HomeMy WebLinkAboutCCP 10-27-1997
, FILE
AGENDA
ARDEN HILLS CITY COUNCIL MEETING
NEW BRIGHTON COUNCIL CHAMBERS
I MONDAY, OCTOBER 27,1997,7:30 P.M..
I THE REGULAR
I ECONOMIC DEVELOPMENT
AUTHORITY (EDA) MEETING
IS SCHEDULED FOR 7:25 P.M.
I
7:30 P.M. 1. Call to Order
I 7:30 P.M. 2. Approval of Meeting Agenda
I 7:30 P.M. 3. Approval of Minutes
a. October 14, 1997 Regular Council Meeting
b. October 20, 1997 Council Worksession
Ie 7:30 P.M. 4. Consent Calendar
Those items listed under the Consent Calendar arc considered to be routine by the City Council and will be
I enacted by one motion under a Consent Calendar format. There will be no separate discussion of these
items, unless a Council member so requests, in \....hich event, the item will be removed from the general order
of business and considered scparatdy in its normal sequence on the agenda.
I a. Claims and Payroll
b. Public Safety Commission, Stop Sign Recommendation, Northwoods
I Drive at Red Fox Road
c. Res. 1197-51, Adopting and Confirming Special Assessments for
Delinquent Utilities
I d. Proclamation, "Celebration of Literacy Day" in Arden Hills, November 1,
1997
I 7:35 P.M. 5. Public Comments
This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda.
In addressing the Council, please state your n3me Rnd address for the record, and a brief summary oflhe
I specific item being addressed (0 the Council. To aU ow adequate time for each person wishing to address the
Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be
distributed to the Council prior to the meeting, or as bench copies, to alla",' a more timely presentation,
I 7:40 P.M. 6. Unfinished and New Business
a. Gatewav Business District
t' 1. Res. #97-48, Providing for the Sale of $3,050,000 General
Obligation Tax Increment Bonds, Series 1997A
I
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I
AGENDA - PAGE TWO
ARDEN HILLS CITY COUNCIL MEETING
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, OCTOBER 27,1997,7:30 P.M.
6. Unfinished and New Business, Continued I
b. Planning Cases I
1. Case #97-05, North Heights Lutlleran Church, 1700 West Highway
96, Planned Unit Development (PUD) Amendment
2. Case #97-20, Katherine & Todd Conley, 3777 New Brighton I
Road, Variance
3. Case #97-21, Benjamin Sharpe, 1124 Benton Way, Variance
4. Case #97-22, David Monson & Mary Hirschboeck, 1175 I
Edgewater Avenue West, Variance
c. Res. #97-53, Authorizing the Commencement of Proceedings Under
Minnesota Statute 463.15, ET. SEQ. Relative to 1369 Forest Lane I
d. Res. #97-52, Opposing Legislation Providing a Public Subsidy for
Construction of Additional Professional Sports Facilities
e. Ordinance No. 302, Amending Cable Franchise Ordinance No. 226, I
Article II, Section 4, Franchise Term
8:40 P.M. 7. Administrator Comments ..
8:50 P.M. 8. Council Comments and Committeemepartment Activity Reports
I
9:00 P.M. 9. Adjourn
The above times may vary depending upon length of issue discussion. I
n~c~mh~r \ICl'lin"~
November Meetinp's ~c~ml:>~r.3 PbnningCommislion J:3np.M. I
November j Planning Commission nOP,M. Do:c~mbcr.J TrulhlnTaUI.on i:JOP.,'l.
ll",.rilll:
l'"ovember 10 Council Meeting 7:30P.M. Do:c~mhcrS Council :'l~ttinl,': 1:.30P..'1. I
:\ovember 17 Council \Vorkscssion ll"~c,,, 1-.." II Truth InT~\Dlii)1I i:Jui'.M.
":"5 P.i\l. Contiuu;ltion H~;lrin:
(1r:"iwJ~d)
November 19 Bus iness Deve lopmem 8:00A.M. I
COl1lmitt~1:: Ot~cm"<:r15 COlln~iIWorl;.s~slinn .J:.J~ P.;-'1.
Oc~elllber 15 Oudj;el Adoption 7:JOP.M.
November 20 FinJnce Committe~ 1:30 P.M. "";lrSn\:
November 20 Public Saf~ty 1:jO P.M. D~.':l1I!:>a IJ [),,>il\~>, D~...~lvPIll"1Il 8:00A.M. I
COmmi(le~
Commission
Dec,:mb.:r I~ fi'lan~eCommi(:ee J:3Or.;..l.
November 24 Economic Development 7:00 P.M. 1:30P......1.
Dec.:mb.:r 1& l'ubli~ S.lfcty
Authority C..,mmi~5ion I
l\o\'cmber 2-1- Council i\lecting 7:30P.M. l"OT P"rb.'tR.:cre;\ti"I\ 7:00P.:-l
SCHEDULED Commission --
November 25 Parks & Recreation 1:00 P.M. Decembcr~9 Econc'mk D,:,-e1opmenl 1:00 p_~t.
Commission Authoril)
()eccmber~9 Councill\lu1inz 7:JOP.;\I.
November 26 Newsletur Committee PENDING
:-';OT ~e,,>lclLcr COll'l1lill~c 6:00P.M.
November26 Hwy. 96 Task Force PENDING SCHEDULED ,
NOT H"'"}.. 96T;uk Force 7:00P.M.
SOIEDULED
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I ~. ~(b.J 10/';)..,10
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I~
I
I BOND SALE REPORT
I
I $3,050,000
General Obligation Tax Increment Bonds,
I Series 1997 A
I City of Arden Hills, Minnesota
I
Ie
I
I
I
I October 27, 1997
I
I
I
1- ft Ehlers and Associates, Inc.
.
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I -'
I. OVERVIEW
I This report describes the proposed plan for the City of Arden Hills to issue
I $3,050,000 General Obligation Tax Increment Bonds, Series 1997 A. This report
has been prepared by Ehlers and Associates, in consultation with City staff and
bond counsel. This report deals with:
1 . Purpose and components of bond issue.
I . Structure.
I . Other considerations in issuing bonds.
. Market conditions.
I . Issuing process.
I
.- PURPOSE
I The $3,050,000 General Obligation Tax Increment Bonds, Series 1997A (the
"Bonds") are being issued pursuant to Minnesota Statutes, Chapters 469 and
475. The Bonds are being issued to fund various public improvements within and
I adjacent to Tax Increment Financing District No.2 in the City.
Project estimates include:
I Relocated 14th Street Improvements $1,224,000
I Round Lake Road!
Highway 96 Intersection Improvements 1,462,000
Contingency 4,448
I Total Project Costs $2,690,448
. Financing these projects requires a bond issue in the amount of $3,050,000. The
I proposed finance plan consists of the following sources and uses of funds:
I-
I Page I
I
I. Sources
I Par Amount of Bonds $3,050,000
Total Sources $3,050,000
. Uses
Total Project Costs $2,690,448
I Discount Allowance 38,125
Capitalized Interest 291,427
Finance Related Expenses 30,000
I Total Uses $3,050,000
, STRUCTURE AND REPAYMENT
I The Bonds are general obligations of the City of Arden Hills and as such are secured
by a pledge of the City's full faith, credit, and taxing powers. It is the intent of the
. City to pay 100% of principal and interest from a pledge of tax increments collected
in Tax Increment District No.2, primarily from approximately 430,000 square feet
.- of commercial development proposed by Welsh in four phases.
The repayment schedule has been structured to match anticipated collections of tax
I increment revenues. The assumptions for the collection of these tax increments are
found in Exhibit 1. The assumptions include a change in commercial property tax
class rates to 3.5%, an assessor's market value of $30 per square foot, and a total
I square footage of 430,000 square feet. All of these are conservative assumptions and
still have a debt service coverage of 1l0% to 115%. Moderate assumptions (4%
class rates and 500,000 square feet of construction) would show $140,000 more in
. tax increment per year with 160% debt service coverage.
I It is also anticipated that the 14th Street Improvements and Round Lake
RoadlHighway 96 Intersection improvements will be secured by special assessments
until each of the four commercial buildings are built.
I The Bonds would be sold November lO, 1997 and be dated December 1, 1997. The
I first interest payment on the Bonds will be August 1, 1998, and semiannually
thereafter on February I and August I. Principal on the Bonds will be due on
February I in the years 200 I through 2015. .
I The projected debt service and flow of funds can be found in Exhibit 2. The tax
,- increment cash flow is found in Exhibit 3.
I Page 2
I
I. OTHER CONSIDERATIONS
I Following is a summary of key factors in the finance plan:
, . We recommend the following call feature:
I Bonds maturing February 1, 2006 and thereafter will be subject to prepayment
at the discretion ofthe City on February 1, 2005.
. . We anticipate that the City (in combination with any subordinate taxing
jurisdictions or debt issued in the City's name by 501 (c)3 corporations) will not
I issue more than a total of $10,000,000 in tax-exempt debt during this calendar
year. This will allow the Bonds to be designated as bank qualified. Bank qualified
status broadens the market and achieves lower interest rates.
I . Because the City is not issuing more than $5,000,000 in tax-exempt obligations
I during calendar year 1997, the debt will qualify for the small issuer exemption
from arbitrage rebate.
.- . The Bonds will be global book entry. As "paperless" bonds, you will avoid the costs
of bond printing and the need for registrar/paying agent. The City will appoint
itself as registrar/paying agent.
. . Standard and Poor's Corporation will be asked to rate this issue. The City
. currently has no outstanding credit rating since it has no bonds outstanding.
Previously the City had an Al Moody's Investors Service bond rating.
I We hope to secure a similar rating from Standard and Poor's which would be an
A +. Bonds rated A in the past month sold at a 5.37% TIC. These Bonds were
I similar in size with a slightly longer term than the schedule proposed for Arden
Hills. Coupon rates ranged from 4.35% in 2001 to 5.50% in 2018. If current
market conditions continue, we expect similar results.
, . We will request that bond insurance companies review this issue and qualify it for
bond insurance. If qualified and purchasers choose to purchase the bond
I insurance, the issue will be rated "Aaa" by Moody's Investors Service and/or "AM"
by Standard & Poor's Corporation. The estimated cost of the premium and the
I associated rating fees should be offset by the lower interest rates the community
will receive by offering this issue "Aaa" rated and insured. It would be the option
I- of the bidders if they purchase bond insurance.
I Page 3
-.-. -- - L
I
I. . New regulations of the Securities and Exchange Commission on the continuing
I disclosure of municipal securities apply to long-term securities with an aggregate
principal amount of $1,000,000 or more.
I Because the aggregate amount of this issue is over $1,000,000 but the City has
less than $10,000,000 in total municipal obligations outstanding, you will be
I required to comply with Limited Continuing Disclosure requirements of paragraph
(b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission
. under the Securities Exchange Act of 1934. You will be obligated to provide
certain financial information and operating data relating to the City upon request
and to provide notices of the occurrence of certain material events. The specific
1 nature of the Undertaking, as well as the information to be contained in the
notices of material events will be detailed in the Undertaking you will enter into
at the closing for this issue.
I You are responsible for reporting any of the material events listed below
I and in the Undertaking.
1. Principal and interest payment delinquencies;
I- 2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
I 4. Unscheduled draws on credit enhancements reflecting financial
difficulties;
5. Substitution of credit of liquidity providers, or their failure to perform;
I 6. Adverse tax opinions or events affecting the tax-exempt status of the
securities;
7. Modification to rights of holders of the Securities;
I 8. Securities calls;
9. Defeasances;
10. Release, substitution or sale of property securing repayment of the
I Securities;
11. Rating changes;
12. Failure to provide annual financial information as required; and
I 13. Other material events.
I MARKET CONDITIONS
I The graph on the following page shows the trends in the Bond Buyer's 20-Year
G.O. Index: (BBI) since 1990. While interest rates have risen from historic lows
.- in 1993, current rates still mirror conditions found several years ago.
1 Page 4
I
I. Bond Buyer's 20-Year G.O. Index
I
. 8. 00% ,
!
I i
,
1 7.50% ~----- -~ T-----
. i
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,
, I
I
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7.00% ,
r ..
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.e ,
,
i I
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6.50% i i
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i ,
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. 6.00% _ __ m ,
i I I
I I I I
I
I
, 5.50% ------- I
I I
I 5.00%
Ie 1990 1991 1992 1993 1994 1995 1996 1997
I Ehlers and Associates
I
I. ISSUING PROCESS
I
I Following is a tentative schedule for the steps in the issuing process.
1 October 14, 1997 City Council adopts resolution calling for the
sale of the Bonds
I Week of October 27, 1997 Submit draft Official Statement and rating
materials to Standard and Poor's Corporation
I for credit rating
October 30, 1997 Meeting with Standard and Poor's
I Corporation
Week of November 3 Distribute Official Statement
1 Week of November 10 Receive credit rating
.- November 17, 1997 EDA approves Pledge Agreement
November 17, 1997 Bond sale
1 Week of December 8,1997 Bond closing
I
I
I
N \MINNSOT A\ARDENH~97DEB1\PRESALE,
1
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I- CITY OF ARDEN HILLS
MEMORANDUM
I DATE: October 24, 1997
I TO: Mayor and City Council
n' F" C' Ad .. fi;/)
FROM: nan < ntsmgcr, lty nUlllstrat, r '
I SUBJECT: Administrator Comments for the ~er 27, 1997 Council Meeting
I
THE REGULAR
I ECONOMIC DEVELOPMENT
AUTHORITY (EDA)
MEETING IS SCHEDULED
I FOR 7:25 P.M.
I 1. Approval of Minutes
The Council is asked to approve the Minutes of the October 14, 1997 Regular Meeting
.. and the October 20, 1997 Council Worksession.
2. Consent Calendar
I a. Claims and Payroll
The Council is asked to approve claims in the amount of$184,704.05, and payroll
I for the period most recently ended. The Council should note payment to the Cily
of Roseville in the amount of $137,984.78 for third quarter water purchases.
I b. Public Safety Commission. Stop Sign Recommendation. Northwoods Drive at
Red Fox Road
The City Council is asked to consider the approval of the placement of a new stop
I sign at the comer of Northwoods Drive at Red Fox Road. The Public Safety
Commission reviewed this item and recommended approval of this action.
I c. Res. #97-51. Adoptin!! and Confirming Special Assessments for Delinquent
Utilities
I The City Council is asked to adopt Resolution #97-51, adopting and confirming
special assessments for delinquent utilities. The City Council has historically
. adopted a resolution certifying the delinquent utilities. This year, the City is
~e certifying 59 accounts with a total outstanding balance of$25,138.66.
I
,
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I
Administrator Comments for the October 27, 1997 Council Meeting .1
Page Two
October 24, 1997
d. Proclamation, "Celebration of Literacv Dav" in Arden Hills. November 1. I
1997
The City Council is asked to proclaim November 1,1997 as Celebration of I
Literacy Day in Arden Hills. The City Council has made a similar proclamation
in recent years,
3. Unfinishcd and New Business I
a. Gateway Business District I
1. Rcs. #97-48. Providinl!: for the Sale of$3.050.000 General Oblig-ation
Tax Incrcmcnt Bonds. Scrics 1997 A -
The City Council is asked to adopt Resolution #97-48, providing for the
sale of $3,050,000 General Obligation Tax Increment Bonds, Series -
1997 A. Staff has reviewed the various public improvement costs related
to the continued development of the Gateway Business District, and
believes that the amount proposed is accurate. The debt services related to I
the issuance of these bonds is protected by the generation of Tax
Increment Financing (TIF), special assessments, and assessment
agreements with the current developers. --
b. Planning- Cases
1. Planning- Case #97-05. North Heig-hts Lutheran Church. 1700 West I
Highway 96. Planned Unit Develonment (PUD) Amendment
The Planning Commission has recommended approval of the PUD -
amendment for North Heights Lutheran Church with the addition of brick
elements and additional landscaping. -
2. Case #97-20. Klltherinc & Todd Conley. 3777 New Brighton Road.
Yariance ,
The Planning Commission has recommended approval of a side yard
setback variance for a detached garage.
3. Case #97-21. Beniamin Shllrlle. 1124 Benton Wav. Variance I
The Planning Commission has recommended approval of a variance for a
home addition. -
4. Case #97-22. Dllvid Monson & Mary Hirschboeck. 1175 Edl!:ewater
Avenue West, Variance --
The Planning Commission has recommended approval of a side yard
variance for an attached garage addition and home addition, and denial of
a front yard setback for a deck. I
I
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I. Administrator Comments for the Octobcr 27, 1997 Council Meeting
Page Three
October 24, 1997
I 5. Case #97-19. Robert Bergquist. 3973 Dellview Avenue. Variance
The Bergquist variance request, which was reviewed at the October 1,
I 1997 Planning Commission meeting and was to have been reviewed by the
Council this eyening, has been withdrawn by the applicant.
I c. Res. #97-53. Authorizin!! the Commencement ofProceedin!!s under
Minnesota Statute 463.15. ET. SEO. Relative to 1369 Forest Lane
I The City Council is asked to adopt Resolution #97-53, authorizing the
commencement of proceedings under Minnesota Statute 463.15, ET. SEQ.,
relative to 1369 Forest Lane. This action would allow for the City to begin the
I abatement on 1369 Forest Lane, and direct the City Attorney and Building
Ot1lCi3! to undertake all necessary actions related to this abatement. This homc
was damaged by lire earlier this summer. The City has attempted to get the
I property cleaned up with no success. The approval of this action would allow the
City to begin formal abatement proceedings to get the property cleaned up.
I d. Res. #97-52. Opposing Legislation Providing a l'ublic Subsidy for
Construction of Additional Professional Sports Facilities
The City Council is asked to adopt Resolution #97-52, opposing legislation
.. providing a public subsidy for construction of additional professional sports
facilities. This resolution is presented to the City Council at the request of
Senator Linda Runbeck.
I e. Ordinance No. 302. Amending Cable Franchise Ordinance No. 226. Article
I II. Section 4. Franchise Term
The City Council is asked to adopt Ordinance No. 302, amending Cable Franchise
Ordinance No. 226, Article II, Section 4, Franchise Term. The adoption of this
I ordinance extends the term of the existing franchise agreement several months.
This is the period of time expected to be necessary to have the new franchise
agreement resolved.
I 4. Department Report
The City Council will find the department report enclosed for each of the various City
I Departments. Activities related to the Administration Department include:
a. General Administration
I l. Midwest Asphalt Case
Staff participated in several meetings, depositions and pre-trial
~ conferences regarding the Midwest Asphalt litigation. The case is
expected to go to trial in November.
,
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I
Administrator Commcnts for the October 27, 1997 Council Meeting .-
Page Four
October 24, 1997
2. North Suburban Cablc Commission Franchise Agreement Renewal I
Staff has begun the review of the Franchise Agrecment with the North
Suburban Cablc Commission. Staff anticipates that a formal resolution -
will be presented to thc City Council in the near future.
3. City Hall I
Staff and Mayor Probst met again with General LeBlanc to discuss the
status of the land transfer with the Minnesota National Guard. Design
work has begun on the new facility. -
4. Columbus Dav Clean Up
On Columbus D:\y, October 13, st:\ff rc-mmnged sevcml offices and I
hauled out four trash barrels full of paper for recycling. The files are
slowly taking shape. Thc City may want to consider an additional day I
prior to moving into new facilities to further arrange files.
5. Codification I
Staff provided a formal letter to the League of Minnesota Cities (LMC)
regarding the codification project. LMC was to have provided revisions
several weeks ago, but to-date, nothing has becn received. This is still ..
programmed for completion in 1997.
6. Northwest Youth & Family Services, Joint Powers Agreement I
Staff researched and prcpared for the presentation of the Joint Powers
Agreement \vith Northwest Youth and Family Services.
b. Committee Updates I
1. Firc Services Task Force ,
With the recent decision to proceed to negotiations on a Joint Powers
Agreement (JPA), the City Council should decide the status of the Task I
Forcc. If its work is complete, 1 will send letters of thanks to the
committee. It may be appropriate for the Task Force to review the JP A
prior to providing it to the City Council. I
Staff met with representatives of the Lake Johanna Volunteer Fire
Department, the Cities of North Oaks and Shoreview, and Attorney Filla I
to discuss the JP A. The goal is to try to have some closure on this issue by
next spring. Attorney Filla will begin drafting a JP A and separate service
agreements. Once an initial draft is completed, these individuals will meet ~
agam.
