OVERLAY, AND RECONSTRUCTION PROJECT . WHEREAS, the Ci1y has determined that is should consider improving certain property by . completing the 1995 Sealcoat, Overlay, and Reconstruction Project; and WHEREAS, Council must first secure a preliminary feasibility study in order to consider . making the improvement. . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden Hills, . Minnesota: This matter shall be referred to MSA, Consulting Engineers, who is requested to provide -. to the City Council a report advising, in a preliminary way, whether the proposed improvement is feasible and whether the improvement should thus be made as proposed . or in connection with some other improvement and the estimated cost of the improvement as recommended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS . THIS 13TH DAY OF FEBRUARY, 1995. . DENNIS PROBST, MAYOR . ATTEST: BRIAN FRITSINGER, CITY ADMINISTRATOR . . . -. . I r-"--'--"--~ l.aI~ i"'. .~ . .'- February 7, 1995 I I'II\SII,TI\I: Eli:I\f:f:ns '--FR' File: 520-055-70 ., - u g 1Q0'- '-""':1 ,'~ I 1326 Energy Park Drive (fry 51. Paul. MN 55\08 Mr. Dan Winkel 612.644.4389 City of Arden Hills I 1-800.8882923 1450 W. Highway 96 fa, 612'644-9446 Arden Hills, MN 55112 I RE: 1995 STREET IMPROVEMENTS I Dear Dan: As discussed during our meeting on December 3, 1995, we have prepared a revised list of I streets requiring maintenance in the form of a seal coating or a bituminous overlay. This list was prepared using past pavement ratings and on-site evaluation by our staff. Through this analysis, the current street ratings (which are now three years old in 1995) will be I C:V:,- :NGir'-J::\iNG sufficient for determining the streets requiring maintenance this summer. :'-j\!,WNMU,it.L ..\UNICiPAL The primary function of this system is to assist the City in planning street improvement I ?'.ANNING programs so that Arden Hills can address potentially major street problems before they actually occur. It is vital to this system's operation that the City maintain and improve SCUD WASTE SPUCTURAL existing streets prior to their decline in order to avoid the high expense of reconstruction. I SURVEvli-.JG TRAf:{ Streets requiring attention this year are listed below with their respective lengths and the I 7,,,NSFC'RT;.r::;1-.; type of maintenance required. As you may note, we have primarily selected streets within the southern half of the City in an effort to minimize Contractor mobilization costs and, HEC:'::Ct.L,~\:(:- ,!.~,C.:., therefore, the total project cost to the City. A list of alternate streets is also enclosed for ENG '-,::~ING consideration if any streets on the priority list are delayed for any reason. It would be our I ;.<V;.': recommendation to include all of these streets in the feasibility study to allow additions and FC','i:~ )!5~R eu~:c-, deletions as dictated by the public hearing process. 5c,:.:,;, I 5'/5-:;,',' CC<~,;'~~S Street From To Length Cost Seal Coat I Arden Place Snelling Avenue G1enarden Road 1,236 ft $5,600 Forest Lane Snelling Avenue GJenarden Road 1,070 ft $4,300 Skiles Lane Snelling Avenue GJenarden Road. 885 ft $3,200 I GJenarden Ct. Snelling Avenue Skiles Lane 1,029 ft $4,200 Cummings Ln. Snelling Avenue Highway 51 578 ft $2,200 Siems Court lake Johanna Blvd. Dead End South 1,596 ft $'i 400 . I OFFICES IN Estimated Seal Coat Total $24,900 elNNEAPOllS I PRIOR LAKE . ST. PAUL I WA5ECA . Mr. Dan Winkel _. February 7, 1995 . Page Two Street From To Length Cost . Overlay Ridgewood Ct. Ridgewood Rd. Dead End South 831 ft $10,500 Ridgewood Rd. Arden Place Lake Johanna Blvd. 1,378 ft $24,900 . Lametti Circle Dead End South Lametti Lane 180 ft $4,100 Asbury Avenue South City Limits Edgewater Lane 950 ft $19,400 Shorewood Drive Lake Johanna Blvd. Dead End North 1,872 ft $35,IOO . Prior Avenue County Road D Jerrold Avenue 1,300 ft $24,700 Jerrold Avenue Dead End West New Brighton Rd. 1,416 ft $29,500 Beckman Avenue Dead End West New Brighton Rd. 890 ft $l/l.ROO . &timated Overlay Cost Total $165,000 . Alternates - Seal Coat Sandeen Road Lake Johanna Blvd. Lake Johanna Blvd. 1,050 ft $4,200 . James