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HomeMy WebLinkAboutCCP 01-21-1997 I FILE ~ AGENDA ARDEN HILLS CITY COUNCIL WORKSESSION . ARMY RESERVE CENTER, 4655 LEXINGTON A VENUE NORTH (CONFERENCE ROOM) . TUESDAY, JANUARY 21,1997,4:45 P.M. . **PLEASE NOTE CHANGE IN TIME AND LOCATION** I 4:30 P.M. 1. Call to Order/Roll Call . 4:30 P.M. 2. Approval of Meeting Agenda . 4:35 P.M. 3. City Issues - Short Term a. Discuss final Preparation for Town Hall Meeting .. b. Gateway Business District c. Committee Structure I 6:30 P.M. 4. City Issues - Long Term . 7:00 P.M. 5. Miscellaneous Items . 7:30 P.M. 6. Adjourn . . . . The above times may vary depending upon length of issue discussion. ,. . \ I . ITEMS PENDING OR UNDER STUDY FOR FURTHER COUNCIL CONSIDERATION -. DEPARTMENT ANTICIPATED illM RESPONSIBII.ITY AGENDA DATE . I. 1997 Street Plans & Specifications Public Works 1.27.97 I 2. Quad (ce Arena Agreements Administration 1.27-97 . I . Januarv Meetings Februarv Meetings . January 2 Council Meeting 7:00 P,M. February S Planning Commission 7:30 P.M. January 6 Newsletter Committee 6:00 P.M. February 10 Council Meeting 7:30 P.M. .. January 8 Planning Commission 7:30 P.M. February 12 Human Rights Committee 7:30 P.M. January 13 Councill\leeting 7:30 P.M. February 18 Council Worksession 4:45 P.M. . January 1 S Economic Development 8:00 A.M. February 19 Economic Development 8:00 A.M. Committee Committee . January IS Human Rights Committee 7:30 P.M. Februal)' 24 Council Meeting 7:30 P.M. January 16 Public Safety/Works 7:30 P.M. February 2S Parks & Recreation 7:00 P.M. . Committee Commission January 21 Council Worksession 4:45 P.M. February 26 Newsletter Committee 6:00 P.M. . January 21 Park & Recreation 7:00 P.M. February 27 Finance Committee 7:30 P.M. Committee . JANUARY 25 TOWN HALL MTG. 9:30 A.M. (Benson Great Hall @ TO . Bethel College) 12:00 P.M. January 23 Finance Committee 7:30 P.M. Janua!)' 27 Council Meeting 7:30 P.M. . January 29 Newsletter Committee 6:00 P.M. .. . ---- I . UP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612 633-7839 . ~st Fax Jan-17-97 04:12 PM . Identification Result Pa~es ~ Date Time Duration Diarnostic 6339550 OK 02 Sent Jan-17 04:11P 00:01 :09 002180430020 . 6.0.4 . . . I .e . I . I . I . \1/~:~ .e . r$\ (JtJ \ I I HP OfficeJet Fax Log Report for Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . ~st Fax Jan-17-97 04:15 PM . Identification Result Pa~es ~ Date Time Duration DiaQ"nostic 6333846 OK 02 Sent Jan-17 04: 13P 00:01:09 002180430020 . 6.0.4 . . . . .e . . . . . . . .e I I ~. CITY OF ARDEN HILLS MEMORANDUM I DATE: January 17, 1997 I TO: Mayor and City Council ~-) I FROM: Brian Fritsinger, City Administrat~ SUBJECT: Administrator Comments for the January 21, 1997 Council I Worksession **PLEASE NOTE CHANGE IN TIME AND LOCATION OF MEETING** I 1. City Issues - Short Term I a. Discuss Final Preparations for Town Hall Meeting All final preparations have been provided to Bethel College and the caterer. A I memorandum will be provided at the meeting updating the various items discussed at the last Council meeting. .. b. Gateway Business District Mr. Ringwald has prepared a memorandum for the City Council which addresses several of the issues which need to be discussed in the Gateway Business District. I c. Committee Structure The City Council may want to briefly review the current status of the restructuring I of the various City committees. I I I I I ~ I I .. I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: January 16, 1996 I TO: Mayor and City Council I FROM: Kcvin Ringwald, Community Development Director ~ SUBJECT: Gateway Business District I Request I The Staff wishes to discuss and receive direction from the City Council on several items which are anticipated to occur or affect development within the Gateway Business District (GBD) in the upcommg year. I MnDOT Parcel The City Council approved the Phase I development of Welsh Companies (Arden Hills I Commerce Center) in September of 1996 for a 155,000 square foot industrial building. At the northeast corner of Round Lake Road and Butcher's Street there exists a small remnant property which is owned by the Minnesota Department of Transportation (MnDOT) which is needed for Ie the development of the Phase I building. The Staff has discussed the status of the remnant parcel with the MnDOT, Right of Way I Division. The Staff was informed that they would support the conveyance of the subject property to the City of Arden Hills, since state law prevents them from conveying it to private parties. The City would then convey it Welsh Companies. It is originally estimated, by I MnDOT, that the conveyance would occur prior to November 1, 1996. The City adopted Resolution 96-52 (Exhibit A) in September of 1996 which requested that MnDOT release the I excess property to the City. To date, the excess property has not been released to the City by MnDOT as it is still in their I administrative process. The developer is hoping to break ground on Phase 1 in early March of 1997 and requests some level of assurance that when the City receives the property it will transfer the needed portion to the developer/owner. Given, MnDOT's original time estimate I neither the City nor the developer anticipated this issue. The developer is now requesting a resolution from the City essentially stating that when the City receives this property it will transfer it to the developer/owner of Phase 1. The Staff is supportive ofthis resolution and will I forward it to the City Council on Monday, January 27,1997 unless directed otherwise. Ground Breakinl! Phase I I As previously mentioned, Welsh Companies is currently planning for a ground breaking for Phase 1 of their Arden Hills Commerce Center in the GBD in early March of 1997. Welsh ~ Companies have asked what role would the City wish to participate in. Welsh Companies have offered to participate in a subordinate or a lead role, whichever the City Council would prefer. The Staff requests direction from the City Council on what role it wishes tlle City to participate I in the ground breaking for Phase 1 of the Arden Hills Commerce Center. ~ 1 City Parcel Acquisition I The City and Welsh Companies have been discussing the potential development of Phases 11 and III of their Arden Hills Commerce Center. To that end, it is the City's understanding that the -. developer has obtained purchase agreements on the Pentair parcel and the Zafke parcel which are located on either side of the parcel which the City owns (the Darling parcel). It is the City's understanding in talking with the developer that those purchase agreements will expire on March 31, 1997, since they anticipate to acquire those parcels before that date. I The developer is requesting a purchase price from the City and any conditions it would have on the sale of the City parcel. The Staff will previously discussed the strategy and pricing for the I City property and unless directed otherwise will continue with that pricing strategy. If the City Council wishes further information on this topic, then please contact Brian or myself. I Road Locations Previously, the City Council reviewed the proposed Master Plan as proposed by Welsh I Companies (Exhibit B). Given the current financial markets, Welsh Companies choose not to purchase all the properties at one time, but rather individually. and could choose only to build Phase l, Phase I and n, etc.,. As a part of the previously reviewed Master Plan, Welsh I Companies proposed to vacate Butchers Street (aka, 14th Street) and replicate that right-of-way at the south end of their development (adjacent to the Office parcel). Given, that Welsh Companies may not purchase all the properties in the district, they are I requesting that Butchers Street stay in its current location. The proposed site plan for Phase 11 is attached (Exhibit C) to show how this concept is proposed to work. The Staff wishes to discuss .. this item with the City Council and receive direction on preferences for the street location. Road Imllrovements I Butchers Street, no matter where it is located, needs to be constructed if Phase 11 (and possibly Phase III) of the Welsh Companies development is to be accommodated. Given, that Tax Increment Financing (TIF) dollars are not going to be available for 12 months at the earliest and I more realistically 24 months, thc question of how to pay for this road is an item that will need to be resolved. Given the accelerated time frame of the Welsh Companies plans, the Staff wanted to make the I City Council and the developer aware of this issue. The Staff has not yet commenced I discussions on this issue with the developer. Therefore, if the City Council has any specific direction on this issue, then the Staff would appreciate receiving that direction. Signalization I The Staff has no new news to present the City Council subsequent to that which was provided in the Community Development Department update, which was provided to the City Council in its I Monday, January 13, 1997 packet. If the City Council has any follow up questions, then the Staff would be glad to answer those at I the worksession. III I I' ~ I Acquisitions .- The accelerated time frames of Welsh Companies does cause some difficulties (ie., road improvements). However, it also presents some opportunities, one of those opportunities is to move forward sooner on necessary acquisitions within the GBD. In 1997, the City should 1 develop a plan for acquisitions, so that as the TlF monies start to roll in, the necessary acquisitions can take place. I Requested Action None. The Staff is only requesting City Council direction on these items. I I I I .. . I I I . I I ~ I I' - fKUiblj A 'I: , I STATE OF MINNESOTA ~ COUNTY OF RAMSEY CITY OF ARDEN HILLS RESOLUTION 96-52 1 RESOLUTION REQUESTING THE RELEASE OF CERTAIN RIGHT'S OF WAY I BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION IN THE GATEWAY BUSINESS DISTRICT 1 WHEREAS, the City of Arden Hills has been attempting to develop the Gateway Business District at the northeast comer ofInterstate 694 and Interstate 35W; and I WHEREAS, a developer has approached the City to develop a parcel within the Gateway Business District; and I WHEREAS, the property under consideration for this development requires certain accesses to local streets which currently cannot be met, due to the presence of excess right of way which is I under the jurisdiction of the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Ie Minnesota that it requests the Minnesota Department of Transportation to release the excess right of way in the Gateway Business District to the City of Arden Hills. I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9TH DAY OF SEPTEMBER, 1996. I I I ATTEST: I , lTY ADMINISTRATOR I I t' 1 ----_._~--- II . . .~..~ \ t~I()I'T f3 ' I /::"~" ~_ -c.,\'~\ ~O. r~" \ ' '" '~'t \.\ ~ 1 . \ I ~ I : I =~ '1\\ I' ,I i J ",' ...... -lt~~~,\_~, \ "'. f r'.. .'''- __" .~ "--. 7" , I ".. '''' - h f\ E~ '~.,;.,,,,,,.,,-..,, ------....'1 / '<='~~"." 'TI"- ',... /:p''- ',-:~~~ I I 1 I BClD~CB /' 1);, BLDG,' ~~. ,~"'-'"'-., I~" / _. ". '-'_. -HJ '~r~~~_~~, , .' .",~< 0-~~' I _. '___'_, _. , -- ------ f __. , ' '"..-. '^, t." ~""""""-----------..." '.' .,." ----.,.... BLl""~,~,. ". . I I~'==--<:~"~M~ ..\\ I ~"~Y/ "l ""-.. <-, BUlo,," 0 rJ \ \..\.