I
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1_ Administrator Comments for the October 27, 1997 Council Meeting
Page Five
October 24, 1997
I 2. Newsletter Committee
The Newsletter Committee will be meeting next week to begin work on
I the November edition of the Arden Hills Notes. This witl be Sharon
Hanzalik's first meeting/edition as editor (publisher).
I e. Community Development
I 1. Gatewav Business District (GBD)
This activity has once again been the focus of most of staffs attention
during the past month. Numerous meetings with attorneys, Welsh,
I Naegele, engineers and the railroad have taken place. The City approved
the Purchasc Agrcement with Nacgele and a numbcr of changes to the
Development Agreement. The next item of discussion is the issuance of
I bonds to finance the public improvements.
d. Personnel
I 1. Management Traininlj:
The Department Heads have begun a program which includes a series of
.- management training skills. These half day sessions will be held over the
next six months, and if completed, will provide certification to the
I participants.
2. Union Negotiations
I Staff has had several meetings with representatives of1.0.U.E. Local No.
49. It appears we are nearing a recommendation for settlement. Related
to this, the City witl for the first time, be required to report the specifics of
I the settlement to the State of Minnesota.
3. Personnel Policv
I The City has received the second draft of the personnel policy. I had
hoped to have this reviewed at the October 20 Council Worksession, but
will now aim for the November 17 Worksession.
I e. Public Works/Safety
I 1. Meeting with Mounds View High School Staff and Students
Staff participated in several meetings with Mounds View High School
~ staff and students, and provided the information necessary for the school
to arrange the October 8, 1997 neighborhood meeting.
I
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Administrator Commcnts for the October 27, 1997 Council Meeting "I
Page Six
October 24, 1997
2. Highwav 96 Reconstruction I
Staff participated in several meetings with Ramsey County and the State
of Minnesota officials to discuss the Old Highway IO/Highway 96 I
interchange area. The state needs to rcview this area before it can take
formal action on thc plans, and specifically the I-35W bridge replacemcnt.
3. Consulting Engineer Transition I
Staff has been involved in numerous meetings and conference calls trying ,
to facilitate the transition of consulting engineer from Howard R.
GreenlMSA to BRW, Inc.
f. Council Priorities I
The City COlmcil has asked for staff to keep them apprised of the workload issues
related to the priorities established at the 1997 Retreat. Those priorities were: I
. Economic Development
. Bricks and Mortar
. Infrastructure I
. TCAAP
The City Council briefly reviewed and discussed these items at its September 15, --
1997 Worksession. The consensus of the City Council was that these priorities
were still appropriate. The City Council recognized that the "Economic
Development" priority, which can be directly attributed to the development of the ,
Gateway Business District, has become the primary priorily for all of the
Department Heads.
In order to focus on this one priority, the time available to work on the other I
priorities and municipal projects have been seriously affected. Staff continues to I
work through the most critical items which need to be brought forward to the City
Council for discussion and action. Those items which are not critical in nature are
being addressed as time allows or have been set aside until such time that the I
GBD project is complete.
As identified in the department reports, some of the other priorities appear to be I
positioning themselves for discussion in the near future. If so, staff will need to
discuss the long-term affect of these on the ability to undertake the day-to-day
activities of City Hall. Staff is preparing some additional information related to I
these items for Council review next month.
BF/sls ~
I
- ~ , DRAFT
- MINUTES
I CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
.. OCTOBER 14,1997
7:30 P.M. - ARMY RESERVE CENTER
-
CALL TO ORDERfROLL CALL
I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
I City Council meeting at 7:44 p.m.
Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks,
I Susan Keim, and Paul Malone.
Absent: None.
I Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post;
City Attorney, Jerry Fila; Community Development Director, Kevin Ringwald; Parks &
I Recreation Director, Cindy Walsh; Public Works Superintendent, Dwayne Stafford;
Administrative Secretary, Sheila Stowell; and Recording Secretary, Carla Wirth.
I ADOPT AGENDA
Mr. Brian Fritsinger, City Administrator, distributed a Revised Agenda and noted the following
I. revised items under "Unfinished and New Business": the deletion ofltem 6.a.3., 'Tax Increment
Financing (TIF) Update, which would be addressed by the Economic Development Authorily;
I the deletion ofItem 6.a.5., Resolution #97-48, Providing for the Sale of$3,050,OOO General
Obligation Tax Increment Bonds, Series 1997 A; the addition of Item 9.a.4, "Change Order No. I,
Fourteenth Street NE Road and Utility Project; and the addition ofItem 9.a.5., Resolution #97-
I 50, Authorizing Condemnation of Property in Connection with Fourteenth Street NE Road and
Utility Project.
I Mr. Fritsinger did suggest that staff be allowed to provide an update with regard to the sale of
TIF bonds for the Welsh project.
I Mayor Probst suggested adding this update to the Agenda as Item 9.a.6 on the Revised Agenda.
MOTION: Aplikowski moved and Keim seconded a motion to adopt the agenda for the
I October 14,1997, Regular City Council meeting as revised. The motion carried
unanimously (5-0).
, APPROVAL OF MINUTES
A. September 22,1997, Special Meeting, Consulting Engineers Interviews
I B. September 22,1997, Joint Worksessiori, Cities of Shore view & North Oaks
C. September 22, 1997, Special Meeting
~ D. September 29,1997, Regular Meeting
I
DRAW'"T , -
"il 'r
ARDEN HILLS CITY COUNCIL - OCTOBER 14. 1997 2 -
Councilmember Malone requested the following change be made to the September 29, 1997, I
e.
Regular Meeting minutes:
Page 6, sixth line of MOTION: Change the word "rational" to "rationale." -
MOTION: Keim moved and Aplikowski seconded a motion to approve the September 22, I
1997, Special Meeting, Consulting Engineers Interviews; September 22,1997,
Joint Worksession, Cities of Shoreview & North Oaks; September 22, 1997, I
Special Meeting as presented and the September 29, 1997, Regular Council
Meeting minutes as amended. The motion carried unanimously (5-0).
CONSENT CALENDAR I
A. Claims and Payroll I
B. Resolution #97-46, Authorizing Application for Recycling Grant Funds for 1998
C. Tony Schmidt Park Task Force Appointments
D. Resolution #97-49, Resolution Concurring with Ramsey County to Establish I
County Road F as a County State Aid Highway
MOTION: Malone moved and Keim seconded a motion to approve the Consent Calendar as I
submitted and authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0). el
PUBLIC COMMENTS
Mayor Probst invited the audience to address the Council on any issue not already on the agenda. .
No one appeared to address the Council for Public Comments. I
UNFINISHED AND NEW BUSINESS
A. Gateway Business District (GBD) I
1. Planning Case #97-06, Welsh, Progress Update
I
Mr. Fritsinger advised that the developer has provided some additional information since the
Council packet was prepared. The Council spent several minutes to review the updated staff I
report.
Mr. Kevin Ringwald, Community Development Director, explained that staff has been dealing .
with Naegele for quite some time to acquire parcels of property and address the billboards. One
of the issues staff has been dealing with is to get Fairway Outdoor Advertising to agree to the
Purchase Agreement. Their attorney had concern about approving the proposal to swap the I
billboards, so staff has worked on language to indicate that if the City is working with a project
such as the Gateway Business District (GBD), and if required, billboards could be relocated as ..
long as the number of billboards decrease, making the property less non-conforming.
I
- , Of,'; AE:T
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- ARDEN HILLS CITY COUNCIL - OCTOBER 14 1997 3
-
J. In this case, the number of billboards will decrease from seven billboard faces to four billboard
faces. He advised that Fairway Outdoor Advertising requested specific language in the City
I Code to address that. Howevcr, this issuc was just raised and it takes a while to go through this
process. Also, time is of the essence. Mr. Ringwald stated stalf has started this process and has
I been working with Jeff Brown of Fairway Outdoor Advertising. He explained that it appears
both parties are following the same thoughts. He advised staff will hold a phone conference with
all parties tomorrow and, hopefully, be able to conclude this long drawn-out process.
I Mr. Ringwald noted there is no change in the closing date (October 31, 1997) or park dedication
fee. He advised that stalf did meet with Ray Duran, Chief Maintenance of Way Officer and
I Wayne Hall, Director of Operations of the Minnesota Commercial Railroad on October 14, 1997
on the site of the transload operation in GBD. At that meeting, they discussed the survey
information which showed them the encroachment of the trans load operation onto private
I property. Staff discussed its desire to relocate this operation to a place which would be entirely
within the railroad's right-ot~way and they indicated they would relocate their tracks to the south
I side of the railroad tracks and to restore the property on the north side of the tracks to its previous
condition. Staffalso discussed the City's desire to obtain a slope easement on the north side of
the tracks for the relocated Fourteenth Street. The representatives of Minnesota Commercial
I Railroad stated they would not oppose such an easement and the granting of such an easement
would be up to the owner of the property which is MT Properties. Mr. Ringwald advised that
staff has had previous discussions with MT Properties regarding the slope easement and it
I. appears they are in favor as long as the tenant found it acceptable.
Mr. Ringwald advised that staff also discussed the potential of open-cutting the railroad tracks,
I rather than boring underneath them, since it is considerably less expensive. The representative of
Minnesota Commercial Railroad indicated that open-cutting would be acceptable but they would
need to review the timing and reconstruction plans with the City Engineer.
I In response to Mayor Probst, Mr. Ringwald explained that dealing with MT Properties has been
quite pleasant and amenable.
I Jerry Filla, City Attorney, advised that the Council could consider condemning the Fairway
I Outdoor Advertising property if the Purchase Agreement is not successfully negotiated in the
immediate future. As far as the agreement is concerned, he stated they are attempting to expedite
it but there appears to be more concern about relocation of the sign than the sale of the property.
I He suggested that the City offer to purchase the property and allow them to use portions pending
expiration of their tenant leases. He noted the contractor has indicated they are able to work
around the one sign that is there.
I Mr. Ringwald noted the four issues relating to Tax Increment Financing (TIF). He advised that
stalf was informed by the applicant's consultant today that their fire consultant calculates that a
I ten-inch watermain is required. However, Staff has not yet seen this information and would need
to verifY that.
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Dwayne Stafford, Public Works Superintendent, reviewed the per foot costs for various ....
dimensions of piping and estimated that the cost would not be very much more to upgrade from a
ten. inch to a twelve-inch watennain. I
Mr. Ringwald reviewed the landscape plan which the applicant modified to enhance the north .
side of Phases 1II and IV. He pointed out the area directly behind the loading area which is the
high area of the site and explained that staff is supportive of the requested landscape changes
except for the placement of the casterly two groupings on Phase 111 and the westerly grouping on I
Phase IV which staff believes should be relocated north towards the conservation easement. He
explained that this relocation towards the hill will bc more effective for screening.
Mr, Ringwald reported that the applicant's plan for parking on Phase IV still shows the "proof- I
of-parking" within the confines of Pond #5 and the applicant's consultant has not received the
necessary approvals for the pond outlet structure from Phase IV, .
2. Park Dedication, Welsh
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Ms. Cindy Walsh, Park and Recreation Director, explained the City Council is asked to approve
the park dedication often percent which includes the dedication of a twenty-foot wide trail .
easement and $50,789.69 remaining cash in lieu, or the easement and the construction of a ten-
foot wide trail. These revised figures are based on the conversation held with the Council on
September 29, 1997. ..
Mayor Probst asked if the trail easement plus cash is being proposed. Ms. Walsh stated this is
correct, or the applicant could construct the trail instead of the cash in lieu. I
Dick Zehring, Welsh Development Company, stated they are comfortable with this
recommendation. I
Councilmember Hicks asked if the trail construction will be on the site. Ms. Walsh stated this is
correct and would be around the new development area. I
Councilmember Hicks asked if this would be a fair comparable financial trade. I
Mr. Zehring commented that there may be some cost savings in construction of the trail versus
$50,789.69 in cash but it depends on the precise alignment ofthe trail. He stated they are I
comfortable with either option.
Councilmember Hicks asked if the City would develop the plans and specifications for this trail. I
Ms. Walsh stated this is correct and advised that the trail will eventually connect to the City's
trail system.
MOTION: Malone moved and Hicks seconded a motion to approve a park dedication Welsh I
Companies, Phases 11, Ill, and IV, of ten percent which includes the dedication of -.
a twenty-foot wide trail easement and $50,789.69 cash in lieu, or the easement
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.. and the construction of a ten-foot wide trail. The motion carried unanimously (5-
0).
RECESS AND RECONVENE
I Mr. FiIla recommended the Council recess and reconvene as the EDA to address the issue Tax
I Increment Financing request of Welsh Development Company. Following that discussion, he
recommended that the Council reconvene its meeling to complete the agenda.
MOTION: Malone moved and Keirn seconded a motion to recess the meeting at 8: 15 p.m.
I The motion carried unanimously (5-0).
I Mayor Probst reconvened the meeting at 9:45 p.m.
UNFINISHED AND NEW BUSINESS. continued
I 3. Resolution #97-47, Accepting Bid and Authorizing Execution of Contract in
the Matter of the Fourteenth Street NE Road and Utility Project
I Mr. Fritsinger explained that the Council is asked to adopt Resolution #97-47, accepting bid and
authorizing execution of the contract in the matter of the Fourteenth Street NE Road and Utility
'. Improvement Project. He reviewed tile six bids that were received ranging from a high bid of
$985,818.30 to a low bid of$7l3,700 by Lametti and Sons of Hugo, Minnesota. He explained
that Fourteenth Street was initially bid about 60 days ago, prior to some of the changes which
I have taken place in the construction and site plans of this project. Mr. Fritsinger asked the
Council to keep in mind the issue of clearing and grubbing of the site and the actual changes
I related to the elevation shifts, At the time of the bid, conversations were about mass grading of
the development site and road area because the project was expected to get underway yet this
Fall. He advised that the Council has several items to consider specific to this. One of the key
I issues relates to the assumption that the road, in its proposed location, is the location (regardless
of the Welsh project proceeding) where the City wants to locate the road. If that is agreed to, the
risk is minimal. Mr. Fritsinger stated the agreement will need to be amended to allow the City to
I terminate should Welsh not proceed. He reported that the low bidder has agreed to allow that
amendment.
I Mr. Fritsinger explained that the biggest issue relates to access since the developer has not closed
on all of the property or financing. Also, the City has not closed on the acquisition of the
Naegele property. Therefore, there is a need to receive and obtain rights of entry from those
I property owners. He reported that Staff has talked with Naegele about this and they have
indicated they will look at it but not indicated how long it will take. Mr. Fritsinger stated he is
comfortable with proceeding with award of the bid with five conditions as foIlows:
I 1. Execution ofright of entry and security agreements with Welsh Company;
fI 2. Execution of right of entry agreement with MT PropertieslMN Commercial Railway
Company;
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3. Additional language be inserted into the contract with Lametti which allows the City to ..
terminate the contract at the completion of clearing and grubbing and/or completion of
utility improvements;
4. Certification of plans and specifications by the City Consulting Engineer; and
5. Execution of right of entry with Naegele/Morris Communications. I
Mr. Fritsinger reported that a meeting on the certification of plans and specifications is to be held
on Thursday of this week and it is hoped it can be brought to closure quickly. I
Mr. Filla recommended going beyond the right of entry and to also obtain easements from the
Welsh Company, Raihvay, and Naegele to assure the City's right to keep the utilities in the I
ground. He recommended that the words "and easements" be inserted into recommended
conditions 1, 2, and 5.
In response to Councilmember Malone, Mr. Ringwald explained the issue of the 10-inch or 12- I
inch watermain is from Gateway Boulevard to the back of the site to a fire hydrant that serves I
Phases 1 and n.
Mr. Fritsinger advised that the City Attorney is currently evaluating additional language I
addressing the start date and the City's financial risk. 11 is also possible for a Change Order to be
prepared relating to the clearing and grubbing of the site. Mr. Fritsinger reported that staff is
attempting to obtain a copy of the bid tabulation. .'
MOTION: Malone moved and Hicks seconded a motion to adopt Resolution #97-47,
Accepting Bid and Authorizing Execution of the Contract in the Matter of the I
Fourteenth Street NE Road and Utility Improvement Project subject to the five
conditions as amended by the City Attorney to also require the execution of
easements. I
Councilmember Aplikowski stated this appears a bit premature and asked why it is being rushed.
Mr. Fritsinger explained the major reason it is being addressed at this time is due to the late I
construction season and need for completion prior to building construction next spring.
The motion carried unanimously (5-0). I
4. Change Order No.1, Fourteenth Street NE Road and Utilily Project I
Mr. Stafford explained it was originally thought that Welsh Company would do the grubbing,
clearing and grading of the street portion of the project. But, that will not be done by Welsh and I
the Council, at its September 22, 1997, meeting, authorized the expenditure of additional tax
increment by the City to pay those costs. Mr. Stafford reported he received a quote from Lametti
and Sons in the amount of $4,250 per acre. Based on four acres being cleared, the cost would be I
estimated at $17 ,000. He asked the Council to consider approval of this change order and
advised that another change order will be coming up to change the grade of the street since ..
Welsh will raise the grade of the surrounding properties.
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.e MOTION: Malone moved and Keirn seconded a motion to approve Change Order No. I,
Fourteenth Street NE Road and Utility Project, at a cost of $17,000. The motion
carricd unanimously (5-0).
I 5. Resolution #97-50, Authoriziug Condemnation of Property in Connection
with Fourteenth Street NE Road and Utility Project
I Mr. Fritsinger explained the proposed rcsolution relates to the condemnation of property which
the City is attempting to purchase from Naegele Outdoor Advertising. He stated he is hopeful
I things can be worked out tomorrow but the timing of the project has become difficult. He noted
the specific language of the proposed resolution directing the continued use of all reasonable
efforts for the acquisition of the property through negotiation provided that negotiations do not
I unreasonably delay the construction of the project.
Mr. Fritsinger stated the biggest issue relates to the costs of condemnation but, in this case, the
I cost is relatively low. However, the question is what is being paid for the billboard and
amortization of the long-term lease of the billboards and will have to be looked at carcfully.
I Mr. Filla reported the property owner indicated they have a month-to-month lease which will
impact the cost to acquire the property.
Ie Mayor Probst noted the billboards are not correctly located. Mr. Fritsinger stated this is the
staffs understanding and may play into the overall discussion.
I Mr. Filla stated he is hopeful that the concept of purchase and lease-back will be acceptable since
it will accomplish what is needed for the City and the Welsh project.
I MOTION: Hicks moved and Malone seconded a motion to adopt Resolution #97-50,
Authorizing Condemnation of Property in Connection with Fourteenth Street NE
I Road and Utility Project. The motion passed unanimously (5-0).
6. 1997 General Obligation (G.O.) Bond - Update
I Mr. Fritsinger reported there still is room for refinement to the numbers, conditions, and comfort
level on the project prior to proceeding to issuance of the bonds. He stated this is why he
I requested this item be withdrawn. from the agenda.
Mr. Post noted the change in the numbers from the original to present is due to the deletion of the
I Round Lake Boulevard reconstruction project. He also noted the impact of adding the grubbing
and grading will serve to leave the bond issue at approximately $3.1 million.
I Mark Ruff, Ehlers and Associates, Inc., stated there is no urgency to issue the bonds and it
could wait until Spring. But, they are pushing for an earlier issuance because of the current good
.. interest rates. He stated they will proceed with documents and present options at the October 27,
1997 Council meeting.
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Mr. Fritsinger asked if a simple majority vote is needed to authorize the.sale of bonds. Mr, Filla e,
stated this is correct.
B. Northwest Youth & Family Services, Joint Powers Agreement
Mr. Fritsinger explained that the Council was presented with the Northwest Youth and Family I
Services (NYFS) 10int Powers Agreement (JP A) at the September 29, 1997, meeting. Attorney
Filla has reviewed the 1P A and made several revisions to the draft agreement. He explained that I
the Council is asked to consider approval ofthe 1P A with the Northwest Youth & Family
Services. Mr. Fritsinger noted the City has not historically acted as executor of the 1P A but
abided by its tern1S by seeking contributions from the charitable gambling organizations on I
behalf of the City. He asked the Council ifthey want to proceed with that approach or execute
the 1P A.