Lane Cleveland Avenue Dead End East 1,075 ft $4,300 Noble Road New Brighton Rd. Fairview Ave. 1,150 ft $5,200 Alternates - Overlay -. Benton Way Harriet Avenue Harriet Avenue 2,378 ft $48,000 Harriet Avenue Pine Tree Drive Lexington A venue 1,250 ft $28,000 . Connely Avenue County Road E County Road E 1,050 ft $19,000 This presents approximately $14,000 in seal coat alternates and $95,000 in overlay . alternates, all of which lie within the vicinity of the proposed project. If the City would desire to complete work in the northern portion of the City rnther than the southern portion, a similar list can be compiled for that purpose. . Based upon the costs presented above, the total project cost is estimated at approximately . $190,000; however, as 50% of the overlay cost would be assessed to abutting property owners in accordance with the City's assessment manual, the total cost to the City is estimated at approximately $107,400. . We also recommend the inclusion of Stowe Avenue in this Feasibility Study. As it is anticipated that Ramsey County will turn Stowe Avenue back to the City of Arden Hills in . 1995, this would allow the City to maintain a schedule that could complete the Stowe A venue reconstruction this summer. The estimated project cost of Stowe Avenue is approximately $142,000. . -. I - .- I . . - I- Mr. Dan Winkel I February 7, 1995 Page Three I We hope this letter adequately addresses your needs with regards to this issue. Please contact our office if you feel other streets on the Pavement Management System should be addressed in 1995 in place of any listed above. I Sincerely, I MSA, CONSULTING ENGINEERS I I GJS:tw OSS-<J713.feb I I- I I I I I I I I- I I I. I I February 2nd, 1995 - - .. . I City of Aden Hills ~::-p n ,"\ '!1""'l~ City Council '-:.. ..11 ...;\...j 11>50 West Highway 96 Aden Hills. MN 55112 ,"''1''\( ~r I ..,' I '.n '.. I Dear Council. T have heard some disturbing rumors about the Columbia bus barns ~ I across from the high school on county road F and what is going to happen to county road F itself. r would like to turn the rumors into an understanding of what is happening and what the issues are. I would also like to have the opportunity to glve some I input before a direction lS taken and decisions are made. .- Could you explain the process a little so that I can understand how decisions will be made. Could you notify me when discussions about these issues will be I coming up for discussion in committees or council meetings. - am not interested in being <3..n antagonist but a supporter of a plan that makes sense for Aden Hills at large. the local I corrununi ty that will be direct2.y affected, the bus 'company ane Ramsey County. I There does seem to be a problem with county road F and that is very high levels of traffic from the high school and bus barn at two peak times during school days. The morning also correlates with rush hour and traffic from the Bethel Fountain Terrace I residence. On weekends. vacations and during the summer it could just as well be a quiet residential street. One goal and object should be to reduce the amount of traffic at peak times. Some I suggestions include: alternate parking for the hig~ school. staggered time schedule for the high school. a bus only entrance to the on ramp to 694 east that would be gate controlled and only open .. ~\ . and afternoon ( the on ramp could be metered In ,--...18 mornlng I a1: these times) . a service road from E2 1:0 F (an extension of Cleavland) . I There also seem to be environmental considerations in that the Duses seem to use large amoun1:S automotive chemicals and emit I. high levels or pollution during warmup periods. The repal..Y'" =a.~ilities are noC. unlike a huge se:::vJ..ce stati'.Jn. We should cons ide!:" setting goals' to l.mprove and protect the en\' iror..rnent. r would be 5urprised .~ the repai::- facility lS not already an l. enviror.....rr.ental problem from the spill of leaded and unleaded I I . .. .Euels. oils, lubJ.