~,,,.,,,,>s,, ".' I <\~~ ~ \y~ .. v' DEVElOP{v\ENT PROPOSED SITE " ,'" I _ I I I I I I fI I - I' tX1+f6lf C J1 I .e ~ _ ~I ; ,~: '""e ~:'t1~;. ~~. _________ I /:---< ; <~ : ,I -----------------_ I: -.. : '. · '. : "_, -'____.. ',."..,- . I J ~- , ___ ,: _~ ~-__:__ ,.Ill: _________ :! I il---' ________ ________ !: :/ --.......... --""""'--............ : '. '- ~ Ii - '-'__. i.._......,-' _ ~ I ' / ,J , I : ,': +/ " . ~.' I:, I, II ....=-..-r-:? I I . :........"", !:?- : I, i / 1- l ::~ -+ I I I I l ,':7 , I ! " --I-... 'i . ':: ,. ~,~, ;:'-_~I !-t~7f-~1 "_// / i ~! ---L__EL 'PRQPQSE::'<:5c:-iCEi TESL FACILlr:.J, : i:. I"' -.... ---L I '~-"-"- _t'})'S~5? ;/~~....... ! Iii 1/ -'" I II ,_ , . -< j "'-'.; .',' --. , f.. _'" ~, II .-' ... --, ---~ ......... . 6trl SIT'" =, "-' . .~~ . . I I I ~ 1 I .. I MINUTES ~~ " CITY OF ARDEN HILLS, MIN ~~ PLANNING COMMISSION WEDNESDAY, DECEMBER 4,1996 I 7:30 P.M. - NEW BRIGHTON CITY HALL I CALL TO ORDER Chair Erickson called the meeting to order at 7:30 p.m. I ROLL CALL I Present were Chair Steve Erickson, Commissioners David Carlson, Gregg Larson, Brent Nelson, and Dave Sand. I Absent was Commissioner M<lrty Rye I Also present were: Councilmember Paul Malone, Community Development Director Kevin Ringwald, and Recording Secretary Carla Wirth. Ie APPROVE MINUTES Larson moved, seconded by Nelson to approve the November 6, 1996, minutes. The I motion carried unanimously (5-0). CASE #96-27 DOUG KRUSE. 1306 WEST COUNTY ROAD E. SPECIAL USE PERMIT I AMENDMENT (SUP) Kevin Ringwald, Community Development Director, advised that the applicant, Arden Hills I Texaco/Quinzno's, has requested postponement to allow additional time to provide the required materials. This request will be considered at the Wednesday, January 8, 1997, Planning I Commission meeting. CASE #96-21 DAN ASHBACH. 1580 OAK A VENUE. MINOR SUBDIVISIONILOT I CONSOLIDATION Chair Erickson gave an overview of the public hearing process, then opened the public hearing at I 7:34 p.m. Chair Erickson requested verification of the public hearing notice. Mr. Ringwald verified notice I of the public hearing in the Focus on November 21,1996. ,. Mr. Ringwald advised the applicant, Dan Ashbach, is requesting approval of a modification to a previously approved minor subdivision (lot split and lot consolidation) on a parcel zoned R-I I '" I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 2 I .. Single Family Residential District. In January of 1993, the City approved a minor subdivision affecting Tracts A and B. This original request split an existing parcel into two tracts, Tract A I was combined with the property to its south (1585 Lake Johanna Boulevard) and Tract B which was to allow for the construction of a future single family home. The applicant is now requesting approval from the city to further split the original Tract B into proposed Tracts Band C, thereby I allowing the exchange. The applicant is also requesting the merger of the proposed Tracts Band D which will provide the owner of Tract B with access to Lake Johanna Boulevard as required in the January 11, 1993, resolution. I Mr. Ringwald reviewed that a condition of Planning Case 92-23 required that access to Tract B be provided by the private drive (Tract D) which was owned by Ramsey County. Subsequently, I Ramsey County required the applicant to swap equitable portions ofland before they would allow access to Tract B. The applicant's current request facilitates that swap of land between Ramsey County and the applicant. He clarified the applicant is attempting to carry out I requirements of the original lot split. Mr. Ringwald reviewed the staff report regarding lot area, depth, and width of each tract and I conditions required since the subject property is located in the Shoreland Management area. He advised Staff recommends approval of Planning Case #96-21, minor subdivision (lot split/lot consolidation) subject to the following conditions: ~ 1. Compliance with the conditions of Planning Case 92-23; I 2. Transfer of Tract C to Ramsey County so that it may be incorporated into Tony Schmidt Park; 3. Combination of Tract Band D into a single parcel; I 4. The smallest amOlmt of bare ground is exposed for as short a time as feasible; 5. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; I 6. Methods to prevent erosion and trap sediments are employed; 7. Fill is stabilized to accepted engineering standards, approved by the city engineer; 8. Provision of an erosion and sediment control plan v.,ith the building permit for Tract B, I for review and approval by the City Engineer; and 9. Construction of utilities to service Tract B shall be accomplished in a manner that will ensure full access to all parcels which have vehicular access onto Tract D. I It was noted if the Planning Commission makes a recommendation on this Planning Case, it I would be heard at the Monday, December 30, 1996, regular meeting of the City Council. Chair Erickson asked for comments for the proposal. No one came forward. I Chair Erickson asked for comments against the proposal. .. I I . . ARDEN HlLLS PLA1'\'NING COMMISSION - DECEMBER 4~ 1996 3 {' Charles Broach, 1600 Oak Avenue, stated he was not notified of the hearing tonight by mailed . notice but received a telephone call from the previous owner. He asked if Tract A is a buildable lot. Mr. Ringwald answered that it is approximately one-half an acre and if access and utilities are provided for, it would appear to be buildable. . Mr. Broach asked if the community is concerned about providing emergency vehicle access to these five lots. He advised the current driveway is quite narrow and asked ifit will become a . City street to assure adequate access. Mr. Ringwald explained that this was not required in 1992 and, at that time, it was determined a private drive was sufficient to provide access to those parcels. It was noted that this request is not creating an additional lot. Mr. Broach suggested a . requirement for public access be placed at this time. No one else came forward to address this item. . Hearing no further comment, Chair Erickson closed the public hearing at 7:45 p.m. . Commissioner Larson noted that Tract A already contains a house and to construct an additional house, an additional subdivision would be required. Ie Mr. Ringwald noted the Council, as part of the original subdivision, placed a condition that a sketch would need to be submitted that meets the long term goals of the property, including . access. Commissioner Carlson stated the access is currently private, or a communal driveway. Mr. . Ringwald stated this is correct. Dan Ashbach, 1580 Oak Avenue, applicant, explained this issue is really between the City of . Arden Hills and Ramsey County. He reviewed the history of this property which is owned by his elderly mother and her desire to split and consolidate the property to provide Ramsey County with their requested property and so Tract B has a driveway. . Darlene Obbarius, 1619 Lake Johanna Boulevard, stated she lives adjacent to the easements . and originally the driveway came into her yard. She stated Ramsey County said a driveway could not be extended. Mr. Ashbach explained this has been negotiated with Ramsey County. . Commissioner Larson asked Mr. Ashbach ifhis mother intends to provide access to the other existing parcels on the private drive. Mr. Ashbach stated he does not know but assumes that is the plan. I Commissioner Carlson stated this issue was discussed with the first subdivision and he had the it impression that the access would serve all the existing parcels. . -- . I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 4 . .. Commissioner Sand inquired regarding the future of Tract B and whether it is buildable. Mr. Ringwald stated it has been previously determined that Tract B is buildable, even though it contains a steep slope. Commissioner Sand estimated a 40 foot elevation is involved. . Carlson moved, seconded by Sand to recommend approval of Planning Case #96-21, . Minor Subdivision (Lot Split and Lot consolidation), Dan Ashbach, 1585 Lake Johanna Boulevard, based on the rationale and conditions as outlined in the staffreport. The motion carried unanimously (5-0). . CASE #96-23 PILGRIM HOUSE UNITARIAN CHURCH. 1212 WEST HIGHWAY 96, SPECIAL USE PERMIT (SUP) . Chair Erickson gave an overview of the public hearing process, then opened the public hearing at 7:51 p.m. . Chair Erickson requested verification of the public hearing notice. Mr. Ringwald verified notice of the public hearing in the Focus on November 21, 1996. . Mr. Ringwald advised the applicant, Pilgrim House Unitarian Church, is requesting approval of a Special Use Permit (SUP) amendment to allow for the expansion of the Church, including the .. paving of the parking lot to the rear of the building and a small parking addition to the front of the building. The applicant is also requesting a variance from the minimum setback requirement . from adjacent residential uses (building and parking lot) and the minimum landscape lot area requirement. Mr. Ringwald advised the applicant received a temporary SUP for worship and educational . services as part of Planning Case #71-5 conditioned upon approval by the Arden Hills Police Department and Lake Johanna Fire Department. The applicant then received a permanent SUP . as part of Planning Case #73-31 and received approval to install an institutional identification sign as part of Planning Case #86-1. Mr. Ringwald reviewed the staff report regarding access, traffic circulation, parking, setbacks, . grading, Shore land Ordinance, landscaping, landscape lot area, and lighting. He noted the setback requirements 01'75 feet to the adjacent residential lot which makes this size of property . difficult to work with. Mr. Ringwald also reviewed variance criteria as contained in Section VIl,D,4,c, of the City Code and other Zoning Ordinance requirements and indicated the following findings support the conditions required for the granting of the requested variances: . 1. The applicant has compatibly operated the church since receiving its first Special Use Permit in Planning Case 71-5; . 2. The section of the Zoning Ordinance which prescribes the 75 foot setback for non- residential uses in residential districts applies to properties larger than one acre; .. . I . ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 5 ,. " The applicant's property is 5,992 square feet larger than one acre; ~. . 4. The existing parking lot is a nonconforming parking lot in terms of setback and construction (i.e., gravel); 5. The proposed parking lot modifications would reduce the extent of the nonconformity of . the parking area; 6. The strict conformance to the 75 foot setback requirement would dramatically reduce the applicant's ability to bring the existing nonconforming parking lot into conformance and . generally would render this site unusable for the applicant; 7, The building addition would provide for handicap accessability to both levels of the structure and improve the existing from inside the structure; . 8. The building addition is architecturally compatible to the existing structure and is adequately screened from adjacent residential uses; 9. The building addition would not increase the level of use of the church; and . 