Councilmember Hicks asked if the City will be more legally responsible to pay if they sign the I
1P A. Mr. Fritsinger stated that this is correct and, if the 1P A is executed, it should be included as I
a budget item for funding.
Mayor Probst stated he supports executing the lP A and believes it is silly to contribute but not I
execute the agreement. He noted the ability to terminate the agreement within 60 days, if
desired.
Councilmember Malone stated he disagrees with this point of view. He explained that he served el
on the Council when this issue was raised previously and the opinion was not to contract for an
expenditure like this where there is no long-term control. He noted the City needs to set its .
budget every year and this is not, in his opinion, one of the expenses that local government is
responsible for. Councilmember Malone agreed it is difficult to say no but he believes it would
be even more politically unpopular to opt out of the agreement in 60 days. Also, the City could I
only cancel at the end of the calendar year with notification to all parties.
Councilmember Malone expressed concern about the presentation made with regard to services I
they provide and noted the majority of service to Arden Hills' residents is through the Senior
Chore Program. Councilmember Malone restated he does to believe this is the type of service I
that should be funded by the City.
Councilmember Aplikowski stated she has served on the Board and it is diffi.cult to do so and not I
have the same vote. She stated she knows Arden Hills' residents are served by this organization
but she wonders if it is not a County function to provide these services.
Councilmember Malone noted that these services are not needed for the health and well-being of I
Arden Hills' residents. He stated he does not believe the 1PA is appropriate.
Councilmember Aplikowski commented on the benefit received from the diversion services. I
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~e Councilmember Malone asked why those numbers have changed and whether the NYFS has
really been the cause for the change.
.
Mr. Filla stated there have been changes to the draft, including a correction of section lettering,
. to include a specific index referred to as metering the changes from year to year, and adding the
NYFS Bureau as a signatory to the agreement. However, he advised that the substance of the
agreement has not changed.
I Counci Imember Hicks stated he believes this group does a lot of good work and he would like
. the City to continue to participate in their funding via the mechanism used in the past. Since
entering a lPA would bind the City into a budgeted item, he supports indicating the City's
intention to continue its support through charitable gambling.
. No action taken.
I ADMINISTRATOR COMMENTS
Mr. Fritsinger reported on recent activities related to the Midwest Asphalt litigation and
. requested the Council schedule a closed executive meeting next Monday, October 20, 1997,5:30
p.m. as part of the Worksession.
.e MOTION: Malone moved and Hicks seconded a motion to direct staff to schedule a closed
executive session on Monday, October 20, 1997, at 5:30 p.m., to discuss the
Midwest Asphalt litigation. The motion carried unanimously (5-0).
. COUNCIL COMMENTS
I Councilmember Malone commented on the impact of the FCC's ruling to reduce the City's
ability to regulate cellular towers and now broadcast towers as well. He reported on a group that
. can be used to formulate a reply. Mr. Fritsinger stated he will research that option.
Councilmember Aplikowski noted the request of Senator Runbeck to oppose public funding for
I the stadium. She stated she will provide this information to staff.
Mayor Probst welcomed Mr. Post back to the meeting following his recovery from an accident.
. ADJOURN
I MOTION: Keim moved and Hicks seconded a motion to adjourn the meeting at 10:27 p.m.
The motion carried unanimously (5-0).
.
.. Delmis Probst Brian Fritsinger
Mayor City Administrator
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NOTICE OF MEETINGS -
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The next rcgu1ar City Council meeting will bc held October 27,1997, at 7:30 p.m. at the New
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Brighton Council Chambers.
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. MINUTES
.e CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
MONDAY, OCTOBER 20, 1997
4:45 P.M. - ARMY RESERVE CENTER, 4655 LEXINGTON A VENUE NORTH
I CALL TO ORDER
I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order. the City Council
Worksession at 4:45 p.m. Present were Councilmembers Dale Hicks, Susan Keim and Paul
. Malone; City Administrator, Brian fritsinger; Community Development Director, Kevin
Ringwald; City Accountant, Terrance Post; Public Works Superintendent, Dwayne Stafford;
Parks and Recreation Director, Cindy Walsh; and Administrative Secretary, Sheila Stowell.
I Councilmember Aplikowski arrived at 4:55 p.m.
. APPROVAL OF MEETING AGENDA
MOTION: Malone moved and Keim seconded a motion to approve the meeting agenda for
I the October 20, 1997 Worksession. The motion carried unanimously (4-0).
CITY ISSUES - SHORT TERM
Ie a. 1998 Budget. Economic Development Authorily (EDAl Budget Funding Discussion
Mr. Post summarized the draft 1998 EDA budget with balance sheet and income
I statement schedules as prepared by staff. Mr. Post reviewed the five related funds created
within the City's accounting system to accommodate various financial transactions of the
EDA. Those funds included a General Activities Fund (No. 701); Revolving Business
I Loan Fund (No. 702); Tax Increment Financing (TIF) District No.1 Fund No. 703
(Round Lake Housing); TIF District No.2 Fund No. 704 (Round Lake Office); and TIF
. District NO.3 Fund No. 705 (Cottage Villas Apartments).
The 1998 EDA Budget is anticipated to come before the City Council for formal adoption
. before the December 29, 1997 regular meeting.
b. Northwest Youth and Familv Services (NYFS). Joint Powers Agreement
I Mr. Fritsinger requested clarification from the City Council regarding the City's
participation in the proposed Northwest Youth and Family Services (NYFS) Joint Powers
Agreement. The Council, at its October 14, 1997 meeting, did not take action on a
I request for participation in the NYFS Joint Powers Agreement.
The Council directed staff to advise the NYFS that City funding would continue as
. provided through contributions received from charitable gambling organizations on
behalf of the City as in the past, with no formal City participation in the proposed Joint
.. Powers Agreement.
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CITY ISSUES - LONG TERM e.
a. I-35W Corridor Coalition Update. Mavor Probst I
Mayor Probst provided an update on the various activities of the I-35W Corridor
Coalition. Mayor Probst stated that the Coalition project had been a fairly significant I
success story to-date, with an estimated $425,000 in grant funds committed to various
Coalition projects, with the GIS, involvement in the Minnesota Real Estate Journal for
commercial property listings, and transportation study activities the most significant and .
far-reaching ventures thus far.
Mayor Probst commended City staff, specifically Mr. Ringwald, for the significant role I
he has played in this group, and for his initiative in developing specific goals and projects
for the Coalition.
Mr. Fritsinger stated that the Coalition had been in existence for approximately one year, I
and the Community Development Directors had put together unique and progressive I
plans. Mr. Fritsinger stated that it would be interesting to see how effective the Coalition
remained in the future, considering how it had developed from the initial concept he and
area City Administrators and Managers had envisioned. el
Mr. Ringwald stated the existence of the Coalition had provided some spin-off benefits
by providing access to other agencies and their staff expertise. Mr. Ringwald gave an I
example of his recent mcetings with the Minnesota Department of Transportation and
their design people regarding the long-term implications and ramifications of their
transportation plans to the corridor communities, and broader issues in the area. I
Councilmember Malone commended Mayor Probst, Mr. Fritsinger and Mr. Ringwald for
their vision and leadership to this group. I
CLOSED EXECUTIVE SESSION I
Mayor Probst recessed the Council Worksession at 5:35 p.m. for a closed Executive Session to I
discuss pending litigation.
RECONVENED WORKSESSION I
Mayor Probst reconvened the regular Council Worksession at 6:00 p.m. and continued with the I
business at hand.
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11 ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 20. 1997 3
,e MISCELLANEOUS ITEMS
I Proclamation Request
Mayor Probst advised Councilmembers of a request for a proclamation declaring
- November 1, 1997 as "Celebration of Literacy Day" in Arden Hills. It was thc consensus
of the Council to include this proclamation as part of the October 27,1997 City Council
agenda.
I Consultin~ Engineers
Mayor Probst made reference to a thank you letter received from one of those firms
I interviewed recently by the Council when reviewing consulting engineering firms.
Mayor Probst cxprcssed his apprcciatioll upon receipt of this letter, and the
professionalism displayed by the firm.
I City Logo
- Mayor Probst advised Councilmembers that he and Councilmember Malone had met to
discuss the City's current logo and reviewed its history. Mayor Probst stated that, with
the Highway 96 construction, pending TCAAP redevelopment, a new City Hall within
-e six to eight months of construction, and other events, it seemed like an opportune time to
revisit the existing logo, discuss the issues involved, and consider identifying a new
image for the City.
- Staff was directed to provide an opportunity at the November 17, 1997 Council
Worksession for Councilmember Malone to review the history and open further
I discussion.
Committee A\l90intments
- Councilmember Aplikowski asked the Mayor's intent rcgarding 1998 committee
appointments, and whether it was necessary for the Council to hear from each committee
as done in the past since the Council had been regularly receiving copies of each
- committees' minutes.
- It was the consensus of the Council to direct staff to prepare a letter acknowledging the
committees, and their work over the past year.
. RAMSEY COUNTY COMMISSIONER. TONY BENNETT
At 6: 10 p.m., Mayor Probst welcomed Ramsey County, District 1 Commissioner Tony Bennett
I and Ramsey County staff including, Joe Murphy (Aide to Commissioner Bennett); Jim Tolaas
(Public Works Department), Greg Mack and Larry Holmberg (Parks & Recreation Department).
~ Highway 96/Lexington Avcnuc Intersection
Commissioner Bennett opened the discussion by advising the Council that, in an effort to
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ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 20. 1997 4 -
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clear somc ofthe trattic congestion along Highway 96 at Lexington A venue N, the e.
County had placed "No Left Turn" arrow signs at the intersections and that it appeared to I
be helping the traffic flow considerably.
Highwav 9Ii Trail Relocation I
Mayor Probst advised Commissioner Bennett that they had requested his attendance at
the meeting to specifically address the City's concerns on the proposed trail alignment
along Highway 96, and to revicw the proposed revised timetable for reconstruction of I
Highway 96.
Mayor Probst opened the discussion on the trail relocation, expressing his frustrations I
with the apparent unwillingness of Ramsey County staff to discuss and consider alternate
proposals. Mayor Probst stated that, considering safety issues alone, the current Ramsey
County trail proposal was not acceptable to the City, Mayor Probst expressed his hopes I
that both parties could explore options, find a logical and safe trail location that would
service Arden Hills, Ramsey County, and surrounding communities, and allow all parties
to move forward on a more amicable footing. I
Extensive discussion took place regarding ISTEA funding availability; curb and grade el
separations and related safety issues; interchanges and a possible flyover bridge at the
Highway IO/Highway 96 intersection; future TCAAP redevelopment; park and trail
access with Mounds View, New Brighton and Shoreview; location of proposed frontage I
roads; Gateway Business District development and increased traffic volume; buffer strip
properties to be purchased by Ramsey County at Arden Manor Mobile Home Park; trail
location on the north or south side of Highway 96; proximity of trial for east/west access I
along Old Highway 8; and existing trail system stubs.
Mayor Probst reminded Commissioner Bennett and County staff ofthe long-term benefits I
to Ramsey County with connection of trails at Tony Schmidt Park to Long Lake Park.
Mr. Ringwald advised that a recent Highway 8 Corridor study independently completed I
by the City of New Brighton had proposed a connection at Long Lake Park, in a location
similar to that proposed by the City of Arden Hills.
Mayor Probst also reminded those present of the TCAAP Reutilization Committee's I
recommendations that a trail would be incorporated along the west side of the TCAAP .
property.
As discussion continued, Mr. Fritsinger reminded Commissioner Bennett and County I
representatives that the City was not looking for Ramsey County to incur additional costs,
but to consider incorporating the location of the trail into long-range planning for the ..
area. Mr. Pritsinger and Mr. Ringwald concurred that long-range planning using an
alternate route, as suggested by the City's alternate trail location, would provide
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- ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 20. 1997
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.e additional access to a significant employment base while addressing safety issue as well.
I Mayor Probst reiterated that the City was seeking participation from Ramsey County staff
to consider the more inclusive regional picture, and cooperatively exploring the options
I available to find the best possible alternatives.
With a continuing lack of consensus between City and County representatives, Mayor
I Probst terminated the discussion on the trail relocation.
Hil!hwav 96 Reconstruction Timetable
I Mayor Probst requested an update on the timing of the Arden Hills' portion of the
Highway 96 Reconstruction project
I Mr. Tolaas responded that the Highway 10 to Highway 8 portion of the project was still
"optimistically" slated for 1999 work, with design work scheduled for completion late in
I 1998. Mr. Tolaas anticipated that the Highway 10 to Lexington Avenue portion would
take place two years after the first portion, in 2001. Mr. Tolaas stated that funding was
the biggest issue, but was confident the state would continue to work cooperatively with
Ie Ramsey County and the City in completion of the project.
Conclusion
I Mayor Probst thanked Commissioner Bennett and County staff representatives for their
attendance, and suggested that a future meeting be held with additional information
available from the City and County. Commissioner Bennett stated that the Cities of
I Mounds View and New Brighton should be included in a future meeting, or that their
input should be sought prior to such meeting.
. MISCELLANEOUS ITEMS
Army Reserve Center
I Councilmember Keirn expressed her concerns regarding the lack of communication with
the Reserve Center's Facilities Coordinator, and the limitations this placed on some
I activities at the Center. Mr. Fritsinger responded that this was an ongoing problem.
Proposed FCC Le~islation
I Staff was directed by Council to proceed with the City's commitment to and $250 fee for
participating in opposition to proposed FCC Legislation, as reviewed and recommended
by Councilmember Malone.
I Local Jurisdiction over Planning & Zoning Issues
fI Staff was directed to draft a letter to Congressman Vento, and our senators regarding the
City's opposition to planning and zoning cases being determined in District Court.
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ARDEN HILLS CITY COUNCIL WORKSESSION - OCTOBER 20. 1997 6 -
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Meeting Attendance e.
Councilmember Hicks advised Mayor Probst that he would be unable to attend the I
October 27. 1997 City Council Meeting.
"Lindey's Corn!lr" Park and Park Dedication Area I
Councilmember Hicks suggested the Parks & Recreation Department consider renaming
of the "Lindey's Corner" park at the intersection of Old Snelling Avenue and County
Road E. I
COlillcilmember Hicks also suggested the City bring closure to the purchase of the
property located diagonally across from the park, and suggested that Tom Mulcahy be I
approAchcd to volunteer his expertise in finalizing the matter. Councilmember Hicks will
contact Mr. Mulcahy to discuss this issue with Ms. Walsh. It was the consensus of the
Council that, if and when closure is possible, the City consider selling this piece of I
property.
ADJOURN I
MOTION: Malone moved and Keim seconded a motion to adjourn the meeting at
7:41 p.m. The motion carried unanimously (5-0). el
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- CITY OF ARDEN HILLS
PAGE 1 OF3
- ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT THE 10/27/97 COUNCIL MEETING
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I CLAIMS PAID SINCE LAST COUNCIL MEETING (10/14/97)
I 1..dl;."lq.l'!A'ltfl VENDOR' ... .. i.fAMQU!\IT1 coMMIlNlS 1
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12822 I 10/10/97 I Diamond- T Ranch I 93.00 Family Halloween Hayride 10110
I
I 12891 10113/97 : The Lake Johanna Improvement Society 500.00 1997 Goose Removal - Lake Johanna
12892 : 10/15/97 No!"_thern States Power Company 280.73 Lift #5 - 3495 Lake Johanna Blvd.
u__ (Reolacement for Lost Check #12724\
12893 10/15/97 Daniel McCallum -
12894 ~}J:J!17/97 Public Emplovees Retirement Association 2,605}2 Second October PaYroll
.
I 12895 10/17/97 ICMA Retirement Trust - 457 1,401.92 Second October PaYToll
.
12896 10/17/97 State Capitol Credit Union 3.106.69 Second October Payroll
12897 10/17197 Int'l Union of Onerating Engineers 175.00 .October Payrolls ..
12898 10117/97 Public Emplovees Retirement Assn. (Ins.) 57.00 October Payrolls - November Insurance
I 12899 10116197 CityofMaolcwood 28.40 Vacation DavEvent -:- 10/16
12900 10116/97 Grand Slam Soorts 142.50 Vacatioo Day Event - 10116
12901 10/16/97 Burger King 47.50 V~~ation Dav Event - 10116 ----1
12902 10/17/97 Circus Pizza 161.92 Vacation Dav Event - 10117 'I
I 12903 10117/97 Diamond T Ranch 429.00 Vacation DavEvent - 10117 II
12904 10117/97 Pine Tree Apple Orchard 128.00 Vacation DavEvent - 10117 I
12905 10117/97 O'Meara Proncrties 72.40 Refund - UtilitvOveroavrncnts. #17?>l & #1739
I 12906 10120/97 MN Department of Revenue 3,072.00 Sales Tax Remittance - 3Q97
12907 10122/97 Hannv Faces Entertainment 36.75 Balance Due Halloween Pumpkin Hunt, 10124 .
II . .- . -_..-._-, I
II Subtotal :: Paid Claims 12.338.1311
I
I Paid Claims From Above - 12,338.13
Add Unpaid Claims. Page 3 of 3 - ...l72,365.92
. Total Accounts Payable Claims
for Council Approval, 10/27/97- 184,704.05
II
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I Note: Checks for unpaid claims totaling $252,996.39, were mailed
on October 15th, 1997 after approval at the October 14th
Council Meeting. They were check numbers 12826-12890.
This sequence corresponds to unpaid temporary numbers
I Tl - T65. Check numbers 12823-12825 were used for
alignment.
ClAIMS!
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CITY OF ARDEN HILLS PAGE20F3
, ACCOUNTS PAYABLE CLAIMS REPORT
J TO BE APPROVED AT 10/27/97 COUNCIL MEETING
.
I
UNPAID CLAIMS REGISTER:
I I5EMPII#I.ICK.:IDAlE..IIWNl)Ol(I. .AMOUIrt..I.....COMMEN'ts I
L I
TOOl 10/28/97 Accurate Press, Inc. 208.74 Public Safety Letters
I T002 10/28/97 Aid Electric Service, Inc. 164.10 lift #8 Repairs
T003 10/28/97 Albers Sheet Metal & Ventilatino, Inc. 10.05 Refund S.C. Overpayment, Htg. Per. 97 156
T004 10/28/97 American Medical Security 405.481 November Insurance Dental
T005 10128197 Animal Control Services, Inc. 67.30 00.1 Cat Enforcement, 09130 10m :\
I T006 10/28/97 AT&T Wireless Services (Phoenix) 76.00 Current Invoices I
T008 10/28/97 Beisswenger's How-To Store 511.29 Aurust I Seotember Purchases P.W. & Parks
T009 10/28/97 Bradlev & Deike. P.A. 1.987.50 Legal Services September, TIF District #2
TOlO 10/28/97 BroadwaY1\Vvards .. 104 Desk Folders
371.39
I TOll 10128197 Circle Pines Ceramics 10224 Mini Pumokins for Class
T012 i 10/28/97 Corporate Express 47.33 Various Office Supplies
T013 I 10/28/97 Davanni's 82.74 Office "Clean - Uo" Day - 10/13
T014 .T 10/28/97 Davies Water Equipment Company 229.68 Repair Cl amps
I T015 10128/97 Earl F. Andersen, Inc. 156.76 Park Sims - Cumminos
T016 10128/97 Economv Handicrafts 43.80 Recreation Supplies
TOl? 10/28/97 Feed Rite Controls, Inc. 437.36 Chlorinator at Bethel Odor Problems
I T018 10128/97 Gopher State One-Call. Inc. 50.75 September Service
__.M._
T019 10/28/97 W. W. Grai~gcr. Inc. r-- 17.33 ReDair Parts
.----
T020 10/28/97 Har Mar Lock & Service Center 12.00 Name Plate - BRW
T021 10128197 Hydro Supply Company i 5,187.79 Water Meters Commercial Retrofit Project
I 437.52 Meters - Residential
T022 10128/97 Larkin, Hoffman, Daly & Lindgren 569.00 Lee:al Services Seotember. TIF District #2
T023 10128/97 League of Minnesota Cities , 5,411.00 Membership Dues
T024 10/28197 LTG Power Equipment i", 25.00 Sharpen Chain Saw Blades
,
I T025 10/28/97 Managed Services, Inc. , 2.75 Refund S.C. Overpayment, Ht.. Per. 97 151
T026 10/28/97 McCallum Transfer, Inc. 13.00 Courier Service - Gateway
T027 10/28/97 Midwest Asohalt Corn oration 445.02 Road Materials WjDiscount
T028 10/28/97 Mike's Pro Shop 64.20 Three Trophies
I T029 10128197 Minnesota Dep.artment of Health 3.188..00 Water Connection Fee - 3Q97
T030 10/28/97 Minnesota Mutual 518.50 ~ovemberlnsurance
T031 10/28/97 Minnesota UC Fund 1.56 Curtis Knutson Recreat~on Department
. T032 10/28/97 Morton International/Morton ~.~~____ 1,651.64 Road Materials
T033 10/28/97 Northern States Power ... 254.47 Current Invoices
T034 10/28/97 Orkin Pest Control ---"---"-- City Hall Pest Control Services
100.00
T035 10/28/97 Peterson, Fram & Bergman, P .A. 2,949.30 Legal Services September
I 4,542.00 Prosecution Fees
T036 10/28/97 Ramsev Countv 3.14 Data Processi~g 1997 Street Improvements
T037 10/28/97 City of Rosevill e 137,984.78 Water Purchased 3Q97 - 106 Million Gallons
T038 10128/97 Rvder Student Transportation 80.00 Vacation Dav Event, Diamond-T Ranch
I T039 10/28/97 S&S Worldwide 120.37 Recreation Supplies
T040 10/28/97 Safety. Kleen Corporation 104.90 Disposal of Hazardous Materials
T041 10/28/97 Sally's Catering 60.00 Worksession - 10/20
. T042 10/28/97 i David Scherb"l 65.42 Reimburse Mileaoe, Meetinj!S & Film- _H___'_
T043 10/28/97 Scherer Bros. Lumber Company 13.29 Lumber for Rejlairs - Parks
T044 10/28/97 Serco Laboratories 319.00 Water Tests - October
T045 10/28/97 Showcase Landscaoe, Inc. 2.000.00 I Irrigation Line Repair A.V. Drive (Trail) I
I I ,
1 Total , Page 2 of 3 Carried Forward - -- 171,093.491
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CITY OF ARDEN HILLS PAGE30F3
. ACCOUNTS PAYABLE CLAIMS REPORT
-
TO BE APPROVED AT 10/27/97 COUNCIL MEETING
. .