-icants and other automotive chemicals. I think . that this should be determined if has not already been done and there should be requirements to protect the environment. I would . like access to a copy of the environrnen1:al work if it has been done. Should the buses have electric heaters for warmup? Should the gas pumps be 'lented like they are in California since the facility - ~ adjacent to the high school? Should the fuel tanks . ~~ be upg::.-aded to current standards to protect the ground and water? w11at can be done to prevent leaking fuel, oil, lubricants etc. from dropping on the ground, accumulating and eventually seeping . into t.he ground and water? I am also concerned that bussing could be significantly reduced in the future because of policy or funding changes. What happens . if Colu.."!"',bia walks away leaving a di3aster behind. Arden Hills could be stuck wi1:h difficul1: and expensive problem. Should there not be some kind of environmental bond required. . Since:.:'ely, r' . '~ --~-C& '- - ~---t/\,---" -. Paul Tavernier 1651 t..Jest County Road F Arden Hills, MN 55112 . (";f~ - 62.?-'f ') / . . . , . . . - -. . ., - --- I (Q~ (j) ) l t Independent School District No. 621 I ~~21l ~2~~.~~.~~~1.~~~~~~~~~ . Dr. Burton M. Nygren, Superintendent I I School Board David Stimpson January 26, 1995 Chair I Marre Jo Sager Via Chair Lynda Tborland Mayor Dennis Probst and Members of the Council City of Arden Hills '., I Clerk Brian Amundsen 1450 West Hi9hway #96 Arden Hills, MN 55112 '""", '] Treasur~r C c" i f} ','''" " '.-1,'" ,. I CIndy Andenon Mayor Probst and Council Members: Director ,,". Joellen Johnson It has been a while since the School Board members of District 621 Director I Harold Kurtz. have had the opportunity to meet with you. We have gotten together Dir<<ror from time to time over the years, and I think these meetings have been helpful in maintaining good working relationships. I Our Board would very much like to meet informally with you to discuss mutual concerns and talk about any current and future issues in our .- commun ity. On behalf of the School Board, I invite you to meet with us from 6:30- 7:15 p.m, on March 13. The meeting will be held the New Brighton City I Hall Council Chambers. If there are specific topics you would like to have addressed or for which you would like more information, please call Superintendent Burt I Nygren at 636-3650 or me at 482-9631. Sincerely, I j)~S~O"h. David L. Stimpson, Chair I Mounds View School Board cc: Board Members I Superintendent Nygren Deputy Superintendent Witthuhn Brian Fritsinger, Arden Hills City Administrator I I I- Serving the communities of Arden Hills. Mounds View. New Brighton. North Oaks . Roseville . Shoreview . Vadnais Heights I Equal Opp:Jt1unity for Education and Employment . .. Department of Public Works ENGINEERING/OPERATIO. . Paul L. Kirkwold, P.E., Director and County Engineer ~ ADMINISTRATIONILAND SURVEY 3377 N. Rice Street 50 West Kellogg Blvd., Suite 910 Shoreview, MN 55126 . RAMSEY COUNTY St. Paui, ;IN 55102 . (612) 266.2600. Fax 266-2615 (612) 484-9104 . Fax 482-5232 February 7, 1995 , .., . Brian Fritzsinger FE? q ~~ . City of Arden Hills ---,- 1450 W. Highway 96 Arden Hills, MN 55112 . Subject: Turnback of Trunk Highway 96 As you are aware, Ramsey County has been \lorking with the Minnesota Department of . Transporta tion to transfer jurisdiction over Trunk Highway % from the State to the County. The iden t ified lfturnback" segment extends from Trunk Highway 61 in IIhi te Bear Lake to Old Highway 8 in New Brighton. . The turnback process was formally completed on January 26, 1995 -- placing the iden t1 tied highway segment on the County State Aid Highway (CSAH) system. Under Ramsey County jurisdiction the roadway will be known as County Road G (CSAH 96). . MnDOT will con tinue to provide routine maintenance (snow and ice control, culvert/ditch cleaning, traffic signs/device repair, rninor bituminous or gravel patching, etc.) _. County Road G through April 30, 1995. MnDOT is in the process of writing individu signal and lighting agreements for facilities affected by the turnback. Ramse/ County has assumed responsibility for all permits. . This is a high priori ty roadway on the