10. The reduction of the minimum landscape lot area from 65 percent to 62 percent is acceptable due to its positive affect on traf1ic management, water quality, dust . elimination, and yard maintenance. With regard to the variance requests, Mr. Ringwald explained that to provide for any Ie reconfiguration requires some relieffrom the three setbacks. The applicant is requesting a 35 foot setback to the west, 60 feet to the south and 30 feet to the east. The applicant is also requesting a variance from the minimum landscape requirement from 65% to 62%. Mr. . Ringwald stated that in review of these variance requests, statT is supportive of minimizing the amount of variance by pulling the parking area as far away from the residential area as possible, which the applicant has done. Staff believes the building addition will improve safety and . accessibility and that from managing yard maintenance, the landscape requirement variance is reasonable. . Mr. Ringwald advised Staff recommends approval of Planning Case #96-23, Special Use Permit Amendment (building expansions and parking lot improvements) and Variances (Zoning . Ordinance, Section Vl, E, 6 and V, F, 7) as shown on the site plan (revised November 15, 1996), subject to the following conditions: . 1. Compliance with the letter from the City Engineer, dated November 21, 1996; 2. Approval by the Rice Creek Watershed District; 3. The smallest amount of bare ground is exposed for as short a time as feasible; . 4. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; 5. Methods to prevent erosion and trap sediments are employed; . 6. Fill is stabilized to accepted engineering standards, approved by the city engineer; 7. Provision ofa landscape performance bond (125%); and fI 8. Limitation of lighting to current levels and types. . I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 6 . .. It was noted if the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, December 30, 1996, regular meeting of the City Council. . Chair Erickson asked for comments for the proposal. Irvin Hoffmeister, 1201 Karth Lakc Drive, stated he lives south of the church property and . asked how close the blacktop will be from his property line. Mr. Ringwald advised the parking lot is currently 14 feet and will be moved to provide a setback of 50 feet. . Mr. Hoffmeister inquired regarding how drainage will be handled. Mr. Ringwald advised the asphalt and associated curbs will channel drainage to the north where it will be treated and then . discharged into the Highway 96 storm drainage system. Mina Adsit, church mcmber and architect representing the applicant, clarified that the site . will also be regraded to slope to the north, not the south. Ann Galloway, 4207 Reiland Lane, Shoreview, stated she is the student pastor and spoke on . behalf of the church's commitment to Arden Hills. She explained this is the most reasonable option for them to expand and remain in Arden Hills. Ms. Galloway urged the Planning Commission to consider approval. ., Chair Erickson asked for comments against the proposal. No one else came forward to address . this item. Hearing no further comment, Chair Erickson closed the public hearing at 8: 12 p.m. . Chairman Erickson asked if the primary obstacle relates to the setback which prohibits both building and parking within the setback area. Mr. Ringwald stated this is correct. . Chairman Erickson noted the parking requirements will be met with the proposed revision. Mr. Ringwald stated this is correct as based on seating in the sanctuary. Ms. Adsit stated the parking . lot will accommodate 35 cars, or an increase of 10 cars after the reorganization. Chairman Erickson asked if any comments were received from adjoining residences. Mr. . Ringwald stated he did not receive any comments and noted the applicant did hold an informational meeting for the neighborhood. Deloris Swee, 1200 Highway 96, stated she lives to the east of the church property and asked if . the driveway will contain a curb. Ms. Adsit answered it will have a curb and the site will be . graded to direct drainage away from the Swee property. .. . I I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 7 ~ Commissioner Sand asked why landscaping is being reduced from 70% to 62%. Ms. Adsit I explained the difficulty in determining existing landscaping from the surveyor's drawing. She advised the property is already fairly well screened and landscaping will be added to the south side as well as perimeter plantings around the building. I Commissioner Nelson asked if the applicant discussed these issues with City Staff. Mr. Ringwald stated they did and the applicant revised their submission. I Commissioner Larson asked if a condition should be included to address the percentage of opacity. Mr. Ringwald stated this is a good suggestion and recommended it require compliance I with the landscape plan. Ms. Adsit stated they will also supply a bond to assure compliance with the landscaping. I Commissioner Sand stated the entrance is up a set of steps on the north end of the church but the drainage and landscape plan shows the front entrance will be changed \vith a stairway from the I east and a landing. Ms. Adsit advised the overhead currently on display does not reflect this most recent revision. She used the overhead to inform of the entrance, retaining wall, buffering, and location of plantings. Ie Larson moved, seconded by Nelson to recommend approval of Planning Case #96-23, Special Use Permit Amendment (building expansions and parking lot improvements) and I Variances (Zoning Ordinance, Section VI, E, 6 and V,F,7) as shown on the site plan (revised November 15, 1996), based on the rationale and conditions as outlined in the staff report plus Condition No.9: screening opacity that exceeds 60% consistent with the . landscape plan. The motion carried unanimously (5-0). CASE #96-26 BETHEL COLLEGE. 3900 BETHEL DRIVE. SPECIAL USE PERMIT . AMENDMENT I Chair Erickson gave an overview of the public hearing process, then opened the public hearing at 8:25 p.m. . Chair Erickson requested verification of the public hearing notice. Mr. Ringwald verified notice of the public hearing in the Focus on November 21, 1996. I Mr. Ringwald advised the applicant, Bethel College, is requesting approval of an amendment to their Special Use Permit (SUP) by updating the Master Plan which guides development on the site. He explained that Bethel College is currently operating on a SUP which was issued in I March of 1978 in Planning Case #78-5. In September of 1980, the Master Plan was amended to allow for site plan approval of requests which were in conformance with the Master Plan. Mr. ~ Ringwald stated Staff concludes that the continuance of the site plan approval process for requests in conformance with the approved Master Plan is desirable. I I ARDEN HILLS PLANNING COMMlSSlON - DECEMBER 4 1996 8 I Mr. Ringwald explained the intention of a Master Plan is to establish the long range vision for .. the campus including a physical plan and specific land use controls. The Master Plan for Bethel I College has not been comprehensively reviewed since its adoption in 1978 but there have been a series of minor amendments since that time to facilitate development on the site. Mr. Ringwald reviewed the staff report regarding the Master Plan, as revised, pertaining to I access, traffic circulation, and parking requirements. He noted an area to the north that contained a parking shortage even though the overall site met parking requirements. Mr. Ringwald I displayed a colored site plan which identified buildings currently existing and those proposed as additions to the Master Plan. An overhead depicting an aerial model was then reviewed which showed the proposed additional structures and central corridor to provide for pedestrians. Mr. I Ringwald reviewed each parking lot and number of parking spaces included that total 1 ,806 on the site which will increase to 2.006 spaces with the new Master Plan. Mr. Ringwald advised of the traffic analysis based on current existing requirements and I projection to 2003 at which time it is anticipated to realize the full Master Plan. He noted they are anticipated to be at 3,384 in 2003 which exceeds the requirement slightly but is within that I range. Mr. Ringwald advised that some of the structures are intended to be multiple structures and the .. Shore land Management Area prescribes a maximum height of 35 feet. He emphasized that Master Plan approval would not include any type of height variances. Mr. Ringwald then I reviewed the lot coverage, building and parking setbacks, grading, student population, and shoreland restrictions. He noted the Master Plan does not meet the required 1,000 foot setback from the ordinary high watermark of the lake as required by the Shoreland Management Area. I Therefore, the applicant will have to either meet this requirement or apply for a variance in the future. Again, Master Plan approval does not include approval of any variances. Mr. Ringwald reviewed issues related to student population which is 2,039 in 1996 and is I estimated at 2,231 in 2003. He recommended language modifications to correct areas which are currently somewhat ambiguous. I Mr. Ringwald noted the locations of wetlands, lighting, and four locations of entry way details which will formalize the entrance. He explained the caretakers building is an eye sore and has I not been used by Bethel for some time. Since it is not being identified for future use, Staff recommends it be razed within one year from the next site plan approval which will allow the applicant time to generate the funds to demolish the building. I With regard to the Friends of Bethel Christmas trees sales, Mr. Ringwald advised this annual I fund raising event has been taking place for some time but the SUP is not clear whether this activity is approved. Therefore, Staffrecommends the SUP language be amended to allow for this activity and address signage to bring it into conformance. .. I I I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 ~ 9 I Mr. Ringwald commented on the need for periodic review of Master Plans at least every ten years. He noted that the Planning Commission required this of the Northwestern College plan along with a five year staff review. These reviewals would look at issues such as enrollment I trends. any short or long range changes in the site plan or building additions. The first of such reviews would occur five years from the date of approval of this action, unless the College proposes an amendment to the SUP before that date. Mr. Ringwald recommended these same I requirements be placed on the Bethel Master Plan. He advised Staffrecommends approval of Planning Case #96-26, amendment to the Special Use Permit amendment (updating the Master Plan to be effective for a 1 O-year period ending with the 2006-2007 school year), and with staff I reviews every five years to review general activity on campus, subject to the following conditions: I L Compliance with the maximum height for structures; 2. Compliance with the required building setbacks; , Compliance with requirements of the Shoreland Management regulations; I .). 