I
I UNPAID CLAIMS REGISTER (CONT_):
ImMl\#JCltt>'AmVENDoll.. IAMotllrtlcoMMEl'l'l:'S iI
I I - I
T046 10/28/97 Sheila Stowell 24.51 Reimbursement - MileaQ"e II
T047 10/28/97 Tirnesaver -Off Site Secretarial 241.25 Planning Commission 10/01
240.00 Council Meeting - 10/14 ,
I T048 10/28/97 Trans Alarm, Inc. 40.50 . Refund - Overoavment, Elec. Permits 294 299 i
T049 10/28/97 Triarco Arts & Crafts, Inc. 68.61 Recreation Supplies
T050 10/28/97 U.S. Tov Co. / Constructive Plavt"in~s 230.00 --Recreation Sunnlies
T051 10/28/97 Universi~of Minnesota 70.00 Pesticide Workshop - Winkel
I T052 10/28/97 Varnum, Ridderin". Schmidt & Howlett 250.00 FCC Tower Preemntion Case Particination
T053 10/28/97 Weber EI eetric 78.56 Renlace Breaker - LilIhts, Freewav Rink
T054 10/28/97 Linda Widstrand 29.00 Refund Vacation Event
- -
I Subtotal, Pa e 3 of3 - -- -----1,272~-
Pa e 2 of 3 Brought Forward 171,093.49
I Total Unpaid Claims --- 172,~65.921
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I
I CITY OF ARDEN HILLS
~ MEMORANDUM
DATE: October 17, 1997
I TO: Brian Fritsingcr, City Administrator
~
I FROM: Dwayne Stafford, Public Works Superintendent
I SUBJECT: Stop Sign Recommendation
Backe-round
I A request was made by Public Works Employees to install a stop sign on Northwoods Drive at
Red Fox Road in Arden Hills. Attached is a map of the area. Red Fox Road is a connection
between Lexington Avenue and Highway 51 serving a commercial/industrial area with fairly
I heavy traffic during rush hours. Northwoods Drive is a dead end street serving three (3) or four
(4) businesses.
I There has never been a stop sign at this location and Public Works Employees have witnessed
several near collisions at this location.
Ie Recommendation
The Public Safety Commission reviewed the request at their October 16, meeting and
I recommends Council consider and approve the installation of a stop sign on Northwoods Drive
at Red Fox Road.
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CITY OF U J Q..t 9 ~ ,>It i U~ -
- ARDEN HILLS .
~f;P"1 2 -
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I CITY OF ARDEN HILLS
~ MEMORANDUM
I DATE: October 22, 1997
TO:
Brian Fritsinger, City Administrator
I FROM: Terrance Post, Cily Accountant ~
SUBJECT:
I Certification of Delinquent Utilities
Background
I The City,of Arden Hills has historically followed a policy of annually certifying delinquent
utility bills to following year property taxes as a means of collecting delinquent utility accounts
I instead of a water shutoff policy. Procedures for collections of delinquent accounts are
prescribed in Code of Ordinances, Sections 28 - 58 (water), 28 - 129 (sanitary sewer), and 28-
172 (surface water management).
I Delinquency Status
Staff has attempted to more actively manage delinquent accounts with only modest success.
Ie There appears to be a base of repeat customers who are certified year after year. Perhaps they
consider this annual delinquent special assessment to be additional property taxes, and
incorrectly take the corresponding tax deduction on their personal tax returns.
I Historical Certification Trend Data
1992 Payable in 1993 51 Accounts $18,795.97
I 1993 Payable in 1994 58 Accounts 19,366.00
1994 Payable in 1995 45 Accounts 18,919.00
1995 Payable in 1996 44 Accounts 19,977.74
I 1996 Payable in 1997 37 Accounts 16,862.32
Proposed 1997 Payable in 1998 59 Accounts 25,138.66
I With the 1997 budgeted utility billed revenues of $2,056,000, the certification accounts represent
approximately 1.2% of revenue, and approximately 2.3% of the 2,533 total utility customer base.
I Recommendation
Council should consider adopting Resolution #97-51 under the Consent Calendar at the October
I 27, 1997 Regular Council meeting which "Adopts and Confirms Special Assessments for
Delinquent Utilities."
. BF Isis
it Enclosure
I
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CITY OF ARDEN HILLS .
RAMSEY COUNTY
STATE OF MINNESOTA ..
RESOLUTION NO. 97-51
RESOLUTION ADOPTING AND CONFIRMING SPECIAL I
ASSESSMENTS FOR DELINQUENT UTILITIES
WHEREAS, The amOlmt to be specially assessed for DELINOUENT UTILITIES has been I
duly calculated in accordance with the provisions of the City Code and Minnesota
Statutes; and I
WHEREAS, Notices have been duly mailed as required by law; and
WHEREAS, Said proposed assessments have at all times since their filing been open for public I
inspections, and an opportunity has been given to all interested persons to present
objections, if any, to the proposed assessments; and .
WHEREAS, There were no oral or written objections received.
1. The amounts so calculated and set forth in said notices are hereby levied against the I
respective parcels ofland described therein, and
2. The proposed assessments are hereby adopted and confirmed as special assessments for tJ
each of said parcels of land and the assessments together with an additional penalty of
eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency I
penalty, shall be a lien concurrent with general taxes upon such parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, I
Minnesota, that the City Administrator be authorized and directed to transmit to the County
Auditor a certified duplicate of the assessment roll to be extended upon the proper tax lists of the I
County, and the COlmty Auditor shall collect said special assessments with taxes levied in 1997,
payable in 1998.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I
THIS 27TH DAY OF OCTOBER, 1997.
I
DENNIS PROBST, MAYOR I
ATTEST:
I
BRIAN FRlTSINGER, CITY ADMINISTRATOR --
M:\USERS\SHEILA \COUNCIL\RESOLUlW7 -51 ,RES
I
I' -
CrIY OF ARDEN HILLS
I UTILITY ACCOUNTS ANNUAL DELINQUENT SPECIAL ASSESSMENTS
CERTIf'IED IN 1997 FOR TAXES PAYABLE IN 1998
~ AS OF OCTOBER 23, 1997
I Page 10f2
I b:J - . .-- "Acct'l I 8% Cert.
Utility Total
Pin Number Name i Service Address Arrears Penaltv Certified'
, No. ,
I - J
I t. 33-30-23-34 -0050-0 38 Kathv Skweres I Verdorn 1900 Edgewater Avenue I 279.48 ! 22-36 30t.84
2, 33-30-23-31-0004-6 114 Richard Callinan 1860 Stowe Avenue I 236,34 18,92 ' 255.26
25,05 ' c~
3, 28-30-23-14 -0006-1 174 Ronald Kirchner 1669 Glenview Court 313.09 338.141
4, , 33-30-23-42 -0017-8 271 i Herbert Tousley 3248 Sandeen Road 59S.88 47.92 646.80 ;1
. I 5. 27 -30-23-34-0041-5 275 Kevin Hass I M.Pelerson 1423 W. County Road E 406.26 32.50 438.76 II
I 6. 28-30-23-13-0061-1 278 John Hollar 1722 Venus Avenue 214.65 17.17 231.82
7. 33- 30-23- 34 -0020- 9 320 Michael Johnson 3223 Lake Johanna Blvd. 425.84 34.08 459.92
I 8. 34- 30-23- 34 -0009- 9 368 Frank Rekuski 3170 Hamline Ave. N 100.80 8.06 108.86
~:- 34-30-23~21:::(){)16-2_. ,_]7.3 Sharon Davies 1437 Arden Place 350.82 28-08 ___~78:2ll
._- Lori Ma~-i<aufmann BOS i 1392 ArdenPi~ce
10. 34-30-23-21-0031-6 390 223.77 17.91 241.68
It. 27 - 30-23- 33 -0029-8 437 Bill Brackeen I H. Loos 3628 Snellinl!: Ave. N 452.07 36.17 488.24
I 12, 33-30-23-33 -0052-9 470 Leonard Theisen 1979 Gtenpaul ~venue 45t.72 36,14 487,86
-. --.-.-"------.--- --- --
13. 33- 30-23- 33 -0083- 3 497 Catherine Callahan 2009 W. County Road D 465,80 37,26 503,06
14, , 34-30-23-21-0046-8 515 Fred Nixon 1369 Forest Lane 372.64 ! 29,82 402.46
Ie 15, i 34-30-23-42 -0053-1 609 David J. Neuberger 3330 Dunlan Street N , 391.33 31.311 422.64
16, 33-30-23-24 -0094-1 617 I Grel.!orv Weeks 1873 Stowe Avenue 402.29 32.19 434.48
17- 34-3O-23-41-()()()9-7 685 Jerome K.Waslev 1171 Inllcrson Road 408.31 32.67 440.98
'I 18. 34- 30-23-44 -0054-8 721 Robert Biermeier 3205 Lexington Ave. N 193.30 15.46 208.76
I 19. 28-30-23-11-0019-6 730 Larrv Gill 1671 W. County Road F 196.02 15.68 211.70
20. 28- 30-23-24-0018- 3 ! 742 Derek Hames 1839 Venus Avenue 492.08 3938 531.46
21. 33-30-23-11-0016-1 759 Steven Kaufman I FNMA 1622 Lake Johanna Blvd. 147.30 11.78 159.08
I 22. 27 -30-23- 33 -0025-6 807 Kenneth Nickel ! 1556 Oak Avenue 145.51 11.65 157.16
23. 21-30-23-44-0011-1 835 Betty Samuel 4086 Valentine Crest Rd. 497.17 39.77 536.94
24. 28-30-23-13 -0010-3 847 Charles Michaelson 1813 Gramsie Road 445.29 35.63 480,92
25. 34-30-23-41-0068-6 971 Thomas Brennan 1166 Carlton Drive 279.48 22.36 301.84
I 26. 22-30-23-34 -0051-7 1053 William & Pam Ross 4123 Norma Circle 537,18 42,98 580.16
27, 28-30-23-33 -0013-0 1064 Joseoh Mauricio 2fY27 Thorn Drive 585.14 46,82 631.96
28. 28-30-23-32 -0013-3 1084 Jeffrey Thompson 3747 N ew Bri~hton Road 51.\.22 41.22 556.44
I 29. 28-30-23-32 -0004-9 1089 Edward Lant:!ner 3809 New BriRhton Road 376,66 30.14 406.80
II 30. , 21-30-23-14-0007-5 1112 Thomas Runnel 4375 Old Hi.hwav 10 250.60 20.06 270.66
I
- . II Total - Pa~e 1. 10,755.041 860.541 11.6 i.5.5sl1
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A-L,l-60 CERTIFY ~
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OTI OF ARDEN HILLS
UTILlTI ACCOUNTS ANNUAL DELINQUENT SPECIAL ASSESSMENTS .
CERllFIED IN 1997 FOR TAXES PAYABLE IN 1998
AS OF OCTOBER 23, 1997
..
Page 20f2 I
, Acct. Utility 18% Cert. Total 1 I
Coun Pin Number No. Name Service Address Arrears Penaltv Certified'
1 ~ - 1
31. 22- 30-23-34 -0018-0 11164 Warren s. Stone 4163 Hamline Avenue N 466.38 37.32 503,70
32. 34 30-23-23-0017-4 I 1167 Geraldine Hagen 1532 Arden Place 206.03 16.49 222,521 .
33. 28- 30-23- 33 -0019- 8 1 1171 Fred Thomas 2047 Thorn Drive 208.34 16.68 225.02
34. 28- 30-23- 32 -0006- 5 11180 Glen L. Johnson 3803 New Brighton Road 403~80 32.30 436.10
35. 22- 30-23-24 -0037 - 2 1 1233 Steven Doole 4356 Arden View Court 439.03 35.13 474,16 I
36~ 22-30-23-24 -0080-6 I 1306 Pamela Olson 4439 Arden View Court 209.33 16.75 226.08 I
37, 22- 30-23-24 -0113-5 ! 1358 Dale I Yvonne Swenson 4474 Arden View Court 244.65 19~57 264~22 '
38, 34-30-23-41-0041-1 : 1448 Robert C. Witt 1194 Carlton Drive 440.77 35.27 =,
476.04 'I
~ 39: 22-30-23-21-0078-2 11574 Peter__~_<lYJ.:':l~? 1418 Arden View Drive 746.85 59.75 806,60 !i I
40. ' 34-30-23-14-0029-5 11618 Gary Alfred 1139 Hunters Court 527.44 42.20 569,6411
41. 34-30-23-44-0047 -0 11666 Gary Meyers 1134 Edj1;cwater Avenue 488.05 39.05 527.10 II
42, I 34-30-23-14-0043-1 11677 1_l\.1atthew Reicher 1176 Benton Way 582.31 46.59 628,90 I I
-~i
43,[ 34-30-23-14-0026-6 I 1721 ~ Racy & Anna Russell 1136 Hunters Court 355.44 28.44 383,88 II
44, . 33- 30- 23- 32 -0003-0 I 1723 Judie Prayfrock 1950 Stowe Avenue 394.78 31.58 426.36
45, I 33-30-23-33-0034-1 1733 Robert Morrissette 2028 Edgewater Avenue 605.28 48.42 653,70 ,
46, i 28-30-23-41-0027-4 ! 1749 Robert Sundquist 1580 Chatham Avenue 540.65 43.25 i ~
583.90
47. 22 30 23-11 0060-2 1787 TiUie Calo 4534 Pleasant Drive 265.30 21.22 286,52
48, 22 30 23 14 0014 0 1824 Stephen W. Schultz 1127 Amble Drive 487.44 39.00 526,44
49, 33-30-23-24-0001-9 1830 Paul N. Trites 1850 Indian Place 521.30 41.70 563.00 I I
50, 22-30-23-11-0009-7 11965 Rodnev Baller 1176 Karth Lake Drive 148.85 11.91 160.76 "
51. 22-30-23-31-0022-8 11999 Mari Kluska 1395 Colleen Avenue 425.20 34.02 459.221
52, 27- 30-23- 34 -0029- 5 ! 2102 Mark Brunner 1387 West County Road 141.50 11.32 152,82
53. 22 30 23 42 0032-1 I 2164 Karl E. Oelker 1286 Wyncrest Lane 886.92 70.96 957.88 .
54, 34-30 23 44-0019-5 I 2267 Anthonv Rice 3155 Lexington Avenue N 437.38 35.00 472.38 i
55. 33 30 23-32-0033-1 12284 John Knutson 3332 Katie Lane 572.70 45~82 618.52,
56. 28 30 23-33-0032-1 1.3332 John W. Swanson 3670 Cleveland Avenue N 283.08 22~66 305.74 j I
57, 22- 30-23- 32 -0032-2 I 2343 Clayton Tanner 1537 Briarknoll Drive 589.43 47.15 636.58
58, 22- 30-23-42 -0024-0 I 2371 Donald Bina 1300 Wynridge Drive 640.19 51.23 691.42,1
59~ 22-30-23-42-0020-8 I 2418 Gre~mrv Groberg 1270 Wvnridll'c Drive 262~8.1 21.03 283.88
1 1 I
lITotal - Pao. 2. ! 12,521.27 1.001.811 13.523.08 i
II Total - Pao. 1. I 1O.755~041 860.541 11.615.58,
I Grand Total 1 23,276.311 1.862.351 25,138.661 I
9 ROUNDED TO NEAREST EVEN CENT
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A-1.,62-122 CERTIFY}
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I CITY OF ARDEN HILLS
~ MEMORANDUM
I DATE: October 22, 1997
TO: M.yn< ,nd City Cnn". @
I FROM: Brian Fritsinger, City Administrato
I SUBJECT: Literacy Day Proclamation
Request
I The Mounds View Community Education Department has requested that the City Council
proclaim Saturday, November I, 1997 as Literacy Day in Arden Hills.
I All communities within the Mounds View School District are being requested to consider similar
proclamations.
I Recommendation
Staff recommends the City Council consider the attached proclamation.
Ie BF/sls
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CITY OF ARDEN HILLS I
RAMSEY COUNTY ..
STATE OF MINNESOTA
PROCLAMATION I
WHEREAS, a recent United States Census found that approximately 6,000 persons over the age .
of 18 in the communities of the Mounds View School District do not have a high school
diploma; and
WHEREAS, there is a continuing need for literacy, adult basic education, and English as a I
second language courses; and
WHEREAS, it is important tor the community to know that such programs are available through I
the Adult Basic Education program of the Mounds View School District; and I
WHEREAS, the Literacy Action Council of the District 621 Adult Basic Education program
will host an open house "Celebration of Literacy" for the public on Saturday, November 1, 1997 I
at the Ralph R. Reeder Community Education Center in New Brighton;
NOW THEREFORE, BE IT HEREBY PROCLAIMED THIS 27TH DAY OF OCTOBER, ~
1997 by the City Council of the City of Arden Hills, Minnesota that November I, 1997 is
"Celebration of Literacy Day" in the City of Arden Hills.
.
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DENNIS PROBST, MAYOR BEVERL Y APLIKOWSKI, COUNCILMEMBER
.
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DALE HICKS, COUNCILMEMBER PAUL L. MALONE, COUNCILMEMBER .
I
SUSAN KEIM, COUNCILMEMBER I
M,IUSERSISHEILA ICOUNCILIRESOL UTlLlTPROC. RES ..
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I CITY OF ARDEN HILLS
" MEMORANDUM
DATE: October 24, 1997
I TO: Brian Fritsinger, Cily Administrator
I FROM: Terrance Post, City Accountant @
SUBJECT: 1997 General Obligation (G.O.) Bond Issuance
. Background
I With proposed development activities in the Gateway Business District (GBD), the need for
related public improvements to support such activities exists. Specifically, the public
improvements can be summarized as being required in two areas:
I I. The relocation of Fourteenth Street and related utilities (water, sanitary sewer,
storm sewer) in order to support parcel assembly and improve site plan layout
I with respect to the minimum ten (10) acre buildable site ordinance requirement.
2. The reconfiguration and signalization of the Highway 96/West Round Lake Road
Ie intersection. While this intersection currently operates in a marginal capacity, it is
estimated that additional traffic loads from GBD development activities will
. require the intersection to be upgraded for safety reasons.