Ramsey County system and improvements to the existing facility are eligible for CSAH turn back funds. Building upon previous work by MnDOT, County Road G east of Whi te Bear Parkway will be reconstructed. beginning this . summer. Ramsey County will also be moving qui ckly to facilitate a full evalu8tion of transportation issues and needs for Coun ty Road G wes t of \lhite Bear Parkway. A task force made up of representatives of Ramsey County, the Minnesota Departmen t of Transportation, the Twin City Army and Ammunition Plant, the Town of \ihite Bear, and the . Cities of New Brigh ton, Arden Hi lls, Shoreviev, Vadnais Heights, North Oaks and I,hi te Bear Lake will develop a Concept Report over the next 10-12 months to guide future improvements. . This is an exciting opportunity to bring abou t long need ed improvements to former Trunk Highway 96. lie look for-.ard to working with you to develop and ~mplemen t Bppl OP'" ia te . improvement plans to better serve our communities and the traveling public. Please relay this notification to ~our staff and council/board members. If you have any questions, feel free to call me at 482-5203. . Sinc.erely yours, . ~7,~ -. ~ E. Tolaas, P.E. Project Manager Minnesota's First Home Rule County . ',I,n,."j ,,,, "','v"It',II)~\lI'r ....II~ ~ flllllllTIllITl of 11)':1; 1"''''''"nsiIlIlN '-""""I!I .~ I I. CITY OF ARDEN HILLS I MEMORANDUM I DATE: February 9, 1995 I TQ, tiiJ Bri,. F,;.i.,,,, Ci" Admi..,,,,", FROM j(r-f Terrance R. Post, City Accountant I SUBJECT: Review of LMCIT Property/Casualty and Excess Liability Costs I With Council being asked to approve the 1995 liability coverage payment to the League of Minnesota Cities Insurance Trust (LMCIT) in the amount of $64,483.00, at the 2/13/95 I Council meeting, I thought it would be beneficial to review the recent cost history for this budget expendirure element. I 1. Cost Allocation Beginning in 1992, liability insurance costs have been divided equally between the General Fund (#101); the Water utility (#602); and the Sanitary Sewer utility .e (#602). Dividends have also been distributed on the same basis that costs were allocated. I 2. Gross CostlDividend Historv (without respect to allocations between the three funds noted above) Percent Chg. I Year Total Premium from previous vr. Dividend Net Cost 1992 $69,354 8.6% $(24,646) $44,708 I 1993 63,639 (8.2%) (21,339) 42,300 1994 61,545 (3.3%) (25,947) 35,598 1995 64,483 4.8% * * I *Not yet determined I 3. 1995 Bud~et vs. Actual Property/Casually and Excess Liability costs (AlC #3610 and iVC #3615) are I budgeted at $65.030 in 1995, With gross cos1 actual at $6{483. it appears that a 5547 or .8% positive variance has occurred. I As in prior years, no LMCIT dividend revenue was budgeted in 1995 because of the uncertainty of this revenue source. Dividends are available as a result of I- positive group claims experience and not able to be estimated eighteen months in advance. I I iJOM 1W~ I. CITY OF ARDEN fiLLS 1&4 e MEMORANDUM ~ I DATE: February 10, 1995 ~ . TO: Mayor and City Council (\~ Brian Fritsinger, City Administrat~ I FROM: SUBJECT: Arden Hills Gateway Business District I The purpose of this memorandum is to set forth the staff recommendations concerning the latest I expression of the terms and conditions under which Everest Development has stated that it is willing to proceed to develop the proposed business park project. The following addresses, in the order set forth in Everest's January 30, 1995 letter, the points raised in the letter: I 1. The first item in the January 30th letter is merely a statement of the build-out assumptions used by Everest in its proposal. Neither staff nor Everest believe that this schedule will I be the schedule on which the buildings will actually be built. 2. Staff supports 1he use of tax-exempt bonds to fund the public improvements if the bonds .