4. Razing the caretakers building at 4040 Old Highway 10 within one year from the date of Bethel College's next site plan approval; and Ie 5. Modification of the Special Use Permit to allow the Friends of Bethel to operate the Christmas Tree sales operation at the college, subject to the provisions of the Sign Ordinance. I It was noted if the Planning Commission makes a recommendation on this Planning Case, it would be heard at the Monday, December 30, 1996, regular meeting of the City Council. I Chair Erickson asked for comments for the proposal. I Craig Hjelle, Director of Campus Planning, introduced other Bethel College representatives in attendance and commented on their planning process. He stated they are excited about the I opportunity to present the Master Plan and offered to answer questions. Chair Erickson asked for comments against the proposal. I Craig Wilson, 1667 County Road F, objected to several of the recommended Staff conditions. He agreed the caretakers house has been an eyesore for some time and expressed concern with a I recent tire in the structure and the possibility of loitering or inappropriate activities. Mr. Wilson suggested it be razed as soon as possible. With regard to the Christmas tree sales, he reviewed the SUP condition which prohibits retail sales and asserted it is very clear that this activity is not I allowed. Mr. Wilson stated he protests the Christmas tree sales activities and asked that the SUP not be amended to allow this use. it I ----------- 1 ARDEN HILLS PLANNING COMMISSlON - DECEMBER 4. 1996 10 I .. Mr. Wilson asked how many Bethel College students live in the New Brighton apartments. He commented on the high volume of commuter traffic and inquired whether this is in conformance with the SUP. I Billie Schacht, 1683 County Road F, stated she is an environmentalist and is concerned that Bethel personnel insisted the beaver population be killed so the level of the lake was not raised. I She suggested the location of the proposed building which will link the seminary area with the general campus be moved back from the lake to avoid the potential of flooding. I Mr. Wilson suggested that the location of the gates be moved back from the roadway to lessen the impact to the area. I Dwight Warkentin, 1666 Oak Avenue, stated his concern regarding the quality of Valentine Lake and his perceived observation that the quality is being compromised. I No one else came forward to address this item. Hearing no further comment, Chair Erickson closed the public hearing at 9:00 p.m. I Commissioner Carlson noted the identified location of athletic fields and inquired regarding .. parking, excavation, etc. Mr. Hjelle stated this site has a different zoning (R-l) and has been shown for many generations of the Master Plan as intermural fields. He explained they have no real plan for that area at this time but, personally, thinks it will be some type offield, perhaps a I shared asset with the City. Mr. Hjelle stated this is a sensitive area and Bethel College is aware and sensitive of the neighborhoods concerns. I Commissioner Carlson asked if they have discussed selling it. Mr. Hjelle stated the option of selling the property is not part of the current discussion. I Commissioner Carlson stated thc access to Snelling A venue appears to be opened/closed at various times and asked if the current traffic congestion could be relieved if it is opened more I often. Mr. Hjelle advised of their policy for opening/closing this access and attempt to discourage Mounds View High School students from using Bethel College as a shortcut. Mr. Hjelle stated Bethel College and City Staff are attempting to get the service access vacated I which would provide better access to the east parking lot. He thanked Mr. Ringwald and his staff for their assistance in this regard. I Commissioner Carlson inquired regarding the Campus Center. Mr. Hjelle explained the real model is simply a preliminary draft concept plan and they intend to meet the conditions of the I Code or apply for variances, if and when they are necessary. .. I I ... I ~ ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 11 Chairman Erickson asked if the traffic analysis was prepared internally. Mr. Ringwald advised it I was submitted by the applicant. Chairman Erickson noted it is based on types of students, number of trips, but not the two entrance points (as a comparison) which is needed to assure accuracy. Mr. Ringwald stated it provides the trips anticipated but not the general distribution of I those activities or timing of the trips. Chairman Erickson commented on how the number of trips is compounded during different times of the day. He asked how this can be tied back to the original SUP which contains certain specific guidelines. I With regard to the caretakers house, Chairman Erickson questioned the College's intent. Mr. Hjelle stated he was not aware there was a fire. He advised it is not totally abandoned and is I used for storage but their intent is to demolish the structure since it is not financially feasible to remodel it for another use. He noted the master plan provides for the expansion of the storage I facility on the southeast corner of the campus and requested enough time to have it constructed prior to demolishing the caretakers house. Mr. Hjelle stated he is in the process of obtaining estimates to demolish this structure and advised there have been concepts presented that it could I provide a charming residence at a future date. Chairman Erickson stated based on previous cases, if the building is razed, it would be difficult Ie to reconstruct in the current location. Mr. Hjelle advised wetland issues may also be involved. Chairman Erickson questioned the current zoning of the property west of Highway 10. Mr. . Ringwald advised it is R-l. Mr. Hjelle stated this parcel is not within the Master Plan. Chairman Erickson asked how the entrance ways will be addressed with regard to setbacks. Mr. I Ringwald displaycd a colored sketch of the proposed entrance way monuments, fencing, and sign, and explained the required setbacks. Mr. Hjelle explained this is a concept plan and he I anticipates the final design will include permit applications. He stated they will meet setback requirements. I Chairman Erickson asked if the Sign Ordinance is the only issue with regard to Christmas tree sales. Mr. Ringwald explained the Friends of Bethel Christmas tree sales has been permitted for a number of years and if this minimal activity is allowed to continue, he believes it is imperative I they are in compliance with the Sign Code. He noted there are other similar uses which are required to meet the Sign Code so he does not support any type of waiver to Friends of Bethel Christmas. I Mr. Hjelle stated Mr. Wilson has made some very good points and after this year, Bethel College is willing to no longer have Christmas tree sale. I Chairman Erickson commented on the time frame for updating the Master Plan and asked if fI Bethel College feels a ten year time frame is reasonable. Mr. Hjelle stated they do. I -------- ~ ,. I ARDEN HILLS PLAt-.'NING COMMISSION - DECEMBER 4. 1996 12 I .. Commissioner Nelson noted the number of trips per day exceeds the indicated allowable number and asked if this should be changed. Mr. Ringwald noted the language indicates "approximate" I and it would not be appropriate to change the number now since the SUP was agreed to by both parties, unless there is some overwhelming rationale. Mr. Ringwald agreed the language is somewhat ambiguous. I Chairman Erickson suggested it is difficult to link the number of traffic trips from a college to being similar to that of a medium density residential development. Mr. Hjelle stated this analysis I was based on the anticipated growth related to all aspects of the SUP and the parking requirement (which limits the number of cars on the campus). He advised the SUP indicated the City did not want Bethel Campus to generate more traffic than a medium density residential . development. Therefore, the number of cars, parking spaces, and student population were established to try to match that of a medium density residential development. Mr. Hjelle stated we are a more mobile society today than in 1978 and pointed out this is not an estimate that is . averaged over the entire year. Mr. Hjelle stated Bethel College does not want to be a bad neighbor but also does not want to be limited to restrict commuter students. Chairman Erickson stated a traffic analysis would present a more clear picture of the situation . today and also provide recommendations regarding the internal road system, City street system, etc. He stated he would like to see some direction to deal with the issue of traffic which is one of eI the primary impacts on the community. Mr. Hjelle stated Bethel College will commit to having a traffic consultant prepare a traffic study I with results submitted within one year for review and discussion. Commissioner Nelson questioned the action to be considered if this traffic analysis shows the I number of trips is excessive. Mr. Ringwald explained that the actual areas of impact will have to be determined so options to improve it, if necessary, can be determined. He noted Highway 51 is . a major arterial and Old Highway 10 is a minor arterial, neither are local streets. Commissioner Nelson asked about the architectural aspects of the Campus Center. Mr. . Ringwald stated the applicant has indicated a desire for unity in terms of architectural style and asked if the Planning Commission would like to provide input regarding architectural unity/diversity, etc. . Ann Voda, Bentz Thompson Reitow Architects, stated they see all of the construction on the Campus as a coordinated effort and the Administration building as a "bookend" with the . Community Life Center (CLC) as the other "bookend". She stated while not matching, the architectural treatment will be similar. I .. . I I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 ~ 13 Commissioner Nelson noted the Staff recommendation to raze the caretakers building one year I after the next site plan review and questioned timing. Mr. Hjelle stated he does not have a time frame but anticipates an addition to the Fine Arts Building or completion of the Sports Complex will result in the next site plan review, perhaps within two to three years. He reiterated that he is I in the process of obtaining bids to raze the building. Commissioner Nelson asked if they would agree to raze the building within two years. Mr. Hjelle stated they would agree with two years. I Commissioner Larson noted this is a nonconforming use that has been abandoned for more than one year so the City Code requires it to be brought into conformance or demolished. Mr. Ringwald reviewed Section H of the Code which mentions "reasonable time frame or five years." I He eXplained that abandonment of a structure for more than one year changes the status from legal nonconforming to an illegal building. I Commissioner Sand stated an illegal building would not have to remain for five years and he believes if the applicant were to agree, the building could be demolished sooner. I Commissioner Sand raised the question of whether the triangular R -I parcel is part of the Master Plan. lf not part of it, he suggested the parcel be eliminated from the drawings contained in the Ie Master Plan. Mr. Ringwald explained that he had asked Bethel to included it to clarify the intention of the parcel. Commissioner Sand expressed support for an athletic field use, especially a shared City-use. I Commissioner Sand reviewed reference to the Campus Center which may exceed the height limit. He asked how defined an amendment to the SUP is and whether location, size, and height I are specifically addressed at this point. Mr. Ringwald advised if Bethel Colleges wants a building that exceeds 35 feet in height, they will have to make application for and meet the criteria for a variance. The building will also have to meet the setback requirements or relocate I the building or apply for a setback variance. Commissioner Sand stated he wants the record to be clear that no considerations are being given with regard to possible future variances. I Commissioner Carlson agreed and stated his impression that the proposed plan will require variances. Ms. V oda stated these concept drawings are not intended to indicate approval of I vanances. Commissioner Sand questioned where the height (35 feet) is measured from and to. Mr. I Ringwald read the definition of "building height" as contained in the Code. Commissioner Sand noted the four "skyway" or "bridge connections" between buildings and I questioned how the Building Code addresses this type of use. Mr. Ringwald explained the building and fire code. With regard to site plan review, it is considered as part of the building. fI' Commissioner Sand stated this is a building element not previously addressed by Arden Hills. I ---.