Internally or Externally Finance
. While described more fully below, the proposed cost of public improvements to support
development activity in Tax Increment District (TrF) #2 (Round Lake Office park) are estimated
at approximately $2.7 million. Although the City currently has a Permanent Improvement
I Revolving (PIR) Fund cash balance of approximately $4.0 million, the use of the PIR Fund for
these public improvements would substantially limit the future use and flexibility ofthis fund -
particularly with respect to the scope of future Pavement Management Program (PMP) activities,
I maintenance garage repairs/reconstruction needs and unforseen contingencies. As discussed with
Council at an earlier Worksession on this topic, there appeared to be consensus to externally
finance the GBD public improvements rather than internally finance them.
I Use of Funds for Public Improvements
The Fourteenth Street relocation project costs are estimated to be $1,204,450 with contractors bid
I costs ($730,700) and engineering fees ($159,000) being major cost elements of the project. Note
that an estimated $250,000 in soil correction costs are not included in the $1,204,450 project
I total nor are bond proceeds expected to be used for this purpose.
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Memorandum, 1997 G.O. Bond Issuance I
Page Two
October 24, 1997 ..
The reconfiguration and signalization of the Highway 96/West Round Lake Road intersection
project costs are estimated to total $1,486,000. Major cost elements include property I
acquisition/relocation ($836,000) and new road/signalization/bridge lanes (5650,000).
Recapping these anticipated public improvement outlays below, the following reconciliation of I
estimated bond sources and uses is summarized in the table below.
Fourteenth Street Relocation $1,204,450 I
Hw)'. 96/Round Lake Intersection 1.486.000
Subtotal Public Improvements $2,690,450 I
Capitalized Interest 291,425
Bond Issuance Costs 68.125
Bond Issue $3.050.000 I
TIF Revenue Assumptions I
As staff has put together various revenue assumptions in support of the debt service
requirements, the assumptions have been conservative in nature. They include: ..
1. A $30.50 market value per square foot for Phases II - IV
2. A zero percent inflation rate I
3. A tax rate of 3.50% on the commercial property
4. Debt coverage of at least 115%
These conservativc assumptions were utilized not only for debt service coverage, but also in I
recognition of the fact that the completion of the Gateway vision will also include other future
public improvements including significant land acquisition and street/utility improvements. I
Recommendation
Staff recommends that Council approve Resolution #97-48, "Resolution Providing for the Sale of I
$3,050,000 General Obligation Tax Increment Bonds, Series 1997 A," at the October 27, 1997
regular Council meeting, subject to final execution of the Developer's Agreement and Welsh I
Company, LLC obtaining fee title to various properties required for buildings II, III and IV.
The Council had previously received a Bond Sale Report as prepared by the City's financial .
advisor, Ehlers and Associates, Inc. Ehlers will be providing an updated Bond Sale Report as a
bench handout at the meeting. Of note in this updated document the postponement of the Bond
Sale to November 17,1997 from the previous November 10, 1997 date. I
Enclosure -.
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CITY OF ARDEN HILLS I
STATE OF MINNESOTA ..
RAMSEY COUNTY
RESOLUTION NO. 97-48 I
Councilmember introduced the following resolution and moved its adoption: I
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RESOLUTION PROVIDING FOR THE SALE OF I
53,050,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1997A
WHEREAS, thc City Council of the City of Arden Hills, Minnesota, has heretofore determined I
that it is necessary and expedient to issue the City's $3,050,000 General Obligation Tax I
Increment Bonds, Series 1997 A (the "Bonds"), to finance the construction of various
improvements in the City; and
WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis, Minnesota I
("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to
solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9); tJ
NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden Hills,
Minnesota, as follows: I
I. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit
proposals for the sale of the Bonds. I
2. Meeting: Proposal Ooening. The City Council shall meet as specified in the Bond
Sale Report attached hereto for the purpose of considering sealed proposals for, I
and awarding the sale of the Bonds. The City Administrator, or designee, shall
open proposals at the time and place to be specified in the Terms of Proposal. I
3. Terms of Sale. The terms and conditions of the Bonds and the sale thereof are
fully set forth in the Bond Sale Report attached hereto and hereby approved and I
made a part hereof.
4. Official Statement. In connection with said sale, the officers or employees of the I
City are hereby authorized to cooperate with Ehlers and participate in the
preparation of an official statement for the Bonds and to execute and deliver it on
behalf of the City upon its completion. I
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I RESOLUTION NO. 97-48 PAGE TWO OCTOBER 27, 1997
" The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
I and, after full discussion thereof and upon a vote being taken thereon, the
following Councilmembers voted in favor thereof:
I
I and the following voted against the same:
I
I WHEREUPON, SAID RESOLUTION WAS DECLARED PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 27TH DAY OF
I OCTOBER, 1997.
Ie DENNIS PROBST, MAYOR
I ATTEST:
I
BRIAN FRlTSINGER, CITY ADMINISTRATOR
I
(SEAL)
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I CITY OF ARDEN HILLS
.- MEMORANDUM
I DATE: October 27,1997
TO: Mayor and City Council
I FROM: Kevin Ringwald, Community Development Director
I SUBJECT: Planning Cases 97-05, 97-19, 97-20, 97-21, and 97-22
I The following is a briefreview of the requests and the recommendations of the Planning
Commission. The minutes of the October I, 1997 Planning Commission meeting have been
provided\mder separate cover.
I Case #97-05. PUD Amendment - exterior buildin!! materials. North Heights Lutheran Church.
1700 West Hi~hway 96
I A. Request. The North Heights Lutheran Church (NHLC) is requesting approval of a
modification to the materials used on the exterior elevation oftheir building addition (Exhibit
A).
.. B. Background. As part of the approval of the original PUD for the NHLC (Planning Case
84-21) the minutes of the May 13, 1984 Cily Council minutes reflect that Reverend Peterson
I ofNHLC stated: "... North Heights definitely wants the exterior surface of the structure to
be brick in the areas that are not to be removed for expansion purposes; noted that "dry-vit"
panels or wood panels are proposed in warm colors, to harmonize with the earth-tone brick."
I The motion for approval (Planning Case 84-21) states the following: "Hansen moved to
approve the Planned Unit Development, Stage 1, General Plan and issuance of Planned Unit
I Development Permit, contingent upon Planning Commission review of the detailed plans of
the symbol and exterior building surfacing materials and subsequent Council approval.
Hicks seconded the motion and moved to amend the motion to add Council's approval of the
I brick exterior surface of the worship center, excluding the three expansion sides from brick
(approving non-brick on the expansion sides). Amendment was accepted by Hansen." The
motion carried unanimously 5-0.
I The Planning Commission on April 2, 1997 recommended approval of the Planned Unit
Development (PUD) amendment to construct a 93,816 square foot Community Life Center
I to the NHLC, in Planning Case 97-05. In the Staff report, which supported this
recommendation the Staff stated in the Building section that: "The exterior of the proposed
building addition consists of face brick which will match the brick on the existing portion
I of the building. The two cupola's will match the prefinished standing seam metal roof that
was used on the existing roof. The building will be fully sprinkereled." The City Council
on April 28, 1997 approved the PUD amendment to construct a 93,816 square foot
.. Community Life Center to the NHLC, in Planning Case 97-05.
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C. Planning Commission Recommcndation. The Planning Commission on October I, 1997 I
recommended approval of the Planned Unit Development (PUD) to construct a 93,816 -.
square-foot Community Life Center to the North Heights Lutheran Church at 1700 West
Highway 96, in Planning Case 97-05, subject to the following condition:
1. That between the Planning Commission action and consideration by City I
Council, thc applicants either proceed with an all brick surface or with
modification that employs brick with some other building materials. Also,
subject to tip-up panel that is uscd to harmonize with the brick. I
D. Updates. The applicant has provided sevcral updates (Exhibit B). The first update is adding
some brick to the exterior building clcvations in question. The Planning Commission I
direction to thc applicant and Staff was to add brick to these elevations. A continuous low
level layer of bricks would be screened by existing and proposed vegetation and a large I
massing on the corner does not blend in with the rest of the building. Therefore, if the these
elevations are not going to be all brick, then the applicants proposal would appear to conform
to the direction provided by the Planning Commission. The last two updates address the I
future sanctuary expansion, in that it will be brick and metal and not tip-up panel and also
a proposed elevation.
Case #97-19. Variance - side vard setback. Robert Berg-quist. 3973 Dellview Avenue I
The applicant has withdrawn their request (Exhibit C)
Case #97-20. Variance - side vard setback. Katherine & Todd Conley. 3777 New Brighton J
Road
A. Request. The applicant is requesting approval ofa Variance for a side yard setback (5 I
feet proposed, when 10 feet is required) for an detached garage (Exhibit D).
B. Background. The applicant wishes construct an detached two car garage (20 feet in I
width and 36 feet in depth for a total 01'720 square feet). The proposed detached garage
would be replace the existing 20 foot by 20 foot detached garage. The proposed detached I
garages would be located in the same location as the existing detached garage.
The applicants neighbor (Ms. Sturgeon @ 3769 New Brighton Road) received a similar I
variance from the City on November 9, 1963 (Exhibit E).
C. Planning Commission recommendation. The Planning Commission on October 1, I
1997 recommended approval for a five-foot side yard setback variance based on the
topography of the property for a detached garage at 3777 New Brighton Road, in
Planning Case 97-20. I
D. Updates. None required.
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I Case #97-21. Variance. Ben Sharpe. 1124 Benton Way
.. A. Request. The applicant is requesting approval of a Variance for a house addition
(Exhibit F).
I B. Background. The applicant wishes eliminate a 12 foot by 20 foot deck at the rear ofthe
structure (facing Benton Way) and construct a 14 foot by 17 foot to 24 foot enclosed
three season porch. The applicant also wished to a nine (9) foot by 18 foot sun room off
I of the south side of the structure. The sun room and the three season porch would abut
one another at the southwest corner of the home.
I The Staff was able to find one variance request in the Hunters Park PUD with the
assistance of Councilmember Malone (Exhibit G). Planning Case 86-35 was a request for
an 465 square foot addition to the house at 1153 Benton Way (Lot 4, Block 3, Hunters
I Park).
C. Planning Commission recommendation. The Planning Commission on October I,
I 1997 recommended approval ofa variance for a house addition at 1124 Benton Way, in
Planning Case 97-21, subject to the following condition:
I I. Subject to the compliance with plans and specifications shown in Exhibit A of
the Staff memorandum dated October 1, 1997.
.. D. Updates. None required.
Case #97-22. Variances - front and side yard setbacks. Dave Monson and Marv
I Hirschboeck. 1175 Edl!:ewater Avenue
A. Request. The applicant is requesting approval of a side yard Variance for an attached
I garage addition (12.5 feet proposed when 40 feet is required) and house addition (10.1
feet proposed, when 40 feet is required) and a front yard setback Variance for a deck (30
feet proposed, when 40 feet is required) (Exhibit H).
I B. Background. The applicant wishes construct an attached two car garage (20 feet in
width and 20 feet in depth) on the north side of the house to replace an existing one car
I tuck under garage which is located at the southeast corner of the house. The attached two
car garage is proposed to be 12.5 feet from the right-of-way when 40 feet (side yard
I setback - street) is required.
The applicant also wishes to construct a 16 foot wide and 12 foot deep addition to the
I west side of the home. The addition would consist of six foot by six foot vestibule on a
12 foot by 16 foot deck. The deck would be nine (9) feet from the right-of-way when 40
feet (side yard setback - street) is required. The vestibule would be 16 feet from the right-
I of-way when 40 feet (side yard setback - street) is required.
Lastly, the applicant wishes to construct a ten (10) foot by ten (10) foot deck off of the
.. south side of the home. The deck would be 29.5 feet from the right-of-way when 40 feet
(front yard setback) is required.
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C. Planning Commission recommendation. The Planning Commission on October I, I
1997 recommended approval of a variance for the garage and vestibule because of the --
unique configurations and slope associated with the lot and denial for the decks on the
west and south side ofthc housc at 1175 Edgewatcr Avenue, in Planning Case 97-22,
subject to the following conditions:
I. Compliance with that part of Exhibit A of the Staff memorandum dated I
October I, 1997, which relates to the attached garage and the vestibule (side
yard - west). I
2. Elimination of those parts of Exhibit A of the Staff memorandum dated
October I, 1997, which relate to the side yard (street) deck and the front yard I
deck.
D. Updates. The applicant has revised the proposed exterior to eliminate the two decks I
(Exhibit 1).
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Welsh Construction
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8200 Normand,lle Boulevard, Suite 200
.. Minneapolis, Minnesota 55437~1060
612.897.7860 Fa:< 612.891.7868
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August 25, 1997
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I Mr. Kevin Ringwald
City of Arqen Hills
1450 West Highway 96
I Arden Hills, MN 55112
RE: Family Life Center Addition
I North Heights Lutheran Church
Dear Kevin:
.. Pursuant to your instructions we hereby apply for an amendment to Planning Case #97-05 approved by
the City Council on April 28, 1997.
I Specifically, we are requesting approval of the exterior building materials. You have instructed us the
project was approved with.the understanding by City Staff and City Council that the exterior was all
brick. We are requesting approval of an alternative material on a portion of the building addition.
I In accordance with our phone conversation, we have enclosed our Land Development Application,
Application Fee, Adjacent Property Owner Identification, seven full size sets of the Site Plan and
I Building Elevations, and one 8-1/2 x 11 set of the same plans.
If you should require further clarification or information, please do not hesitate to call.
I
Sincerely,
I
I ichael T. Schraad
I Project Manager
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I _ARCHITECTURE I
tit """,crs . DES1'"," ' ""'"ER5
., October 22, 1997
I MEMO TO: Kevin Ringwald - Planning, City of Arden Hills
I FROM: Scott Roberts. Genesis Architecture
RE: North Heights Lutheran Church Addition, Arden Hills
I The following is a review of the decision making process regarding the material selection for the
gymnasium exterior. In addition there is attached a rendering for the Council's reference and
elevation of the proposed compromise determined by NHLC and city staff.
I Initially we were looking at brick throughout the exterior of the addition. But we had two main
'.
concerns:
one - the monotony of a single materiai without same sort of relief.
I two - because of the open two story nature of the gymnasium is there a mare
efficient, appropriate material.
I The alternate materials under consideration were CMU or architectural precast concrete panels.
It was during this time that we needed to provide the city with plans and elevations to continue the
approval process. Consequently the elevations submitted indicated "brick and other similar
materials to match".
Ie It was determined that CMU was not appropriate as it did not occur anywhere else on the building
elevation. The architectural precast offered the ability to apply a brushed finish that would be
I similar to the stucco texture on the northwest side of the sanctuary space. Horizontal reveals are
added to match existing to strengthen this relationship with the existing.
I Another important factor was the durability of the interior surface for the activities typical of a
gymnasium. Brick would require a separate structural system and interior surfacing,
Because of the misunderstanding between the City and NHLC regarding the materials to be
I applied on the gym exterior we met with the Planning Commission ,as part of the resubmiltal
process. At this meeting it was determined that there should be some brick applied to the gym
exterior with the precast panels to be painted to match the brick.
I Working with the city staff we determined that brick applied to the reveals was an appropriate
compromise. This, in addition to the coniferous trees that were relocated to help screen the
I building from Highway 10, should mitigate any concerns the public might have.
It is our contention that architectural precast concrete is the most appropriate material for the
space usage and provides a needed relief to the building elevation. It is in the spirit of
I compromise that we have worked with the city and would hope that they will respond in turn.
I cc: Mike Schraad - Welsh Construction
..
I 8200 Normandale Boulevard' Suite 200 . Minneapolis' Minnesota' 55437:1060' 612-897-7874' Fax 612-897-7704
-------
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IFAX '-((1 1
I Date 10/20/97 I
I Number of pages including cover sheet 2 -.
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TO: Kevin Ringwa/d FROM: Orlando Loge/in I
North Heights Lutheran Church
City of Arden Hills 2701 North Rice Street I
1450 West Highway 96 Roseville, Minnesota 44113
Arden Hills, Minnesota 55112 I
.,. Phone 612-484-2049 #5200 I
Phone 612-633-5676 Fax Phone 612-484-8636
Fax Phone 612-633-7839 I
CC:Joe Rickenbach, Mike Schraad, Ken Kerns I
REMARKS: o Urgent I2J For your review o Reply ASAP o Please Comment ~
I am enclosing a brief summary describing the uses and the materials for the three phases of
construction for the North Heights Lutheran Church in Arden Hills. Mr. Ken Kerns will be
forwarding you directly, copies of the sketches showing the preliminary designs for Phase 3. I
If I can assist you any further, I look forward to your call.
I
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.,. . NORTH HEIGHTS LUTHERAN CHURCH
PHASE ONE
I In 1986 North Heights Lutheran Church completed its first facility on its Arden Hills
Campus comprising of approximately 67,000 square feet. The building materials
I consisted of brick and stucco exterior walls with a copper colored metal mansard-type
roof. The primary use of this facility was to house a 1500 seat sanctuary, classrooms and
an office area surrounding the sanctuary area.
I PHASE TWO
I In June, 1997 construction of the second phase began on the North Heights Lutheran
Church, known as the Family Life Center. It comprises approximately 96,000 square feet,
and the building materials consist primarily of brick with the exception of the southern
I end of the building known as the Activity Center. The walls of the Activity Center consist
of architecturally designed precast concrete with reveals of brick that tie into the brick
walls of the remaining Family Life Center. Portions of the roofbave copper colored
I metal to match the existing building identified as Phase One.
PHASE THREE
Ie Although there is no timetable for construction of the sanctuary extension, preliminary
sketches have been drafted of a floor plan and an elevation plan. Copies of those sketches
I are attached. The purpose for Phase Three is to extend the balcony portion of the
sanctuary outward in a northeasterly direction. This new expansion will accommodate
2,500 additional seats. Below the balcony area, there will be administration and pastoral
I offices, an enlarged narthex area, and additional classrooms. At this time, the design
includes exterior walls of matching brick with metal arched frames holding large panes of
glass. The roof will consist ofa similar mansard type roofusing the same copper colored
I metal.
Again, it is to be understood that no final plans for layout, design or use of materials have
been decided upon. The present leadership, however, has no plans to consider building
I materials other that those specified in the abovementioned paragraph.
I
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-,''t,c r0111 e e e or 0: Kenton Kerns
~ Date: Wednesday, October 22, 1997 Number of Pages: 2 I
To: Kenn Ringwald, Arden Hills ..
l!iilllllllll'! II Fax N~mber: 612 63~7839 ....
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.. Robert & Judy Bergquist
3973 Dellview Ave.
1 Arden Hills, MN 55112
(612)636-6781
I October 13, 1997
Mr. Kevin Ringwald
I Planning Director
City of Arden Hills
1450 W. Hwy. 96
I Arden Hills, MN 55112
RE: Case 97-19
I Dear Kevin:
I This is to inform you that we wish to withdraw our request for a variance.
The planning commission's recommendation for denial and the neighbor's opposition
Ie are not what we expected and we don't want to wait any longer.
We will be moving forward on building our addition with a revised size as soon as
I possible.
Sincerely,
I ~~?sPJ
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&/& J.fertis and Frances St. Aoro I
3783 New Brighton Road
Arden Hills, J.finnesota 55112 I
Telephone: 633-5284 ..