- can be sold tax-exempt, and still allow the City to obtain sufficient security to ensure that the debt service on the bonds will be generated. Staff discussions to date with bond attorneys indicate that bonds guaranteed by Everest may have to be sold as taxable bonds. I However, we are still exploring ways in which the bonds might be structured to allow them to be tax exempt. Related to this item, staff has recently become aware that, depending on the final site configuration of Everest's development, it may be necessary to I relocate a main sewer line running through the property. If necessary, the cost of such a relocation could be between $750,000 and $1,000,000. Any agreement be1ween the City I and Everest needs to anticipate this possibility. , Staff supports the concept expressed in item 3 that Everest will be responsible for ~. I assembling the site but that the City will use its powers of eminent domain if necessary. This assumes that we can reach agreement on a process by which the City, in its condemnation of parcels, will not be financially at risk. Also, Everest expressed its I desire to be able to stop a condemnation if the cost of the land is determined to be excessive. Given that desire, a number of difficult timing issues arise that must be handled in a development agreement. I 4. Item 4 discussed the proposed allocation of tax increment. As the Council is aware, one of staffs main concerns wilh the proposal is the absence of any cap on the amount of tax I increment that may be recovered by Everest. Everest's desire is to be able to hit a "home run" if it is more successful in developing the project than anticipated. Our response to I- that is that it should be possible to define what is meant by a "home run". That definition I . should relate to a lowering of Everes1's land cost per square foot to a specified level. .. Another concept that has arisen in connection with the allocation of tax increment is Everest's slatement that if the assistance is capped then the City should be willing to share . in the risk of a slower project development. To take both factors into account, Staff believes that the City should consider the following schedule of application of tax increment from Everest's development. . (a) First, tax increment is applied as necessary to pay debt service on the public improvement bonds. Given the discussion in item 2 above about . the sewer line and the possibility of other unknown costs, tax increment from the first two buildings may not be enough and the pledge should be . all tax increment necessary to pay debt service. (b) Second, 2 1\2% of the tax increment is applied to the City's administrative . costs. (c) Third, tax increment is allocated to the developer's documented qualifying . redevelopment costs to the point that the land cost per square foot reaches $1.60. This is the cost that Everest assumed would be reached if the development is constructed over the assumed 8 year period. I (d) Fourth, tax increment would be split equally between the City and Everest. -. The City could use its share to reimburse itself for its costs related to the acquisition of the Kern Milling property (other than $1.25 per square foot which should be paid by Everest at the time that the City deeds the property to Everest) and any olher costs the City may incur. Everest's . share would be used to further reimburse it for qualified development costs. 5. Staff proposes that in light of item 4 above there be no incentives or withholding of tax . increment relative to the construction of the signature office building. However, the 12 . acre site should be reserved for this use and no other use will be permitted without the City's approval. 6. Staff is still exploring ways of funding the Highway 96 road improvements but believe . that the funding should be identified in the agreement with Everest. . . 7. Staff opposes the granting of any exclusivity rights that would hamper the City's ability to undertake development in the future. This is particularly true given the expected length of the Everest project.' Statfbelieves that the proposal outlined in item 4 should provide . Everest with sufficient assurance that the City will not assist other competing projects in a way that would impair the City's ability to recover its investment in the development. . BF'0t -. .