-.-- '. ARDEN HILLS PLANNING COMMlSSION - DECEMBER 4. 1996 14 . .. Commissioner Sand noted the mention of a two-level deck parking and inquired regarding its location and how it is addressed in the Zoning Ordinance. Mr. Hjelle explained their intention to . replicate parking in two-levels as part of the administration building. He stated their choice of wording may be poor. Ms. Voda stated it is not shown because it is under the current parking lot. She explained there is enough grade present to consider drive-in parking under the current . lot. Commissioner Sand asked if it is Bethel College's intent revert to a pedestrian only mall. Mr. . Hjelle reviewed the current traffic circulation and intent to access dorms from the other side to make it more pedestrian friendly. Commissioner Sand noted the need to provide for access of maintenance and emergency vehicles. . Commissioner Larson asked if the access on Highway 51 may be eliminated by the State. Mr. Hjelle stated he has heard of no plans to eliminate that access. Mr. Ringwald stated he does not . think they would consider that (since it would involve payment for a taking) unless there was a serious traffic hazard issue to address, Commissioner Larson noted the number of parking spaces and that the Zoning Ordinance would I only require 1,623 parking spaces in the year 2003 but 2,006 parking spaces are being proposed. .. He asked if there is a reason for this substantial difference. Mr. Hjelle stated they need more parking spaces to serve their customers (students). He noted they are approaching the 25% limit on impervious surface and, in the future, may need to consider restricting the number of student I cars. Commissioner Larson stated there appears to be some uncertainty about whether the R-l parcel . is part of the Master Plan. Mr. Ringwald clarified the caretaker building site is part of the Master Plan but the other R-l parcel to the south is not part of the Master Plan. Commissioner Larson asked why, if Bethel College owns the R-I parcel and has intentions to use it for athletic fields, it . is not part of the Master Plan. Mr. Hjelle noted it would have to be rezoned, which is why it was excluded from the Master Plan and SUP originally. Mr. Wilson reviewed the legal description of the Master Plan and asked why this parcel is I excepted. He reviewed 1981 Council meeting minutes where a comment indicates it is not part I of the SUP and suggested consideration be made of the actual legal description which he asserted would include the R-l parcel. Commissioner Larson asked if a SUP can span two different zoning districts. Mr. Ringwald I stated he would hesitate to include the parcel without a legal opinion on whether the City even has the authority to include it at this point in time. . .. . I I ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 15 ,. Commissioner Larson stated he is uncomfortable with approving a plan which identifies a I building too close to Lake Valentine and suggested the plan be corrected to show proper setbacks. He stated he believes there are unresolved issues to address, such as the caretaker building, inclusion of the R-l parcel, and meeting setbacks. He stated if Bethel College does not I object, he would support tabling this application to the next Planning Commission meeting. Mr. Ringwald stated if the property southwest of the road could be included, would the Planning I Commission propose a different use such as a building. He suggested the application be advanced to the Council unless the Planning Commission is suggesting substantial changes to the Master Plan. I Mr. Hjelle stated he supports eliminating that R-l parcel from the Master Plan since it is not included in the legal description. He noted this parcel was only included at the request of staff. I Commissioner Larson stated he believes it is important to know Bethel's intention for that parcel. Mr. Hjelle stated there have been no changes for the past ten years with regard to this parcel and no plans to use it during the next ten years. I Chairman Erickson agreed with the need to determine whether it is part of the SUP but it appears .. it is not included. Mr. Ringwald clarified it is not part of the Master Plan and if included, would allow for considerably more building on the Bethel College property. I Commissioner Larson stated if this is part of Bethel's holdings, whether intended to remain as undeveloped, athletic fields, or dormitories, it should be looked at. I Commissioner Carlson asked if Bethel College would be willing to give the City a first right of refusal if they determine to sell it. Mr. Hjelle stated he is unable to answer this question. Commissioner Carlson asked if this has been part of Council's consideration. Councilmember I Malone stated he does not recall it and questioned how this would be financed. Mr. Ringwald stated the Staff would review the legal description to assure the R-l parcel being I mentioned is not part of the Master Plan. Chairman Erickson stated ifit is not included in the SUP or Master Plan, Bethel cannot be I mandated to include it at this time. A discussion ensued regarding conditions to be considered with approval of the request. I Chairperson Erickson directed staff to determine if the legal description of the SUP includes the parcel west of Old Highway 10. I Commissioner Larson suggested the athletic fields be removed from the Master Plan. t- Commissioner Sand noted that removal of the fields may open consideration to any other types of uses. I ------- . ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 16 . -. Commissioner Larson stated he does not think two years should be allowed to demolish the caretaker building and he believes Section 9 of the Code requires more timely removal. . Commissioner Sand suggested that this may raise an argument regarding Section H and possible ambiguity of language. Mr. Hjelle stated this is a budgetary consideration and questioned the definition of . "abandonment" since it is being used for storage. Commissioner Sand reviewed that Mr. Hjelle has indicated the President of the College has directed him to obtain bids to demolish the . building, which he takes as a good faith effort. Mr. Wilson commented on development of sites that are not contiguous and asserted it would . have to be housing, open space, recreational use, or sold. He suggested a legal opinion also be obtained regarding this language. Commissioner Larson suggested the boundaries of the SUP be shown on the map. Chairman . Erickson agreed and asked staff to do so. I Nelson moved, seconded by Sand to recommend approval of Planning Case #96-26, Special Use Permit amendment (updating the Master Plan to be effective for a 10-year .. period ending with the 2006-2007 school year), Bethel College, 3900 Bethel Drive, with staff reviews every five years to review general activity on campus, subject to the following conditions: . I. Compliance with the maximum height for structures; 2. Compliance with the required building setbacks; I 0 Compliance with requirements of the Shoreland Management regulations; .,. 4. Razing the caretakers building at 4040 Old Highway 10 within two years from the date of SUP amendment approval or within one year from the date of Bethel I College's next site plan approval, whichever occurs first; and 5. Ceasing the Friends of Bethel operation to sell Christmas tree at the college after January 1, 1997; . 6. ldentifying the limits of the Master Plan to match the legal description of the SUP; . 7. Updating the map to identify the Master Plan boundaries; 8. Revising the Master Plan to illustrate all proposed structures to comply with current Ordinance standards . 9. Bethel College will perform a comprehensive traffic analysis and report, and report those findings to Arden Hills within one year of approval of the amendment to the SUP. I Larson moved, and Carlson seconded a motion to amend condition 4 as follows: .. I ------ I' I ~ ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 17 4. Razing the caretakers building at 4040 Old Highway 10 within one year from the I date of SUP amendment approval; Commissioner Nelson asked Mr. Hjelle for his input. Mr. Hjelle stated he prefers two years. I The motion to amend failed 2 (Carlson and Larson) - 3 (Nelson, Sand and Erickson). I Discussion continued on whether the R-1 parcel should be identified on the Master Plan. I The motion carried (4-1 Carlson). COUNCIL REPORT I Due to the late hour, Councilmember Paul Malone presented a brief Council report including updates on the community survey, Highway 96 improvement meeting, Liveable Communities I goals, coalition to address transportation issues, January 25, 1997 town hall meeting, possibly changing committees to task force format with short-term direction (except for the Planning Commission and the Economic Development Authority), Arby's/Sbarro withdrawal of its Ie application, and south water tower repairs. COMMISSION COMMENTS I Commissioner Sand advised Roseville and Mounds View have home pages on the Internet. Mr. Ringwald stated Staff has discussed this option but the current City Hall cannot accommodate I Internet access. He advised of the possibility for ajoint Web pagc with other communities. I Carlson moved, Sand seconded to recognize the outstanding contribution of David Carlson as a Planning Commissioner for the past nine years. The motion passed unanimously (4-0-l Carlson). I Chairman Erickson noted the efforts of staff towards the clean up ofthe Northwestern College site. Mr. Ringwald advised that the administration staff has been very cooperative and made I substantial progress. Chairman Erickson reported the Council has scheduled a meeting on December 16, 1996, I starting at 4:30 p.m. at the Army Reserve Center to meet with various committees to discuss activities over the past year and goals for next year. He read the suggested goals to be presented and indicated he will be out of town and unable to attend. I Chairman Erickson stated he has never been involved in the process to update or write an fI ordinance. Mr. Ringwald clarified the Planning Commission would not be expected to write the actual ordinance but, rather. to provide the general direction or "big picture" of what is wanted. I - ------ '. ARDEN HILLS PLANNING COMMISSION - DECEMBER 4. 