September 22, 1997 I
Mr. Kevin Ringwald I
City of Arden Hills I
]450 West Highway 96
Arden Hills, MN 55] 12
Re: Public Hearing on October 1, 1997 I
Variance request by Katherine & Todd Conley
Dear Mr. Ringwa]d: I
We are in receipt of a notice of Public Hearing on October 1, 1997, the purpose being to consider I
an application from Katherine and Todd Conley, 3777 New Brighton Road, for a variance to
rebuild a garage in the same location as the existing garage. We are their adjacent neighbors on
the north side. J
We will not be attending the meeting on October 1. However, as their neighbors we do want to
strongly urge you to grant this variance. Their lot, as are some of the adjacent lots, is very I
narrow-there is just room for a driveway between the placement of the house and the edge of the
lot. Therefore, in order to be able to drive into the garage, it is necessary to have a variance so
the garage can be rebuilt in its present location, which is the only useable position. I
Sincerely,
I
~~/I~0-vv 7~1'aa /tfliffdJ I
Mertis M. St. Aoro Frances E. A. St. Aoro
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cc: Katherine & Todd Conley I
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I GlUD OF A:'Cl.;"LS MNl'TEhS I t:::-'!(J}II$I/ e:. ~
.. '^', f,;ClPY, of tho reconllilQndations from the EOrl:!'c! c_~ ;:! ':."~.'1 ("_'i.- .;;)
{'G~h COJ.t!lcil me::1b0r,.'1'he fo).lowing nction::; wor,; I': .,"'-,(:(')!:~r"'-~' .'
hy the BO!i!'do
. Gl.l..c:u' If; t hesidenc e
'CI:ii"k,',L'O:r};!'Olne Stromquist moved, seconded by T:'U::;t0(',,>':- ~ "~CI'_'_;, i:"
th~; G51chl'lst residence.... Lot 1, Block 9 .. bhGJ~t;\'loGd !,il.~5 No. ..;~
bo allowEld to be constructed not close.!' to thf1 r:'o~Jer':;~~ J..U..Q t;!~,.r.'
adjoinlng hou3es~ in line with other hOllS<:!S1 but not c,'"I),':;(!,l' -tlv',;~
. Ddjolning houses; adjoining neighbor has ,'Jubmitt;;c.1 h:i.o .'1rFr0v~(1;
motlon cn!'ried.
JUntCS j'l!a~s
. Cl~~r'k LOl'l'flIno Stromquist moved, seconded b:{ Tl~l..lstee C1,."~pef\t:,, th.:<c
tho Mujot' residence, Lot 1, Block 8 vo ~hore\'.'occ1 Hill:::: ,:f/~~,. ~be n11c':'?,-:
a vax'lance in front set back from 40 to 30 fe8t; n. no'Co 01 npp!'u";ml.
has boen roceived fro~l adjoining property ownero; ll:otion co~rj_cd~
. hichrlrd A. Jensen
fA~'s. G ~ HD.:r<mon, member of the Boar d of .!\PPo81s,'t ltHi .'] :J:;' i~ n nr: t and
r'.:....quo:Jtod thnt Mr ~ Jensent S l'equest for a v8.1'inni::e b:' ~nllJ.Jd unLU,
I 8.PP1'OVal, hns been roceived from adjoining pro~e::'ty 0''- [I';:'~, Mr.... ,Jp.r~:. J,
h~1([ l'equElsted pC:"~mis~ion to move and add to hi~ hCL1'1-; (~'c :!.Ljc, ,\::',C';:;;
County hand Do
~ Lm'8n Sturgeon
Ciet'y. LorI'aine Stromquist moved, seconded by 'Trustt;;e l1ethe:~~ut~ t:-l~~,;,
I Loren Sturgeon, 3769 New Brighton Hond~ be All,,'.';(;c\ ~o Con!]tl'uet n ,);,:,'
garage on the ~lte of the old one, allowing D rive foot sot b8C:~;
np~HovQl hBd been received from the odjoini:1g P!'opt:l"':Y owner'; D.otlc:;
.. cRl'rled..
W. R. Saar
Clerk LQrraino Stromquist moved, seconded by (l'l'us't;ee NcLhercut~ thgt
I Mr. Sanr, 1845 Stowe Avenue", be allowed to constl'uct :'l double gnrng~!
on the back of his lot, 10 feet from the rear lot line and five feet
from the side lot linej approval had been received fl'om the adjoin=
Ing property owners; motion carried.
I Easement Check... Rysgaard
Clerk Lorraine Stromquist moved, aeconded by Trustee Crepeau, that
app:roval be given for the issuance of a check in the S!!lount of $1~200
to John Rysgaard for an easement; motion carrlcd~
. Ad.iollr nment
Meeting adjourned at 11:40 p.m.
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I September 2, 1997
.. To: City of Arden Hills _~
From:Holly and Ben Sharpe~~
483-0108
I 1124 Benton Way ./
Arden Hills, MN 55112
I Re: Variance Request
We are asking for variance in order to construct a building
I addition to our residence. The reason necessitating this
request is:
I . Hunters Park does not have a standard set back.
In justification of our request:
I . Others in the association have done additions to their
homes.
. . The proposed addition would not block the view. of other
neighbors.
.. Along the southeast wall of the home, we propose to add a
three season porch on top of a full basement. The dimensions.
of that room would be 14' wide x 24' long.
. Along the southwest wall of the home, we propose to add a sun
room on a concrete slab. It would be 9' wide x 18' long.
About 4' of the width would tuck under an existing overhang
. on the house. The width would go up to the utility easement.
The addition would have the same type of roof as the existing
home. The siding on the house would be changed to vinyl at
I the time of construction. This will ensure that the building
addition will blend in with the existing home and others in
the neighborhood who are replacing their siding.
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I" Sep-09-97 06 ~ IBA IT STUDENT AFFAIRS 612-626-1020 P.02
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S~ptemDer tl, 1997
I
I H"ll Y ;lnd B~n. Sh?rpe
1 i ?4 R~'l~(JTI W"y
I ~nl"l1 Hilb, rfN ~Sl 1 ::'.
n..ar H<.,lly and Ben:
I Thi~ 1 p.t"ter i~ to i:\dvi::H': Y'.ll.l 1:hi:i+: +-h,... H\ln1"p.y:' :; P"r', HnmpnwT\prs'
Archi +:e1:+:IJri11 i1llrl F,flvirnnmp-ntal Committee h::t'~ i:\pprf.'v,,:!"rJ. YOll.r 1-,1 ':in
Tn r..nn;"l;-t-.r'.\(":t. a thr'ee t'eClt'I)Il 111),t.r;}t ~n~. -~'\n rnnm ~nr\lTi()fl nnT.o your
I hom~. Yf.Htr '1(\ j rtf:~I1+- n~ighhnr.'~ have "pprnved you.!' pt"f.1[1fJ.':t':l"rJ
improvement.
I Pl..",,, fl{.d:f:'i th,,-\: -\:1,,, II ;;..'tfln F. ~nmmitt"E"!p.'''' approval i..~ continyell-\:
npnp ~uhmi~~i()n of +:h~ [-"HI1.l; r-""!jl ,\.,.....w"j fl!J~ t=IIn"'" oi-hAr rlncltmAnts to
t-llf-! r, i ty of /lnle" Hill" for t,h" J.H.l.rpQ~'=' of CJbt~illitl~ ':t ))'.li lrlin~
p~rmii: dod c:owpl i.i:\{]r_~e with ,,11 ("I+h~t:' fd-.i4+~ rtT1rl loc,,]
~ r'~(!ll i rp"'~Tlt ~ ..
s:ii n,:p.rp.l y
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I Firth E. Hr,lp lE~j Gh.l::\ir
Arr':.ni+~r.t"'r.al ..nrl Envi. ronmen+.:.t 1 Commi t,t.p.e
HllP+l--'!r'I ~ 1'..., ~''k. Hrlll\~rlWl\~t:.tl: I A~t!of.1C.~ iii.-+: if.1H
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I CITY OF ARDEN HILLS
.. SUPPLEMENTAL MEMORANDUM
I DATE: Octobcr 1, 1997
TO: Planning Commission
I FROM: K,,', R],~mld. Comm",,]', D",]opm,,' D'codoc ~
I
SUBJECT: Case #97-21, Variancc - housc addition
Bcn Sharpe, 1124 Bcnton Wa.y
I The Staff,was able to find one variance request in the Hunters Park PUD with the assistance of
Councilmember Malone (Exhibit A). Planning Case 86-35 was a request for an 465 square foot
I addition to the house at 1 ]53 Benton Way (Lot 4, Block 3, Hunters Park). The City Council
approved the request on November 10, 1986 with the following conditions:
I 1. Sideyard Setback Variance being 3 feet.
2. No portion of the house being within 10 feet of the neighboring house to the south.
3. Rearyard Setback Variance of 10 feet, which increases the Lot Coverage above the
.. acceptable limit, requiring a 7% coverage variance, and such approval is based on
recommendation of the Homeowners Association of Hunter's Park and the changes the
applicant has negotiated.
I The Staff was unable to find the Planning Commission (November 5,1986) or the Board of Appeals
I (October 30, 1986) which correspond to this request. The Staff hopes that this additional
information will be helpful in the Planning Commission's deliberation of this request.
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1../,1 '1
wehrman
PLANNING MEMO bergly I
(IriDiale,
To: Arden Hills Planning Commission ..
From: Wehrman Bergly Associates, Inc.
Orlyn W. Miller, Planner
Subject: Case #86-35
Variances for addition to house at n. plaza bldg., ste. 220
1153 Benton Way, Hunter's Park 5217 wayzata bllJd. I
minneapolis. rr:n 55416
Applicant: Sheldon and Barbara Braaten 612544 7576
The applicant is proposing to construct a 456-square-foot addition to I
the rear of the house at 1153 Benton flay. The Architectural and Environ-
mental Committee of Hunter's Park has approved the expansion (see I
attached letter). According to the provisions of the amended Special
Use Permit for the Hunter's Park development, house expansions requiring
additional variances to the R-3 requirements must be acted upon first by I
the A&E ~ommittee and then by the City through the normal variance
process.
The existing variances on the subject property were granted by the I
original Special Use Permit. The Planning Commission should focus its
attention on only the additional variances created by the proposed
additi on. I
VARIANCES REQUIRED:
l. The existing house has a rear yard setback of 32 feet. The proposed J
addition will extend to within 20 feet of the rear lot line,
requiring a 10-foot variance, (30 feet required).
2. The existing house has sideyard setbacks"of 6 and 7 feet. The I
proposed addition will extend to within 1 foot of the south lot
line, requiring a 4-foot variance, (5 feet minimum required).
3. The existing house and garage cover 25 percent of the lot area. I
With the open deck and driveway included, approximately 35 percent
of the lot is presently covered. The proposed addition will I
increase the building coverage to 32 percent and total site coverage
to approximately 42 percent. Therefore, building/site coverage
variance of 7 percent is required, (25 percent building and 35 I
percent site coverage permitted).
CO~IMENTS :
l. Under the Planned Unit Development approach to development, the I
Hunter's Park concept was to reduce individual lot size, but compensate
for the small lots by preserving common open space. Because of I
this concept, direct application of R-3 setback and coverage requirements,
intended for standard-sized lots, to reduced-sized lots is not
considered reasonable. In dealing with cluster housing, function,
livability, and safety should be the controlling factors in determining I
setbacks and coverage, rather than the standard ordinance requirements.
The variance process simply provides an opportunity to evaluate
these factors. ..
planning. landscape architecture I
I' 11"
I
.. 2. An important test of "1 ivabil ity" is the reaction of the neighboring
property owners who are most affected by the proposed expansion.
The A&E Committee process includes affected neighbors as voting
members of the Committee. The approval of the Committee indicates
I that the proposed addition is not considered an encroachment on
adjacent properties.
I 3. For reference purposes, the subject lot is 55 percent of the size
of a standard 11,OOO-square-foot lot in the R-3 District. Application
of the 55 percent ratio to the ordinance standards results in a
I minimum rear yard setback of 16 feet, a sideyard setback of 3 feet,
and maximum site coverage of 64 percent.
4. For reasons of appearance, and possibly fire safety, some minimum
I separation between buildings is considered reasonable. In the
hOusing cluster surrounding the subject house, the present separation
ranges from 10 to 12 feet, with some homes more than 30 feet apart.
I The proposed addition would be 7 feet from the adjacent house.
A minimum separation between buildings of 10 feet is recommended.
This recommendation is based upon precident established by numerous
I ordinances and by development experience.
CONCLUSIONS: .
.. ill The rear setback variance and the coverage variance are consicfered.
acceptable.
I ~ Increasing the sideyard setback from 1 foot to 4 feet is recommended
to maintain a minimum building separation of 10 feet.
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September 15,1986 .
Mr. Sheldon Braaten I
11 53 Benton IV ay
Arden Hills, ~lN 55112
Dear Sheldo,n: I
This letter is to advise you that the Hunter's Park Horn eowners' Archictectural I
and Environmental Committee has approved your plans (a copy of which are attached) for
the addition of a room to your home. This approval is conditioned upon your use of siding
and roofing materials consistent with the current materials of your home. The
Commmittee's vote was four in favor and one against approving the alteration. The I
member voting against the alteration did not approve of extending the width of your
home.
It is the Committee's belief that you wiil need a variance from the city of Arden J
Hills to obtain a building permit. You should be aware that the zoning code requires rear
yard setbacks of 30 feet and side yard setbacks of 5 feet. The sideyard setback also
requires an ag5"'egate minimum of 15 feet betwe.en structures on neighboring lot lines. If .
you have any questions about obtaining the variance, you should contact the city of
Arden Hills.
Finally, this approval is contingent upon submission of these plans to the Village of I
Arden H ills for the purpose of obtaining a building permit and compliance with all other
state and local requirements.
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I' 1153 Benton '.-I a v , Hunter-Is Park, Sheldon Br-aate.n fl/It
Planner explained the request for several VaLia~ces due to a p:O?0Se~ a1dition
at 1153 Benton Way, Hunter's Park. He briefly reviewed the special lot sizes in
I this PUD development under Special Use Permit, Miller advised the approximately
one year ago the SUP was revised to allow for additions to be placed on homes
in this area and if variances were required normal City procedures would have
.. to be followed. He stated that prior to applying to the City for variances
residents must seek approval from the Architectural and Environmental Committee
of Hunter's Park) and approval of the two adjacent neighbors of the applicant.
(see letter from A & E Committee of'Hunter's Park (9-15-86) gra~ting approval).
I Planner advised Council the Variances requested are:
~ 1. A 10 ft. Variance from Rearyard Setback requirements. (20 ft. provided,
30 ft. required in an R-2 District)
2. A 4 ft. Variance from Sideyard Setback requirements. C1 ft. provided.
II 0 5 ft. required)
3. A 7~ Lot Coverage Variance (657. lot coverage is allowed; Miller pointed
out the lots in Hunter's Park are 557. of standard single family lot size)
I Council was referred to Board of Appeals Minutes ((10-30-86) recommending
denial of all three variance requests, based on concern for fire safety and
visual impact due to separation of only 7 feet from the home to the south.
I Council was referred to Planning Commission Minutes (11-5-86) recommending
approval of lot coverage and rearyard setback variances. Hiller noted the
Commission concerns regarding the sideyard variance, however. after much
I discussion and negotiation with the applicant Planning Commission recommended a
sideyard variance of 3 feet rather than 4 feet, also stating no portion of the
. addition could be closer than 10 feet to the adjacent home to the south.
Ie Planner displayed a drawing of the proposed addition which meets the Planning
Commission contingencies, submitted by Sheldon Braaten.
I Sheldon Br~aten, 1153 Benton Way, advised the drawing he submitted does meet
the requirements set forth by the Planning Commission and he feels comfortable
with the addition as revised.
I Hansen moved. seconded by Sather, that Council approve Case No. 86-35, with the
following conditions:
I 1. Sideyard Setback Variance being 3 feet.
2. No portion of the house being within 10 feet of the neighboring house to
the south.
I 3. Rearyard Setback Variance of 10 feet, which increases the Lot Coverage
above the acceptable limit, requiring a 7X coverage variance, and
such approval is based on recommendation of the Homeowners Association
of Hunter's Park and the changes the applicant has negotiated.
I In discussion, Hicks was concerned about the impact of the proposed addition on
the neighbor to the south; maintaining a 10 ft. building separation leaves no
I room for expansion to that neighbor. He feels Braaten's addition is nice
looking, only opposes limitations placed on the neighbor. He asked Braaten if
he knew who the dissenting vote on the A & E Committee was.
I Braaten stated they do not receive that information, pointing out that it could
have been anyone in the Hunter's Park development and not necessarily a
neighbor.
.. Motion carried. (Hansen. Sather and Peck voting in favor; Hicks opposed) (3-1) ,--
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:.r CITY OF ARDEN HILLS
MEMORANDUM
DATE: October 27, 1997 ~-;b
I TO: Brian Fritsinger, City Administrator
I FROM: Davc Schcrbel, Building Official
SUBJECT: Rcquest for Commencement of Abatement at 1369 Forest Lane
I
Request
I Staff hereby requests that the City Council make several findings in regards to the "Hazardous
Building" conditions located at 1369 Forest Lane, and to authorize commencement of the
abatement proceedings under Minn. Statutes 463.15, Et. seq relative to 1369 Forest Lane.
I Background
On June 16, 1997, I received a phone call from the Lake Johanna Volunteer Fire Department
I concerning a home located at ]369 Forest Lane. The home had been damaged by fire early that
morning and they wanted the City to stop by and take a look at the home. At that time, I
'l observed much rubbish and debris throughout the entire home. The home basically had paths
from room to room, due to the height of the debris and rubbish which was up to five (5) feet in
some areas. The home also had five (5) distinct areas where separate fires had occurred
simultaneously. The home had been subjected to severe structural damage in approximately one
I third (113) of the attic truss area and severe smoke and water damage throughout the remainder of
the home.
I At that time, I also noticed vehicles parked on the grass, unlicensed and inoperable. On June 18,
1997, the City sent a correction notice (exhibit C 7) to Steve Nixon (property owner) to abate
I these violations. During the following weeks I made weekly inspections of the property to
confirm compliance. None of the vehicles or rubbish and debris were abated. I did notice during
this time, that at least three (3) - 20 yard dumpsters were placed on the property and extensive
I clean up was taking place on the interior of the property. On July 23,1997, I sent an additional
correction notice (exhibit C 6) informing Mr. Nixon again of the exterior violations having not
been corrected.
I I also informed Mr. Nixon that due to the fire that had occurred in the home, the City had serious
I questions as to the habitability of the home. The City requested a meeting to occur on the
property to determine it's condition and a reasonable time table to repair this home. Mr. Nixon
was given a deadline to contact the City by August 1,1997. On August 7, 1997, the City had not
I yet been contacted by Mr. Nixon. An on site inspection on August 7, 1997, revealed that the
exterior items originally identified in the June 18, 1997, correction notice had not yet been
wi abated. Citations were issued on August 7, 1997 (exhibit C 5).
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On August 13, 1997, the City sent another letter (exhibit C 4) to Mr. Nixon indicating no contact ,
or abatement of violations had occurred and the property owner had lmtil August 22,1997, to
contact the City or legal action would be commenced.
On August 25, 1997, Mr. Nixon contacted me and informed me that he had been out of town
three (3) to four (4) weeks and was unaware of the August 13, 1997, letter. At that time, I was I
told by Mr. Nixon that he had a meeting on August 28, 1997, with his insurance company
concerning a possible settlement of the fire damage. I than asked Mr. Nixon ifhe was the owner
of the property. He indicated to me that both of his parents died, and that yes he now was the I
contact person for the property.
The City sent a letter to Mr. Nixon on August 26,1997, (exhibit C 3) indicating the City wanted I
a meeting to occur no later than September 5, 1997.
On September 2, 1997, Mr. Nixon called and arranged a meeting for September 5, 1997, at that I
timc, I was ablc to obtain entry into the homc, and takc pictnrcs (exhibit E) of both thc interior
and exterior of the property. I was able to confirm that in the homes current condition that it was I
unsafe and uninhabitable. I was told by Mr. Nixon that nobody was currently living in the home;
although, I had neighbors call indicating otherwise. I told Mr. Nixon the house definitely was
uninhabitable, no one may be living in it, and that both the exterior and interior needed to be I
abated as soon as possible. Thc reasons for this determination are based on the Findings and
Orders (exhibit A), making the home unsafe for human habitation.
Mr. Nixon informed me of another meeting with his insurance company on September 10, 1997. ~
Mr. Nixon stated he would contact me with the resnlts of that meeting by September 12, 1997.
On September 15 and 17, 1997, I tried to contact Mr. Nixon at the phone number he gave me I
during our September 5, 1997, meeting. On September 18, 1997, 1 called again and sent a letter
(exhibit C I) to Mr. Nixon indicating the City would again begin whatever legal action necessary
to abate these conditions. The City also stressed Mr. Nixon needed to contact the City to discuss I
a reasonable timetable to abate the property. I again tried to contact Mr. Nixon by phone on
October 8, 1997, and was able to leave a voice message indicating he needed to contact the City.
On October 20, ] 997, while doing a follow-up investigation of the property, I was again able to I
talk to Mr. Nixon by chance as he happened to be outside of the home. 1 indicated he needed to
be in contact with the City, and that the City was going forward with plans to abate the I
conditions in violation of City code. Mr. Nixon then told me that his insurance company still
had not made any determination and that is why he has not contacted the City. I then told him
that it is in everybody's best interest to have either the insurance company or their attorney to I
contact our City Attorney, so that maybe something can be worked out to abate the conditions in
the following Findings and Order. As of this \"Titing the City has yet to hear from Mr. Nixon. I
have enclosed copies of all correspondence with Mr. Nixon for reference (exhibit C 1). I
Code Items
The following is a brief summary of the codes indicating the authority that allows for the City to I
declare the building a "hazardous building" and unfit for human habitation. Section 102 from
1994 UBC states all unsafe buildings, structures, or appendages are hereby declared to be public '-
nuisances and shall be abated in accordance with the procedures set forth in Sections 463.15 to
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:.r 463.26 of Minnesota Statutes (the "Hazardous Building Statutc"). These arc Sections 6-16 and
6-18 of the Code. (It should be noted that Section 6-18 refers to Uniform Code for the
Abatement of Dangerous Buildings (the "UCADB"). Section 6-16 refers to the State's Uniform
Building Code (the "UBC"). While the UBC, in its original version, allows abatement of
hazardous buildings pursuant to the UCADB, it was amended by the Commissioner of
I Administration to require that hazardous buildings be abated in accordance with the Hazardous
Building Statute. The UBC has to be followed, basically without amendment, throughout the
State. Thus, while Section 6-18 of the Arden Hills Code allows abatement pursuant to the
I UCADB, it is preempted by the UBC, and; therefore, the City has to pursue abatement pursuant
to the Hazardous Building Statute.
I A definition of what constitutes a "hazardous building" pursuant to the Hazardous Building
Statute is refereed to in the Proposed findings and Order.
I Findings and Order
The proposed findings contain a list of 15 itcms. In itcm # I of the findings and Ordcr, I was
I told by Steve Nixon that both of his parents had died and that he was now the owner or contact
person for the property at 1369 forest Lane. In items 2-15 of the Findings and Order,] have
found all of these conditions to exist at 1369 forest Lane. I have included photographs of the
I property (exhibit E) taken on September 5,1997, during a meeting with Steve Nixon. I believe
these photos will help substantiate the conditions identified in the Findings and Order.
-: Abatement Process
The Hazardous Building Statute sets forth the abatement proceedings. Staff will work closely
with the City Attorney in regards to the proper procedures to be taken in order to be in full
I compliance with all rules and regulations.
I Budget Impact
At this time, Staff is only requesting authorization to begin commencement of abatement
proceedings at 1369 forest Lane. Staff estimates cost shall be minimal, basically for Staff costs
I relating to preparing the findings and Order, the resolution, and lawyer fees in preparing and
consultation for the above items.
I Only after the order has been served and the appropriate time has elapsed with no response will
Staff pursue this matter further. This most likely will entail.
I 1. Procuring three (3) estimates for the abatement of the hazardous conditions identified in
exhibit A the findings and Order.
2. Obtaining a market evaluation of the home.
I 3. Making a determination based on the home value whether the home should be renovated
or demolished based on the market analysis of what the home may be worth.
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Costs for renovating the home may range from $60,000 to $150,000 versus $10,000 to $15,000 ..:
to demolish the home. Obviously, until such time that estimates can be obtained and a market
analysis be done, can a reasonable decision be made on which way to go to abate the conditions
identified in exhibit A, the findings and Order. A request to the City Council can then be made
for authorization to expend funds to abate the conditions at 1369 forest Lane. Enclosed is a copy
from the Lake Johanna Fire Department with a preliminary dollar loss for 1369 Forest Lane in I
the amount of$60,000 (exhibit D).
Rccommendation I
Staff recommends City Council approve Resolution #97-53 and Findings (#1-15) to commence
the abatement process on 1369 Forest Lane and direct the City Attorney and Building Official to
undertake all necessary actions relating to the commencement of this abatement. I
cc: Steve Nixon, owner (certified # P 458 806 781) I
Enclosures
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:, STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
I RESOLUTION NO. 97-53
A RESOLUTION AUTHORIZING THE COMMENCEMENT OF
I PROCEEDINGS UNDER MINNESOTA STATUTES 463.15,
ET. SEQ. RELATIVE TO 1369 FOREST LANE
I WHEREAS, the structure (the "Building") on 1369 Forest Lane, Arden Hills (the "Property"),
was extensively damaged by tire on or about June ]6, 1997; and
I WHEREAS, the City has unsuccessfully attempted to have the owner of the Building make
certain necessary repairs to Building; and
I WHEREAS, over five (5) months have passed since the fire and the Building has nas not been
repaired; and
I WHEREAS, the Building has dcteriorated to the point where it is determined that the Building,
because of inadequate maintenance, dilapidation, physical damage, unsanitary conditions, and/or
..- abandonment, constitutes a fire hazard or hazard to the public safety or health for the reasons,
among others. set forth in the attached Findings and Order Finding Hazardous Building Nuisance
(the "Findings and Order"); and
I WHEREAS, sufficient efforts have been made by the City to arrange for the abatement of the
conditions at the Property as set forth in the Report of the Building Official dated October 24,
I 1997; and
WHEREAS, the City has proceeded in good faith to resolve the matter, but, because of the lack
I of any meaningful effort by the Property Owner to abate the conditions or resolve the matter, the
City now finds that in the interest of the public, it is required to act to abate the Conditions
I pursuant to Minn. Stat. Section 463.15 et. seq. (the "Hazardous Building Statute"); and
WHEREAS, given the length of time since the fire and opportunity of the Property Owner to
I abate the conditions, a reasonable time within which the Property Owner to complete the
abatement of the conditions is set forth in the attached Findings and Order.
I NOW, THEREFORE, BE IT RESOLVED that the City Council of Arden Hills, Minnesota,
hereby adopts the attached Findings and Order pursuant to the Hazardous Building Statute and
hereby directs the City Staff and Attorney to proceed pursuant to the Hazardous Building Statute
I or otherwise to implement the directives as set forth in said Order.
II
I
, I
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS ..:
THIS 27TH DAY OF OCTOBER, 1997.
DENNIS PROBST, MAYOR I
ATTEST: I
I
BRIAN FRITSINGER, CITY ADM]NISTRATOR I
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:, EXHIBIT A
FINDINGS AND ORDER DETERMINING THE
EXISTENCE OF A HAZARDOUS BUILDING
I FINDINGS
I On this 27th day of October, 1997, the City Council of the City of Arden Hills hereby
determines, pursuant to Minnesota Statutes 463.15, et. seq. (the "Hazardous Building
I Statute") that the building (the "Building") located at 1369 Forest Lane in the City of
Arden Hills, Minnesota, is a "Hazardous Building" as defined by Minnesota Statute
463.15, Subd. 3, which provides as follows:
I Subd. 3. Hazardous building or hazardous property. "Hazardous building or
hazardous property" mcans any building or property, which bccausc of inadcquate
I maintenance, dilapidation, physical damage, unsanitary condition, or
abandonment, constitutes a fire hazard or a hazard to public safety or health.
I This finding is based on the information provided by David Scherbel, City Building
Inspector, and other members of the City Staff, including but not limited to
-: inspection/violation report and the photos and documents included with the report which
report has been previously or contemporaneously provided to the Council. Specifically,
the Council finds the following conditions exist, among others, which make the building a
Hazardous Building:
I 1. As used in these findings and Order, the phrase "Property Owner" shall be
deemed to be Steven Nixon, last known address: 1369 Forest Lane, Arden Hills,
I Minnesota 55112. The records of the Ramsey County Recorder indicate that the
Building, and property on which it is located, is in the name of "Marlys Nixon",
I whom on information and belief is the Mother of the Property Owner and who is
now deceased. The Property Owner has been the principal occupant of the
Building for many years. The records of the Ramsey County Recorder do not
I show the existence of any lienholders;
2. The Building was extensively damaged by fire, smoke and water on or about June
I 16,1997;
3. The Building is a Dangerous Building as defined by Section 302 ofthe Uniform
I Code for the Abatement of Dangerous Buildings as incorporated into the City code
in Section 6-18;
I 4. The Building injures or endangers the comfort, repose, health, or safety of others;
rI 5. The Building is offensive to the senses;
6. The Building essentially interferes with the comfortable enjoyment of life and
I property, or tends to depreciate the value of the property of others;
, I
7. Based on these Findings, it is further found that the Building is a nuisance as ,,:
defined by Chapter 16 of the City Code.
8. The stress in certain materials, member or portion thereof, due to all dead and live
loads, is more than one and one half times the working stress or stresses allowed in I
the Building Code for new buildings of similar structure, purpose or location.
9. A portion thereof has becn damaged by fire, earthquake, wind, floor or by any I
other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings or similar structure, purpose I
or location.
10. Portions, members or appurtenances thereof is\are likely to fail, or to become I
detached or dislodged, or to collapse and thereby injure persons or damage
property.
11. A portion of the Building, and certain members, appurtenances or ornamentation I
on the exterior thereof is\are not of sufficient strength or stability, or is\are not so I
anchored, attached or fastened in place so as to be capable of resisting a wind
pressure of one half of that specified in the Building Code for new buildings of
similar structure, purpose or location without exceeding the working stresses eJ
permitted in the Building Code for such buildings.
12. The Building or a portion thereof, is manifestly unsafe for the purpose for which it I
is being used.
13. The Building has been constructed, exists or is maintained in violation of any I
specific requirements or prohibitions applicable to Building provided by the
building regulations of this jurisdiction, as specified in the Building Code or
Housing Code, and of any other laws or ordinances of this state or jurisdiction I
relating to the condition, location or structure of buildings.
]4. The Building which, whether or not erected in accordance with all applicable laws I
and ordinances, has in any non-supporting part, member or portion less than 50
percent, or in any supporting part, member or portion less than 66 percent if the (i) I
strength (ii) firecresisting qualities or characteristics, or (iii) weather-resisting
qualities or characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location. I
15. The Building used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or I
arrangement, inadequate light, air or sanitation facilities, or otherwise, has been
determined by the health officer to be unsanitary, unfit for human habitation or in '-
such a condition that is likely to cause sickness or disease.
I
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:, All findings and conclusions set forth in the Resolution directing this Order are hereby
incorporated herein, which Resolution shall be served along with a copy of this Order as
set forth below.
I ORDER
BASED ON THE ABOVE FINDINGS, the City Council determines that this Building
I is a "hazardous building" within the meaning of the Hazardous Building Statutc and
demands that corrective action be taken by the Property Owner. Corrective action shall
include the completion of all steps necessary to bring the Building into compliance with
I all applicable City Codes and abating all violating conditions set forth in the Findings,
above. Attached to this Findings and Order as Exhibit A is a list of items, as determined
by the Building Official as of the date hereof, which need to be completed in order to
I comply with this Order. As the work progresses, further investigation may reveal that
additional steps need to be taken in ordcr to bring thc Propcrty into compliance with
I applicable City Codes. You will be advised of any such additional steps, in writing, by
the Building Official or City Administrator. This Order shall be served upon the Property
Owner, and any lien holder of record, pursuant to Minnesota Statute 463.17, who shall
I have twenty (20) days from the date of service to interpose an Answer to this Order. A
copy of the Order with proof of service shall be filed with the Court Administrator. If
corrective action is not commenced within forty-five (45) days and completed with ninety
-: (90) days of the date of service, and an Answer is not timely filed, pursuant to Minnesota
Statute 463.18, a Motion for Summary Enforcement will be made to the District Court of
Ramsey County.
I
I DENNIS PROBST, MAYOR
ATTEST:
I
I BRIAN FRITSINGER, CITY ADMINISTRATOR
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~ CITY OF ARDEN HILLS
1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
I October 10,1997
I Exhibit B
I The following is a list of items needed to be repaired at 1369 Forest Lane. This letter
may not be all inclusive and is subject to final approval by the Building Official.
I 1. Any structural members damaged or charred more than ten percent of their
original statc.
I 2. All roofing materials damaged are to be brought up to their original condition,
including but not limited to: sheathing, underlayment, ice and water shield, and
shingles.
, All flooring materials damaged or significantly weakened by fire or water are to
I .).
be replaced to current code, including sub floor, flooring, and carpet.
4. All wall and ceiling coverings damaged by smoke, fire, and water are to be
-: removed and replaced with materials meeting today's code.
5. All insulation damaged by water, fire, smoke, are to be removed and replaced
with insulation maximizing it's efficiency.
I 6. All ventilation of the roof system is to be repaired and brought up to today's
code.
7. All windows, doors, millwork, damaged by water, smoke, and fire, shall be
I replaced or repaired to local standards.
8. The entire electrical system shall be inspected by a licensed electrician and any
I repairs necessary to bring it up to current state code shall be done.
9. The entire plumbing system shall be inspected by a licensed plumber and any
repairs necessary to bring it up to current state code shall be done.
I 10. The entire heating system shall be inspected by a licensed heating contractor and
any repairs necessary to bring it up to current state code shall be done.
11. All permits and licenses necessary to complete the above work shall be obtained
I within 45 days from the date of the notice and order attached.
12. All work is subject to inspection by the City and final approval to the
satisfaction of the Building Official
I 13. Work is to be started within 60 days of the date of this order and completed
within 90 days after that time when work is commenced.
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I PHONE: 16121 633-5676 . FAX 16121 633-7839
I e x It. c- I
~ CITY OF ARDEN HILLS
1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
September 18, 1997
I
I Stc\'c Nixon
1369 Forest Lane
Arden Hllls, MN 55112
I Dear Mr. Nixon:
I This letter is to inform you that the City has again recontacted our City Attorney to
begin the appropriate legal action necessary to have the property abated as soon as
I possible. At our last meeting on September 5, 1997, located on your property at 1369
Forest Lane YOLl informed me that you had a meeting with your insurance company on
September 10,1997, to discuss settlement on your property. You stated you would
I contact me no later than September 12, 1997, and inform me of the results.
1 have tried contacting YOLl on September 15 and September 17 with no response. Since
-: the City has not heard from you we have no other recourse than to begin legal action to
abate your property.
I The home has broken/missing windows and in poor condition. The home is not fit for
human habitation and may have to be placarded as such. The exterior violations of
rubbish/debris and unlicensed vehicles have not been removed as of September 17,
I 1997, and new citations have been issued. As you can see, it is in all of our best
interests to have these numerous violations abated as soon as possible.
I The City needs to hear from you to work out a time table to resolve the above issues.
Please contact me as soon as possible at 633-5676.
I .
Si~~ WJ
I
Dave Scherbel
I Building Official
cc: John Miller, City Attorney
I Kevin Ringwald, Community Development Director
II
I PHONE: [6121 633-5676 . FAX [6121 633-7839
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CITY OF ARDEN HILLS ,
1450 WEST HIGHWAY 96
ARDEN HILLS. MN 55112-5794
August 26, 1997
Steve Nixon I
1369 Forest Lane
Arden Hills, MN 55112 I
Dear Steve:
I wish to first thank you for your return phone call on August 25, informing me that you I
have been out ofto\'m for three (3) to four (4) weeks, and did not know of the letter sent
to you on August 13, 1997, until recently. I
However, the City has previously sent you letters on June 18, 1997, (concerning the I
unlicensed vehicles and rubbish and debris) and on July 23, again concerning the
vehicles and debris, along with our concerns that due to the recent flre at 1369 Forest
Lane the home might be in an unhabitablc condition. Bccause the City has not heard I
from you at all since the original letter was sent out and the August 1, deadline has
passed, we contacted our City Attorney to begin proceedings to enable us to determine
the current condition of the home, and to abate the numerous code violations that exist \I
at 1369 Forest Lane.
The home currently has some windows broken and missing, in addition to damage on I
the roof. Again, the City is requesting a meeting with you at the site to determine the
current condition of the home, and to discuss a reasonable time table to resolve the
already mentioned code violations. Considering the fire occurred over 60 days ago and I
the vehicles and rubbish and debris have existed much longer, the City will need to have
this meeting take place no later than September 5,1997.
P.lease contact me as early as possible to set up a time before that date. If we do not I
hear from you before than, we will again be forced to contact our City Attomey to begin
proceedings to abate the code violations. I
If you have any other questions or concerns, please bring them to my attention when I
you call. I look forward to our meeting and resolving these issues as quickly as
possible.
Sincerely, WJ I
5J.Mf.
I
Dave Scherbel
Building Official '-
cc: Jerry Filla, City Attorney
Kevin Ringwald, Community Development Director
PHONE: 16121 633-5676 . FAX 16121 633-7839 I
I e x. It. ~-1
:.r CITY OF ARDEN HILLS
1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
August 13, 1997
I
I Steve R. Nixon
1369 Forest Lane
Arden Hills, MN 55112
I Dear Mr. Nixon:
I On July 23, 1997, the City sent you a letter formally requesting a meeting with you to
discuss and possibly inspect the property located at 1369 Forest Lane. The City is
aware that a fire had occurred in the building, and at that time the building may not have
I been in a habitable condition; due not only to the fire, but to the large amount of rubbish
and debris throughout the building.
I Also, the City noticed a wire that ran from the garage to the home, which was
improperly installed, and also constituted an immediate safety hazard. The letter sent
II on July 23, indicated to you to contact the City by the first of August. As of today the
City has yet to hear from you. jfthe City does not hear from you by August 22, the
City will be forced to take further action allowed by law to remedy the situation.
I Please contact the City as soon as possible to set up a meeting at the property to resolve
the above issues.
I Sincerely,
I YCZvt- 9J~
Dave Scherbel
I Building Official
Enclosure
I cc: John Miller, City Attorney
I Kevin Ringwald, Community Development Director
I
I'
I PHONE: 16121 633-5676 . FAX 16121 633-7839
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I CITY OF ARDEN HILLS
1450 WEST HIGHWAY 96 ex),. (!.. ,
:.r ARDEN HILLS, MN 55112-5794
July 23, 1997
~
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I Steve R, Nixon .1.
1369 Forest Lane
I Arden Hills, IvIN 55112
Dear Mr. Nixon:
I On June 18, 1997, we sent you a letter informing you of being in violation of City
ordinances regarding vehicles stored on grass, inoperable and unlicensed vehicles, and
I rubbish and debris in the rear yard. A recent follow-up inspection revealed that the
campcr top has been removed, bllt the majority of the items have not been removed.
These items need to be removed by August 1, 1997, or the City will be forced to take
I futiher action allowed by law to havc these items removed.
II Further, it has also been brought to the City's attention that a recent fire occurred at your
property on Forest Lane. It has been indicated that the house may not be habitable in its
current condition. I would appreciate you contacting me by August 1, 1997 to discuss a
possible inspection of this property to determine its habitability and to discuss a
I reasonable timetable for its repair.
I If you have any concerns or questions, please eall me.
Sincerely,
I 5)-ML 2.ktJ
I Dave Scherbel
Code Enforcement Officer
I DS/sls
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II PHONE: 16121 633-5676 . FAX 16121 633-7839
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CITY OF ARDEN HILLS ,
1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
June 18, 1997
I
Steve R. Nixon I
]369 Forest Lane
Arden Hills, MN 55] 12
Dear Steve: I
The City recently received a complaint regarding outdoor storage located at ]369 Forest I
Lane. City Ordinance does not allow for vehicles to be stored for a period longer than
seven (7) days and also cannot be parked on grass. In addition, there is miscellaneous I
rubbish/debris/camper top etc. stored in your yard. All of these items need to be
removed as quickly as possible to bring your property into compliance with City Code.
The City will be doing a follow-up investigation on July 8, to assure removal of these I
items has been completed.
Thank you in advance for your quick response regarding this matter. \I
Sincerely,
5Jewe I
Dave Scherbel I
Code Enforcement Officer
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PHONE: (612) 633-5676 . FAX 16121 633-7839 I
~e::: Volunteer Fire Department
Lake Johanna
Arden Hills Monthly Fire Report
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.- CITY OF ARDEN HILLS
MEMORANDUM
I DATE; October 23, 1997
TO: Mayor and City Council
I FROM; Brian Fritsinger, City Administratorr@>
I SUBJECT: Resolution #97-52, Opposing Legislation Providing Public Subsidy for
Additional Professional Sports Facilities
I Request"
The City has received from Senator Linda Runbeck a request for consideration of a resolution
I opposing public subsidy for sports facilities.