1996 18 . .. With regard to documents that are currently out of date, Chairman Erickson suggested staff prepare a list or draft the document so it be discussed by the Planning Commission. I ADJOURNMENT Carlson moved, seconded by Nelson to adjourn the meeting at 11 :02 p.m. The motion I carried unanimously (5-0). I I I I ~ I I I I I I I .. I - - -.-.-- ~ , ~ I CITY OF ARDEN HILLS ,- MEMORANDUM DATE: January 2, 1997 I TO: Mayor and City Council , FROM: Kevin Ringwald, Community Development Director ~ SUBJECT: CPI Loan Agreement , Reauest , The City Council is requested to approve the Agreement For Loan Of Economic Recovery Funds / Small Cities Development Program Funds (Exhibit A) with Cardiac Pacemakers lncorporated (CPI). , Back!!round The City received a letter from Governor Arne Carlson on August 12, 1996 informing the City , that it had received a $300,000 grant from the State of Minnesota to help support the consolidation and expansion of the CPl facilities in Arden Hills (Exhibit B). As a part of this grant, the State required the City to provide a forgivable loan to Cpr. The terms of the forgivable .. loan are three (3) percent for five years with 50 percent of the loan being forgiven on August 12, 1999 ifCPI has retained 540 jobs and has created 70 jobs. The remainder of the loan will be forgiven on August 12, 2001 if CPI has continued to retain the 540 jobs and 70 jobs previously , created. Recommendation , Authorize the City Administrator to execute the loan agreement with CPl. , , , I , ,. , I' , PlC",6fT A ~ 1 AGREEMENT FOR LOAN OF ECONOMIC RECOVERY FUNDS! ,. SMALL CITIES DEVELOPMENT PROGRAM FUNDS '31<1> b Ft' (;./J1 sE..e THIS AGREEMENT is made and entered into as the!. day of 1 1996, by and between the City of Arden Hills, hereinafter called "City" and Cardiac Pacemakers, Inc., hereinafter called "Developer;" 1 WITNESSETH: 1 1 WHEREAS, the City has applied to the Minnesota Department of Trade and Economic Development for a Minnesota Investment Fund Grant and has received preliminary approval for 1 said grant; and \VHEREAS, a Grant Agreement, hereinafter called "Grant Agreement," between the Minnesota I Department of Trade and Economic Development and the City has been executed and which Grant Agreement requires that the Developer, Cardiac Pacemakers, lnc. secure sufficient private financing and agree to loan terms with the City for Minnesota Investment Fund used to assist in Ie financing the project; and \VHEREAS, all parties to this agreement agree to incorporate into this agreement by reference 1 said MIF Grant Agreement, grant number CDAP-95-0334-H-F497, as is fully set forth herein word for word; 1 I'i"OW, THEREFORE, it is agreed by and between the parties hereto as follows: 1 1 1 1 1 fI I 1 -------------- --- ---------- -------------- , '. 111, TABLE OF CONTENTS I ARTICLE 1 .. Definitions ........... ...... ............ ...... ....... ....... .... .................. ..... ........................... ... .... Page 3 ARTICLE 2 I Financin!! for Proiects ........................................................................................... Page 4 ARTICLE 3 I MIF Loan Terms and Conditions ........................................................................ Page 5 ARTICLE 4 . Default and Collateral ........................................................................................... Page 6 ARTICLE 5 I Loan Disbursement Provisions ............................................................................ Page 8 ARTICLE 6 I Provision ofEvidentiarv Material Reauirement ................................................ Page 10 ARTICLE 7 I Provision of New Permanent Jobs ....................................................................... Page 11 .. ARTICLE 8 Provision of Monitorinf! Information Related to Project Prog-ress .................. Page 12 I ARTICLE 9 Nondiscrimination. ............. ................... ..... ................... ..... ...... ...... ............ ........ ... Page 13 . ARTICLE 10 Develover's Acknowledg-ments. Reoresentations. and \Varrants ..................... Page l4 . ARTICLE 11 Other Special Conditions ...................................................................................... Page 16 . EXHIBIT A Promissorv Note . EXHIBIT B Guidant Corporation financing- letter ofMav 31. 1996 . 2 . .. I I ?/'<J I ARTICLE 1 ,. Definitions Section 1.1, Definitions, In this Agreement, unless a different meaning clearly appears from the I context: (1) Bank. Bank shall mean those institutions and investors which finance the Developer's I debt as described in the May 31, 1996 letter from Guidant Corporation (Kristin Sherman, Assistant Treasurer) to the City (Kevin Ringwald, Community Development Director), including attachments (see Exhibit B). I (2) City. City shall mean the City of Arden Hills, Minnesota, a Municipal Corporation. I (3) Collateral. Collateral shall mean Two (2) MFM Ultraprint 2030 Automatic Solder Printers specified in Section 4.3. I (4) Commissioner, Commissioner shall mean the Commissioner of the Grantor Agency. I (5) Developer. Developer shall mean Cardiac Pacemakers, Inc. (6) Development Property. Development Property shall mean the real property described .. as Cardiac Pacemakers, Inc. Corporate Campus at 4100 Hamline Avenue North, Arden Hills, MN 55014, including that part of the Control Data Corporation Corporate Campus leased by the developer at the time of the execution of this agreement, which is located at I 4201 North Lexington Avenue, Arden Hills, MN 55014. (7) Grant Agreement. Grant Agreement shall mean the Minnesota Department of Trade I and Economic Development Grant Agreement #CDAP-95-0334-H-F497. (8) Grantor Agency. Grantor Agency shall mean the Minnesota Department of Trade and I Economic Development. (9) Leverage Funds. Leverage Funds shall mean the funds provided by or for the account of I the Developer pursuant to Section 2.1. (10) MIF. MIF shall mean the ~\ilinnesota Investment Fund. I (11) Project. Project shall mean to assist in the expansion of Cardiac Pacemakers, lnc. by I providing funds for new machinery and equipment. Thereof, as generally discussed in the application for MIF funding which resulted in the Grant Agreement. I (l2) State, State shall mean the State of Minnesota. , f' ~ I 'If" '. ARTICLE 2 . Financing for Proiects .. Section 2.1, Project Financing. The Developer shall secure from the Bank the commitments for funds necessary to complete the project. I Section 2.2, Developer's Equity and Other Financing. The Developer shall commit not less than $6,312,460 of equity and $8,034,040 other financing to be llsed for the completion of the I project development. Section 2.3 MIF Loan. The Grantor Agency of the State has granted to the City and the City I shall loan to the Developer, MlF funds of an amount up to $300,000 according to the terms described in ARTICLE 3. I . I .. . I I . I I 4 I .. I -------- I SJ, I ARTICLE 3 ~ l\IIF Loan Terms and Conditions Section 3.1, Basic Loan Terms. The principal amount of the loan of MIF funds by the City to I the Developer shall not exceed $300,000. The loan shall bear interest at a rate of 3% percent per annum for five (5) years. The loan terms may not be modified without prior "Titten approval from the Grantor Agency. I Section 3.2, Assignmen t. The Developer will not sell the Development Property or assign its rights or interests or any party therein or its right or interest in this Loan Agreement, or any part I thereof. In the event the Developer sells, conveys, transfers, further mortgages or encumbers Or disposes of the property, or any part thereof, or any interest therein, or agrees so to do, the I Developer shall immediately pay on the loan an amount equal to same. This shall be in addition to any other remedies at law or equity available to the City. I Section 3.3, Termination. This agreement shall automatically terminate without any notice to Developer: I (1) if the loan proceeds have not been disbursed to the Developer prior to August 31, 1998; or .. (2) if a petition is filed by or against the Developer under the U.S. Bankruptcy Code, or if voluntary, such a petition is not dismissed with sixty (60) business days following such petition. I I I I I I I tt 5 I (Ph, I ARTICLE 4 I Default and Collateral .. Section 4.1, Default. The Developer shall be in default under this agreement upon the happening of any of the following events: I (I) nonpayment, when due, of any amount payable on MIF loan or failure to observe or perform any terms thereof; provided such nonpayment is not remedied within ten (10) I business days after written notice thereof by either the Developer or the City, (2) if Developer is in breach of any material respect of any obligation or agreement of I the Developer under this agreement, provided Developer remains in breach in any material respect for thirty (30) business days after \Hitten notice thereof to the Developer by the City; provided, however, that if such breach shall reasonably be incapable of being I cured within such thirty (30) business days after notice, and if Developer commences and diligently prosecutes the appropriate steps to cure such breach, no default shall exist so long as Developer is proceeding to cure such breach; I (3) If any material covenant, warranty or representation of Developer shall prove to be untrue in any material respect, provided such convenient warranty or representation of I Developer remains untrue in any material respect for thirty (30) business days after written notice thereof to the Developer by the City; provided, however, that if such untruth shall reasonably be incapable of being corrected within such thirty (30) business .. days after notice, and if Developer commences and diligently prosecutes the appropriate stt'ps to correct such untruth, no default shall exist so long as Developer is so proceeding I to correct such untruth; (4) if the Developer becomes insolvent or generally unable to pay debts as they mature or I makes an assignment for the benefit of creditors, provided such insolvency it general inability to pay is not remedied within sixty (60) business days after \\Tirten notice thereof by either Developer or the City; I (5) entry of a final judgement against Developer where such judgement the City reasonably deems will have a material, adverse impact in Developer's ability to comply with its I obligations under this agreement; (6) transfer by the Developer, of any part of the Collateral to any entity other than a wholly- I owned subsidiary of Developer provided such is not approved in \\Titing by the City, which approval will not be unreasonably withheld; I 6 I .. I I 7A, I (7) merger or consolidation where such merger or consolidation is not approved in ~ writing by the City, which approval wiH not be unreasonably withheld; or (~) loss, theft, substantial damage, destruction or encumbrance of any of the Collateral, provided that such is not remedied within sixty (60) business days after written notice I thereof by either Developer of the City (including, without limitation, by a pledge of insurance proceeds by substitute Collateral satisfactory to the City); I Section 4.2, Remedies Upon Default. (1) In the event ofa default and the failure to cure it in the time allotted therefor (or to I commence and diligently proceed to cure such default if reasonably incapable of being cured within the time aHotted therefor). the city shaH have the right at its option and I without demand or notice, to declare aH or any part of the loan (as described in Section 3.1) immediately due and payable, and in addition to the rights remedies granted hereby, the City shaH have all of the rights and remedies under the uniform Commercial Code or I applicable law. (2) Developer agrees in the event of a default and the failure to cure it in the time allotted I therefor, to make the CoHateral available to the City and the Development property. ln the event of any lawsuit under this agreement reasonable attorney's fees and costs will be awarded to the prevailing party. If any notice of sale, disposition or other intended action .. by the City is required by law to be given to Developer, such notice shall be deemed reasonably and properly given ifmailed to Developer at the Development Property or at such other address of Developer as may be shown on the City's records, at least fifteen I (15) days before such sale, disposition or other intended action. Waiver of any default hereunder by the City shaH not be waiver of any other default or of the same default on a later occasion. No delays or failure by the City to exercise any right or remedy shall be a I waiver of such right or remedy and no single or partial exercise by the City of any right or remedy shall preclude other or further exercise thereof of the exercise of any other right or remedy at any other time. I Section 4.3, Collateral. The Developer shall grant to the City a first security interest in I machinery and equipment items purchased with funds loaned by the City under this agreement, up to an amount of $300,000, per Exhibit A. I I I it 7 I SA, I ARTICLE 5 I Loan Dishurscmcnt Provisions .. Section 5.1, Payment Requisition Documentation and Format. Loan disbLlrsements shall be for machinery and equipment costs in the amount of $300,000. The loan funds for machinery I and equipment may be disbursed to the Developer only after the City has received from the Developer invoices for machinery and equipment costs and only on a cost-sharing ratio of2% loan fLlOds to 98% other funds. I Scction 5.2, Provision of Evidcntiary Materials. No disbursements of loan funds shall be made until all evidentiary materials required by the Grantor Agency have been submitted and I appro\'ed by the Grantor Agency. Section 5.3, Project Time Frame (Schedule). The time frame outlined in the MIF application I pertaining to the Project shall be met by the Developer. Section 5.4, Permanent Loan Terms. The loan to Cardiac Pacemakers, Inc. will be deferred I loan over a period offive years at 3% interest. Fifty percent of the loan will be forgiven at the end of the third year providing that a total of 6 I 0 jobs are maintained (70 created and 540 existing) at the end of the third year. The remainder of the loan will be forgiven at the end of the I fifth year providing that all 610 jobs have been maintained in the fourth and fifth year of the loan. The business will provide to the City documentation annually evidencing that 610 .. permanent full-time equivalent jobs have been retained within the City for a period of five (5) years. The loan shall have the following terms: I (1) If, as of August 12, 1999, the Company shalI have created and maintained (and shall have I demonstrated that it created and maintained), not less than 610 full-time equivalent jobs (70 created and 540 maintained) in the City, then $150,000 of the principal amount of the Loan, and all accrued and unpaid interest thereon, shalI thereupon be forgiven and no I longer subject to payment by the Company under this Agreement; (2) If the Company fails to satisfy the conditions stated in Section 5.4, (1) above, then (i) all I accrued interest as of August 12, 1999 shalI be immediately due any payable to the City and (ii) as of August 12, 1999, the full unpaid principal amount of the Loan shall be levelIy amortized, at the interest rate of3.00% per annum, and paid to the City by the I Company on the first day of each month, commencing September 1, 1999, over the subsequent 36 monthly payments; and I 8 I .. I I' CfhCf I (3) If the Company shall have satisfied the condition stated in Section 5.4, (1) above, and if, ,. as of August 12,2001, the Company shall have created and maintained (and shall demonstrate that it created and maintained), not less than 610 full-time equivalent jobs (70 created and 540 maintained) in the City, then an additional $150,000 of the principal amount of the Loan, and all accrued and unpaid interest thereon, shall thereupon be 1 forgiven and no longer subject to payment by the Company under this Agreement; provided that if the Company fails to satisfy said jobs requirement, said amounts shall not be forgiven but shall instead be immediately due and payable by the Company to the 1 City. Section 5.6, Leverage Funds. The leverage funds described in the MIF application must be 1 used for the same purposes and under the same terms, rates, and conditions as specified unless prior \vritten consent is received from the Grantor Agency, 1 1 1 .. 1 1 I I 1 I 1 i' 9 I 1COh, I ARTICLE 6 I Provision of Evidentiarv Material Reauirement .. Section 6.1, Provision of Evidentiary Materials. The Developer shall agree to provide to the City all evidentiary materials according to the format and timetable cited in the Grant I Agreement. The City will forward said materials to the Grantor Agency and assist in expediting reviews leading to a release of MIF funds. Section 6.2. Documentation of Use of Funds. The Developer must provide the City with I necessary documentation that the MIF loan proceeds and leveraged funds have been used for the items and purposes stated in the MIF application, prior to submitting the final progress report and I requesting grant closeout from the Grantor Agency. I I I .. I I I I I I 10 I .. I ----------- ------- I ,,~, I ARTICLE 7 ,. Provision of New Permanent Jobs Section 7.1, Employment Objective. The Developer agrees to take affirmative action to ensure I that 70 new permanent jobs will be created by the Project. New jobs created are eligible as of October 9, 1995. Al1 70 of the new jobs are required to pay an hourly wage of $10.00 or more excludinQ benefits. The new full time permanent jobs must be created by August 31, 1998. I Section 7.2, Employment Documentation, The Developer shall complete and provide to the City notification of employment semi-annually of hiring each new employee for the first two (2) I years and annually for the remaining three (3) years. Section 7.3, Job Creation Documentation. The grantee must include job creation information I in each semi-annual progress report. This information shall be provided by the Developer and must include: I (I) jobs created; I (2) job title per job (3) date employee(s) hired Ie (4) hourly wages excludinQ benefit I (5) hourly value of benefits; and (6) type of benefits. I Section 7.4, First Source Employment Referral Agreement. Developer agrees to list any vacant or new positions with the job services of the Commissioner of Job Services or a local I service unit operated by a county or counties operating under ajoint powers agreement, one or more cities of the first class operating under ajoint powers agreement, or a city of the first class. I I I I f' Il I . I 'J/,Cf . ARTICLE 9 .- Nondiscrimination Section 9.1, Nondiscrimination. The provisions of Minnesota Statutes, Section 181.59, which . relate to civil rights and discrimination, shall be considered a part of this Agreement as though wholly set forth herein. . I I . . .. . I I I I . I it 13 I ------ ,''' I,ft I ARTICLE 10 I Develo[1er's Acknowled!!ments, Renresentations. and \Varrants .. Section 10.1, Acknowledgments. The Developer acknowledges that the City, in order to obtain funds for part of the City's activities in connection with the Project, has applied for a Grant to the I Commissioner under the MIF Program. Community Development Division, and that the City will be entering into the Grant Agreement with the Commissioner setting forth the terms, conditions, and requirements as to the Grant. I The Developer further acknowledges that the Developer has made certain representations and statements as to those activities of the Project to be carried out and completed by the Developer I which were contained in and made part of the application for the Grant and that the Developer is desi!!nated and identified under the Grant Agreement. - ~ A copy of the Grant Agreement shall be on file in the office of the Director of Facilities, for the I Developer and the City Administrators for the City. In the event any provision of this Agreement relating to the Developer's obligations hereunder shall be inconsistent with the I provisions of the Grant Agreement relating to the Developer's activities thereunder, the provisions of the Grant Agreement shall prevaiL The Developer acknowledges that nothing contained in the Grant Agreement or this Agreement, I nor any act of the Commissioner or the City shall be deemed or constructed to create any relationship or third-party beneficiary, principal and agent, limited or general partnership, or joint .. venture, or of any association or relationship involving the Commissioner. Section 10.2, Representations and \Varranties. Developer warrants and represents, in I connection with the Grant and for the benefit of the Commissioner and the City, that: (1) The representations, statements, and other matters provided by the Developer relating to I those activities of the Project to be completed by the Developer, which were contained in the application for the Grant, were true and complete in all material respects as of the date I of submission to the City and that such representations, statements, and other matters are true as of the date of this Agreement. (2) To the best of the Developer's knowledge, no member, officer, or employee of the City it I its designees or agents, no consultant, member of the governing body of the City, and no other public official of the City, who exercises or has exercised any functions or I responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit therefrom, which is I part of this Project. 14 I .. I I' '''Ir'1 ~. (3) The Developer acknowledges that the Commissioner, in selecting the City recipient of the Grant, relied in material part upon assured completion of the Project to be carried out by the Developer, and the Developer assures the City that said Project will be carried out by I the Developer. I (4) The Developer warrants that to the best of its knowledge, it has obtained all federal, state, and local governmental approvals, reviews, and permits required by law to be obtained in connection with the Project I (5) The Developer warrants that it shall keep and maintain books, records, and other documents relating directly to the receipt and disbursements of MIF loan proceeds and I that any dLlly authorized representative of the Commissioner shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents of the Developer until the completion of all closeout procedures I respecting the MIF loan and the final settlement and conclusion of all issues arising out of this loan. I (6) The Developer warrants that nO transfer of MIF loan proceeds by the City to the Developer shall be or be deemed an assignment of the loan proceeds and the Developer shall neither succeed to any rights, benefits, or advantages of the City under the Grant I Agreement, nor attain any right, privileges, authorities, or interests in or under the Grant Agreement. .. (7) The Developer warrants that it has fully complied with all applicable state and federal laws pertaining to its business and will continue said compliance throughout the terms of I this Agreement If at any time notice of noncompliance is received by the Developer, the Developer agrees to take any necessary action to comply with the State or Federal law in question. I I I I I I 15 ,. I It,{11 I ARTICLE 11 I Other Special Conditions -, Section 11.1, Antitrust. Developer hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust I laws of the State of Minnesota. Section 11.2, \Vorkers Compensation Insurance. Developer has obtained worker's , compensation insurance as required by Minnesota Statutes, 1982, Section 176.181, Subd. 2. Developer's Workers' compensation insurance information is as follows: I (I) Company Name: (/,\,-. ,~"^ \ n~'111 -,flf'?./ \ ,I ,'v<"" (2) Policy Number: WO '2.6Z Cj7 54 I (3) Local Agent: Y'I'IJ ") n"f: L~~J\I~ (~IJ.V' '" (rl H 1.l~r.::.r"',J...:( ;. 1~;'J.~,~~v:A}f- ,:J :)'3:;-."I-j I Section 11.3, Business with the State of Minnesota/State Tax Laws. Notice to Developer, You are required by Minnesota Statutes, 1982, Section 270.66, to provide your Minnesota tax I identification number if you do business with the State of Minnesota. This information may be used in the enforcement of Federal and State tax laws. Supplying these numbers could result in an action to require you to file State tax returns and pay delinquent State tax liabilities. This .. contract will not be approved unless these numbers are provided. These numbers will be available to Federal and State tax authorities and State personnel involved in the payment of State obligations. I Minnesota Tax ID (Developer): 60-52022 Federal Employer ID (Developer): 41-1344804 I I I I I 16 I .. I I' ',(,C/ ~- II'l WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. I I Subscribed and sworn to before CITY me, a Notary Public, on this j. -=)^"'(\ , By I =9dayof J; t'llil'....A~"-- , 193...L,. My Commission expires on 1- '1 i - :;I"" i) Position I I I .., f J..-tv-"~:v.....Q..- k:: "'~/}~ Subscribed and sworn to before DEVELOPER I me, a Notary Public, On this cD \~ 1 ..,.f\, : 2 day of I I L.<' .1.Z....___I..-<.-<.- , By ().A lx-~ 19 C( In . My Commission expires On ,-c- .. 1- 3 j --::Lao () Position D \12.Ec.Tu~ "'I- hl),c ILI'llc';. I County of t\fi..-,....('~ I 0) JEANINE K. SMITH NOTARY ItUBUC-M1fo1ESQTA ANOKA COUNTY I ,,"y COMM. EXPIRES 1-31-2ClCO I I I I 17 l- I ------------- ISi, .. EXHIBIT A .' PromissorY Note I $300,000.00 FOR VALUE RECEIVED, the undersigned (Developer) promises to pay to the order of the I City at 1450 West Highw'ay 96, Arden Hills, lvlinnesota 55112 or at such other place as the I holder shall designate, the principal sum of Three Hundred Thousand Dollars and No Cents ($300,000.00) with interest at the rate of three percent (3%) per annum. The principal balance and accrued interest shall become due and payable or forgiven in accordance with Article 5 of . this Agreement. Principal and interest shall be paid directly to the City or at such other place as the legal holder of . this Promissory Note may designate in \\Titing and payments, when made, shall be first applied against accrued but unpaid interest and then principal. The Developer guarantees payment hereof and waives demand, presentment, protest, notice of . protest, and notice of dishonor, and exonerates the City hereof from all duty and obligations to make demand for payment or delivery of any collateral now or hereafter securing this Promissory . Note, and agrees in the event of default to pay all costs of collection, including reasonable attorney's fees. The undersigned is hereby granted the right, option and privilege of prepaying any part or all of .. the indebtedness evidenced by this Promissory Note at any time without penalty. I 1. . I"~ I "-}""G(,VIV~~ ~ -K./lt ' DEUE~ 2 '. Subscribed and sworn to before me, a Notary Public, On this I ? <, ~ day of 1) 0" ".....l....c<..- Bv W c..... , 19 ci (, , My Commission expires On . r Position U \ "'-">c..fo..--\'- Ii,: ,) It:.,.i, \-31'--;loQ ,. . County of fi/1.~~ . JEANINE K. 6IoIITH . 1ICT_1'IaJC-_ NCAA COUNTY tlfCllOAL__ . .. I n .' '__. n EXHIBIT B '9/, GUIDANT " I . May 31,1996 .. RFCE/VECl Mr. Kevm Ringwald . ~ Director of Community Development, Arden Hills JUN 03 19% I 1450 West Highway 96 ~ Arden Hills, MN 551/2-5794 CfTf Or A,~UtN HiLLS I Dear Mr. Ringwald, I recently spoke with Cheryl Johnson concerning a grant request you received from . Cardiac Pacemakers, Inc, (CPI). Cheryl asked me to provide you with additional information concerning the financing of Guidant Corporation, CPI's parent company. I Guidant Corporation is financed through a combination of debt and equity. The debt portion of Guidant' s financing consists of approximately $366 million of commercial paper issued in the public debt market and $75 million of debt provided at commercial . paper rates through Wachovia Bank, I have provided our commercial paper offering memorandums and a copy of our commercial paper debt outstanding listing as of May 28, 1996 to support the existence of our commercial paper funding. CPI's grant request I specifies $9.1 million of project funding which is provided to CPI through this commercial paper vehicle, I am also providing a copy of our borrowing agreement with .. Wachovia Bank. Back-up liquidity for the commercial paper and Wachovia borrowing is provided by a five-year credit agreement with 17 banks who have committed to lend Guidant up to $600 million upon Guidant's request, I have enclosed a copy of the credit I agreement. The equity portion of Guidant's financing was obtained through an initial public offering I of stock on December 14, 1994. The proceeds of this offering totaled $192.5 detailed in the consolidated statement of shareholder's equity you see reported in the audited 1995 annual report I have enclosed. I Please contact me at 317-971-2007 with any questions you may have concerning the availability of financing specified in the CPI grant request. I Sincerely, I GUIDANT CORPORATION I ~~r;' --r- J'~",-tu- Kristin T. Sherman I Assistant Treasurer .. enclosures r ~'"'::'-'-""'-':_'~_''''_::'' .__ _. ___ -""'07'"'' ~-'.'::'~::~:::.-~: :.:>----_' "--.-=----3 ",-::~---. . r ~'tf?~~, f.~6rT f> 1/, STATE OF MINNESOTA RECEIVED ','" 1 5 1996 I '~~t-" OFFICE OF THE GOVERNOR .---~. fi~~;_,. .~~:i~l 130 STATE CAPITOL SAINT PAUL 55155 ~ "<;:;%8'"'' AR;-;E HCi'.RLSON GOVER~OR I August 12, 1996 I . The Honorable Dennis Probst Mayor, City of Arden Hills I 1450 West Highway 96 Arden Hills, MN 55112 . Dear Mayor Probst: . Congratulationsl The City of Arden Hills has been chosen to receive a grant in the amount of $300,000 from the Minnesota Investment Fund of the Minnesota Department of Trade and Economic Development to help support the expansion of Cardiac Pacemakers, Inc. I am .. delighted for you and for the City of Arden Hills. Clearly this grant award is a credit to you and your staff for developing a successful project I application to help address your community and economic development needs, Thank you for your commitment to making Minnesota a better place to live. work and raise a I family, I wish you every future success. Warmest regards, I k~~~,~ I Governor . I . f' (612) 296.3391 - Voice A~ EQUAL OPPORTUNITY EMPLOYER (612) 296-0075 - TDD . (800) 657-3717 - Voice PRINTED ON AECYCLED PAPER CONTAINING 15%POST CONSUMER MATERIAL (800) 657-3598 - TDD S'~'75 I I. CITY OF ARDEN HILLS MEMORANDUM I DATE: December 26, 1996 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrato@ SUBJECT: 1997 On-Sale Wine and Malt Liquor License I Backl!round The City has received an application from Giovanna D'Agostino for a wine and malt liquor I license at Ma Ma D's Restaurant, 3551 Lexington Avenue, Ma Ma D's is a new restaurant opening on January 6, 1997. I The applicant has submitted all documentation required as part of this application. Attorney Filla has reviewed these items and fOllnd everything to be in order. Background checks were I conducted by the Sheriff and no items of concern were identified. Recommendation . Staff would recommend the approval ofa wine and malt liquor license for Ma Ma D's restaurant at 3551 Lexington Avenue, I BF/sls I I I I I I ~ I ---- I ~ CITY OF ARDEN HILLS MEMORANDUM DATE: December 17, 1996 I TO: Brian Fritsingcr, City Administrator I FROM: Dwayne Stafford, Public Works Superintendcnt 9Y. SUBJECT: Street Sweeper Replacement I Background I The City of Arden Hills currently owns one (I) 1980 Elgin Street Sweeping machine, This was a used machine when purchased in 1988, and was previously owned by the City ofEau Claire, Wisconsin, During 1996 the City spent over $3,000 on repair parts alone in this machine. This I amount does not include broom replacement costs which any machine would accrue. Bud!!et I The Public Works Staff has budgeted $110,000 for the replacement of this machine in 1997. Discussing this with the sales representatives for this brand of sweeper, Staff feels this is a reasonable figure which should cover the machine and sales tax costs. ... State Bid The State of Minnesota purchasing department has in place a Cooperative Purchasing Venture, I which allows members of this agreement to purchase equipment and materials at the states price. These items have previously been bid to state specitications, and contracts have been awarded for I established time periods. The Public Works Superintendent has contracted Theresia Perry, Research Specialist with the League of MN Cities; who explained, if a City is a member of the State of Minnesota Cooperative Purchasing Venture Program they may buy directly off the state I contract. This meets bidding requirements and eliminates the need to advertise for bids. This would also eliminate legal disputes, when not proceeding with the lowest bid, and simplify specification writing as you can use the state specifications. I Swecper Contract The contract for the street sweeper purchase was awarded to Mac Queen Equipment Company of I St. Paul. This company contracts with the Elgin Pelican brand, which the City of Arden Hills is interested in. Attached is a copy of the MN DOT Sweeper specifications, and a list of Cities which have bought the Elgin sweeper off the State Cooperative Purchasing Venture in 1996, I I it I - I Trade In ~ The Arden Hills 1980 Pelican sweeper was appraised by MacQueen Equipment Company on December 12,1996. MacQueen has agreed to purchase the sweeper for $12,000, at the time of delivery ofa new sweeper or $13,000, if they can take possession in January, allowing then time to refurbish it before spring. Recommendation I The Public Works Superintendent recommends Councils approval for the City of Arden Hills to join the State of Minnesota Cooperative Purchasing Venture, costing the City a membership fee I of$350 annually. This amount would be saved on future purchases. The Public Works Superintendent further recommends Councils approval to order a new Elgin I Street Sweeper from MacQueen Equipment Company of St. Paul, Minnesota, at a price of $93,199. Less $13,000 forthe trade in, this brings the cost of the new sweeper to $80,199, plus a trade in. Sales tax On this amount would be $5212,94, This brings the total cost of this machine I to $85,411.94, I I ... I I I I I I I ea I