Attached is the letter of request for this resolution from Senator Runbeck. I have invited Senator
I Runbeck, by letter, to attend this evening's meeting to address the purpose of the resolution.
Ie Reouested Action
The City Council is asked to consider the adoption of Resolution #97-52, opposing legislation
providing a public subsidy for construction of additional professional sports facilities.
I BF/sls
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STATE OF MINNESOTA I
COUNTY OF RAMSEY -.
CITY OF ARDEN HILLS
RESOLUTION NO. 97-52 I
A RESOLUTION OPPOSING LEGISLATION PROVIDING A PUBLIC SUBSIDY FOR
CONSTRUCTION OF ADDITIONAL PROFESSIONAL SPORTS FACILITIES I
WHEREAS, the State of Minnesota has many existing priorities for the expenditure of state
revenues; and I
WHEREAS, there are currently competing demands on state revenues for many of the state's
highest pr.iority expenditure areas sLlch as education, health care, crime prevention, highway I
construction and maintenance; and
WHEREAS, professional sports is no different than other types of entertainment, and I
accordingly should be accountable to market forces in delivering a quality product competitively
priced without dependence on public subsidies; and I
WHEREAS, the CLlrrent costs of professional baseball are not under control and will inevitably
overtake the revenue derived from a new facility in a few years time resulting in additional future eI
requests for public subsidies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, I
Minnesota, that it strongly urges the Minnesota State Legislature to oppose any legislation that
would provide a public subsidy for the construction or operation of a professional sports facility.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I
THIS 27TH DAY OF OCTOBER, 1997.
I
DENNIS PROBST, MAYOR I
ATTEST: I
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BRIAN FRlTSINGER, CITY ADMINISTRATOR I
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I CITY OF ARDEN HILLS
~ 1450 WEST HIGHWAY 96
ARDEN HILLS, MN 55112-5794
. October 23. 1997
I
I Senator Linda Runbeck
107 State Office Building
St. Paul, MN 55155
I RE: " Public Funding for Twins Stadium
I Dear Senator Runbeck:
I The City Council is in receipt of your correspondence dated October 6, 1997 related to
possible state funding for a new Twins Stadium.
Ie The City Council will be reviewing this request at their October 27, 1997 regular City
Council meeting. We would like to extend an invitation to you to attend this meeting to
further address your request. The meeting begins at 7:30 p.m., and is held at the New
I Brighton City Hall, 803 Fifth Avenue NW, New Brighton. This item will most likely be
one of the final agenda items for discussion that evening, between 8:00 and 8:30 p.m.
. If you have any questions or need additional information prior the scheduled meeting,
please contact me.
I Sincerely,
~L
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I City Administrator
BF/sls
I CC/City Council
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I PHONE: 16121 633-5676 . FAX 16121 633-7839
"I
LINDA RUNBECK I
Senator 53rd District -.
107 State Office Building
St. Paul, Minnesota 55155
(6l2) 296-1253 Senate
Home:
48 E. Golden Lake Road I
Circle Pines, rvtinnesota 55014 State of Minnesota
(6l2) 7~4.8822
I
Date: October 6, 1997
To: City Councils in District 53 I
From:,. Senator Linda Runbeck flL I
Re: Public funding for Twins Stadium
I
Since the inception of the discussion about possible state funding for a new Twins Stadium, I
I have been in the opposition camp. Of course, like many, I would like to keep the Twins
here, but not expending public dollars.
In considering vehicles which might turn up the volume of opposition on this subject, I eI
have developed a model resolution which I am hopeful you will consider taking up at an
upcoming City Council meeting. I
Why the City Councils? I believe it is in keeping with the role of municipalities to urge
particular courses of action upon the State Legislature. And, since both local and state I
elected officials bear joint responsibility for taxpayer spending, this is a topic on which we
can unite our voices.
Please call me if you have any questions. I
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COM;\-UTTEES: Government Operations and Reform; Jobs, Energy and -.
Community Development (plus Finance Division);
0 Metropolitan and Local Government (plus Tax Division)
SERVING: Arden Hills, Circle Pines, Gem Lake, North Oaks.
/?"'yded Pllper Shorcview, Vadnais Heights, parts of Blaine, ~..I
10',Posl. Little Canada, Maplc\vood, ,\\-'hite Bear Lake and
COI1SlII>l<:rf'ih.-r White Bear Township
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Oct. 22, 1997 'The Bu11etln
I New stadium?
SV Council opposes funding
by DenIse Becker
I The Shorc'o'icw Cil)' Council has a message
10 ~t;Jle LcgislOllors as they go into Wednesday's
spcciill ~cs.~jon:jus( sa)' no.
In an Del. 13 1cncr to Slate Rcprescnlativc
Phil Krinkic, the council urged the Legislature not
I 10 approve public funding for a new Twins ba!'.c,
ballslauium,
"The use or public money for such a sladium
is an inappropriate use of taxpayer uollars," the
I' letter slates. "There arc several new or additional
revenue ~urccs being di:<.euS$.<:d. Taxes on exist,
ing gaming operations, slot milchincs at Omlc!-
bury Park and higher cigarCl1C taxes arc some of
the suggestions for new revenue,
I "The additional revenue being discus..-..cd
co'uld be put In better use, i.e. tr;ln~portalion
needs, school funds or 10 reduce our slale's grow-
ing property laxe~," the leller adds.
"We strus.g1c 10 main!;Iin essential services
I - policc and lire proLection, street and park
mOiinlenance :..nd snow plowins, kno.....ing lh:st we
are abo under levy limits imposed by thc l1J;isla-
IUIC. We, Ihereforc. believe it is unconseion:Jblc
(or legislalors 10 consider using public funds (or a
I baseball ~Iadium:' the lcllcr concludes.
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I CITY OF ARDEN HILLS
" MEMORANDUM
DATE: October 24, 1997
1 TO: Mayor and City Council ~
I FROM: Brian Fritsinger, City Administrator
SUBJECT: Ordinance Amending Cable Franchise Ordinance, Extension ofTcrm
1 Introduction
I The Attorney representing the cities in the North Suburban Cable Commission has recommended
that the cities extend the term of the franchise by about two months to allow for negotiation of
final contract language with Meredith Cable. An ordinance that will extend the term of the
1 franchise until January 19, 1998 has been included for Council consideration.
Background
1 In the 1982, the City of Arden Hills, along with nine other cities in the north suburban area
awarded a franchise to Group W Cable for the operation of a cable franchise for a fifteen year
period. For the past three years, the North Suburban Cable Commission has been involved in
Ie preparing new cable franchises on behalf of its member cities.
After several months of negotiation, the North Suburban Cable Commission recently
I recommended that a franchise renewal proposal from Meredith Cable be accepted. The
Commission directed tllat the Attorney and Executive Director of the Commission develop final
franchise language with representatives of Meredith Cable. That process is moving forward, but
I it will take another two months to complete. Once it is completed, the Cable Commission will
recommend a final franchise to the member cities for review, consideration and adoption. To
1 accommodate this process, the Commission and Meredith Cable have agreed to an extension of
the franchise to January 18, 1998.
1 Attached is an ordinance that would amend Cable Franchise Ordinance No. 226 to extend the
term of the existing franchise agreement to January 18, 1998.
1 Recommendation
Based on the foregoing information, it is recommended that the City Council adopt Ordinance
No. 302, An Ordinance Amending Cable Franchise Ordinance No. 226, Article II, Section 4,
1 Franchise Term.
BF IsIs
1
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CITY OF ARDEN HILLS I
COUNTY OF RAMSEY -.
CITY OF ARDEN HILLS
ORDINANCE NO. 302 I
AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE NO. 226,
ARTICLE II, SECTION 4, FRANCHISE TERM I
SECTION 1. Ordinance No. 226, Article II, Section 4, Franchise Term, is hereby amended to
read: I
Section 4. Franchise Term
This franchise shall commence upon the effective date of the regular certificate of I
confirmation issued by the Board and shall expire on January 19, 1998,
SECTION 2. This ordinance shall be effective upon passage and official publication. I
Effective Date
This ordinance shall become effective the day following its publication in thc City's official I
newspaper.
Adoption Date ~
Passed by the City Council of the City of Arden Hills this 27th day October, 1997.
I
DENNIS PROBST, MAYOR I
ATTEST:
I
BRIAN FRITS INGER, CITY ADMINISTRATOR I
(SEAL) I
Publication Date
Published on the _ day of ,1997. I
(Affidavit Attached)
M:\USERS\SHEILA \COUNCIL \RESOLUTlORD302,RES I
..
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t"ll BERNICK AND LIFSON
I A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
~ NEAL .J. SHAPIRO SUITE 1200, THE COLONNADE tA~SO ADMITTED IN WtSCONSIN
SAUL A. B!::RNICK. -ALSO CERTlI'"IEO PUSLIC ACCOUNTANT
5500 WAYZATA BOULEVARD "ALSO AOMIT1"EO IN rLORIOA
THOMAS D, CREIGHTON MINNEAPOLIS, MINNESOTA 55416-1270 -
SCOTT A. LIF$ON - LEGAL.. ASSISTANT
DAVID K. NIGHT1NGALEt TELEPHONE (612) 546-1200 KATHRYN G, MASTERMAN
I PAUL ..J. QUAST'
FACSIMILE (6121 546-1003
ROBERT J. v. vaSE
WILLIAM s. FORSBERG.~
',-,
I October 23, 1997
IMPORTANT: FOR YOUR IMMEDIATE ATTENTION
I Via facsimile and U.S. Mail
I Mr. Brian Fritsinger
Administrator
City of Arden Hills
I 1450 W. Highway 96
Arden Hills, MN 55112-5794
Dear Mr. Fritsinger:
I As you know, for the past three years the North Suburban Cable Communications Commission has been
involved in preparing new cable franchises on behalf of its Member Cities: Arden Hills, Falcon Heights,
It Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, and Roseville. As part of this process
the Commission has completed a comprehensive and detailed assessment of all of the telecommunications needs
and interests of the communities, has been reviewing and assessing the proposal submitted by Meredith Cable
I to meet those identified needs and interests, and has initiated final negotiation of the renewed franchises.
The Commission has accepted a proposal which meets the broad teleconununications needs of the communities
and is currently engaged in negotiating final franchise language with Meredith Cable. Upon completion of this
I process in the near future, the Commission will recommend a final franchise to the Member Cities for review,
consideration and adoption.
I It is expected that negotiation and drafting of a final franchise document, and consideration and adoption of such
franchise by the respective Member Cities will require the next two to three months to complete. However,
the respective current franchises each expire on or about November 8, 1997. Accordingly, the Commission
I and Meredith Cable have agreed to an extension of the current franchises to January 19, 1998 to accommodate
completion of this process. Extension of the franchises requires that the Member Cities amend their franchise
to provide for an expiration date of January 19, 1998. Enclosed please find a draft Ordinance Amendment
which provides for such an extension of the franchise term.
I Please place this issue on the Council's agenda for consideration and action at the next meeting. Upon adoption
by the Council, please return a copy of the Ordinance Amendment for my records.
I In summary:
1. Cable franchises expire November 8, 1997.
I 2. Enclosed is extension (recommended by Cable Commission) to January 19, 1998,
3, Adopt attached.
- 4, Send a copy to my attention.
I
- ., -
.....
Mr. Brian Fritsinger It
October 23, 1997 -.
Page 2
5. Adopt the Model Right-of-Way Ordinance as soon as possible and also send a copy to my attention. I
] do not care if you adopt the version I provided or the League of Minnesota Cities version (they are
very similar). The new cable franchise is based on the Right-of-Way Ordinance which must be adopted I
before or simultaneous with the cable franchise.
Please call me if you have any questions.
Yours truly, I
BERNICK AND LIF I
(/,
I
Enclosure
cc: Mr. John F. Gibbs, Esq. I
Ms. Coralie Wilson C:\CABLE\NSCCCC\ADMIN .LOt
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{
I CITY OF ARDEN HILLS
,. MEMORANDUM
DATE: October 27, 1997
I TO: Mayor and City Council
I FROM: K,," m'gw,ld, C,mm"Uy D'w"pm,,' o;"''''~
SUBJECT: Community Developmcnt Department Activities
I October of 1997
I The following summarizes the activities of the Community Development Department for
October of 1997.
I Planninl!: and Zoning
1. Planning Case 97-23 (MSL, 4300 Round Lake Road, SUP Amendment - Signage).
The applicant is the tenant in the Phase] of the GBD. The applicant wishes to place a
I sign on the building facing west (towards I35W). The requirements for the GB zoning
district require specific approval for all signs in relationship to projects within the GB
zoning district. The plans that were approved did not show a sign on this side of the
J. building. Therefore, an amendment to the original SUP is required.
--- 2. Planning Case 97-24 (Arlyn Solberg, 3232 North Hamline Avenue, Variance - Side
. Yard Setback). The applicant has an unenclosed porch (constructed in 1956) on the east
side of their home which is 6.7 feet from the side property line when 10 feet is required.
I The applicant wishes to enclose the porch to allow for an expansion to the adjacent
kitchen.
I 3. Discussion of the regulation of Adult Uses, Pawn and Gun Shops. Per discussion
between the Planning Commission, City Attorney, and Staff the City Attorney is
preparing draft ordinances for these uses. It is anticipated that these drafts will be
I initially discussed at the December 2, 1997 Planning Commission meeting with a
recommendation coming from the Planning Commission to the City Council in early
1998.
I 3. Comprehensive Plan RFP selection update. The Staff is anticipating recommending a
consultant on this item to the City Council in early November.
I
I
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,
Protective Inspections I
1. Building Permits (October). The first commercial/industrial permit of October (# 5866)
involved a $52,000 interior remodel at the Holiday Inn at 1201 County Road E. The ..
second commercial/industrial permit (# 5871) involved a $27,000 office remodel for
Insurance Testing at 3900 Northwoods Drive. The third commercial/industrial permit
(#5873) involved a $2,450 office remodel at 3585 Lexington Avenue. Lastly, the fourth I
commercial/industrial permit (#5880) involved a $112,000 silo addition at Friskies Pet
Foods at 4251 Fernwood Avenue.
In October, the City issued one new residential (single family) construction permit which I
had a value of $152,624. In October, the City issued 15 residential remodeling permits
which ranged in value from $81.06 to $150,000 and had a total value of $291 ,248.06 and I
had an average value of$19,416.54. Lastly, in October, the City issued a mass driveway
reconstruction permit (#5870) for the Pemtom townhouses which had a total value of
$81,093. I
2. Sign Permits. In October, the City issued no sign permits.
Economic Deve]opment I
1. Gateway Business District. The Staff and the developer continue to whittle away at the
list of items which require resolution. The City Attorney (Jerry Filla) has made some I
progress with the attorneys for Morris Communications and would hopefully have
positive news by the City Council meeting. The Development Attorney (Bob Deike) is -
redrafting the purchase agreement and the development agreement consistent with the
actions taken by the City Council in recent meetings. ---
2. Resistance Technology Incorporated. The 20th Anniversary ofRTI will be occurring ..
on Wednesday, October 29, 1997 at 8:00 a.m. to 9:30 a.m. at their facility at 1260 Red
Fox Road (Exhibit A). The Staff and representatives of the Business Relations I
Committee are also planning on attending.
3. Adobc Systems Incorporated. The third floor of the Northwood Office building at 3900 I
Northwoods Drive has been occupied by the research and development team (over 100
employees) of Adobe Systems Incorporated. Adobe is a computer software manufacturer
who specializes in printing technologies, multimedia, graphics and layouts, and Internet I
publishing (Exhibit B). Adobe has offices in Georgia, Australia, Massachusetts, Canada,
IlIinois, Texas, California, Korea, Minnesota, New York, Washington, and Signapore. I
Code Enforcement
1. Miscellaneous off-premise signs. The Staff has been picking up more off-premise signs I
around the City. The Staff contacts each of these vendors and informs them that their
sign is illegal and that if we have to go out and pick up any additional signs that we will
issue them a citation. In general this approach works, however, as new vendors enter this I
market the learning process starts over again.
--
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I
I 2. Political Signs. It's that time again. The absence of any major political race has kept the
,. signage to a minimum. The Staff has been attempting to contact the campaign
headquarters of political candidates who have illegal signs and inform them of the rules
and have them relocate the signs, then if the problem persists then we will take
possession of the illegal signs. It appears that past efforts in combination with this
I approach has been working reasonably well ..... so far.
3. Leasing Signs. The Staff has not yet started on identifying and taking appropriate action
I on eliminating the various leasing signs which do not meet the sign ordinance. As time
permits, the Staff will be following up on this item.
I Animal Control
1. Animal Control contract for 1998. The Staff has been reviewing the proposed contract
I for animal control services for 1998. At this point in time, the one outstanding item that
has yet to be resolved is the billing cycle. As soon as this is agreed upon, the Staff will
forward the contract to the City Council for your consideration.
I Recvcling
1. Score Grant. The Staff has provided Ramsey County Solid Waste with the SCORE
I grants request which was approved by the City Council (Resolution #97-46) on October
14, 1997.
Ie 2. Fall Clean Up Day. The Cities of Shoreview and Arden Hills held their fall clean up day
on Saturday, October 4, 1997 at the Shoreview Community Center. The fall clean up day
was visited by 97 residents from the City of Arden Hills. The residents of Shoreview and
I Arden Hills dropped off 130 appliances, 279 tires, 65 batteries, 60 tons of demolition
material, 26.5 tons of general trash, 1 ton of branches, and numerous items for the
Goodwill.
I
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I , ,,< ,..,
, ':"':/
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I '.. ,..~1J~Ri~i:E3:r~~~S~~~tWOI"1{'L"'. 'i'.,' ,
- ' ,',., " .IH.Celebiau6nOfManufacfurefsMori'thatld..,".""'.
HR:gsi~t~~e''I'~6hri6idgy'~ 2()t~:AriI1ivef~ ..,. ,', .'.'., .,'. "
Btd Hosted by Resistance Technology, Inc.
6 HE
I REST and
The Suburban Chamber of Commerce
I Wednesday, October 29, 1997
I 8:00 am to 9:30 am
Ie 1260 Red Fox Road
Arden Hills, MN
I Phone. 636-9770
I
I Resistance Technology, Inc., a manufacture of electro-
mechanical components for the hearing health market has
recently celebrated its' 20th Anniversary. A tour of the
I manufacturing facility will be provided, showcasing its'
"State of The Art" equipment including robotics!
I We look fonvard to visiting with you!
I
I Directions:
From 694 and Lexington Ave., head South on Lexington Ave.
.- to Red Fox Rd., turn right on Red Fox Rd. and continue down
y. mile. Next to Water Tower, turn left into driveway.
Resistance Technology Inc.
I 1260 Red Fox Road. Arden Hills, MN 55112
(612) 636-9770 . FAX: (612) 636.6944
Mailing Address: P.O. Box 9349, Minneapolis, MN 55440
Idobe Systems Incorporated k I ~ll pttp:llww,/;com
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The integrated SGML authoring and The on-line viewing tool for exploring
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Cross-document, full-text search software The world's leading illustration tool ..
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DEC is a trademark of Digital Equipment Corpotation. HI' is a registered trademark of Hewlett-Packard. IBM
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registered trademarks of Apple Computer, Inc. Microsoft and Windows are registered trademarks and Windows
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Microsystems, Inc. Solaris is a registered trademark of Sun Microsystems, Inc., which has not tested or
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I Copyright@ 1997 Adobe Systems Incorporated.
All rights reserved.
Legal notices and trademark attributions.
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Phone: 408-536-4200
I E-mail: jliebich@adobe.com
Fax: 408-537-4030
---- --,..
Ie IHomel
I Send Adobe your feedback'
Copyright @ 1997 Adobe Systems Incorporated.
All rights reserved.
I Lellal notices and trademark attributions,
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IOf2 9/17/972:05 PM
------------
I
I CITY OF ARDEN HILLS
f' MEMORANDUM
DATE: October 22, 1997
I TO: Brian Fritsinger, City Administrator
I FROM: Torr"" P'''. City A"",,,,, I!!?..
SUBJECT: October, 1997 Finance Departmen eport
I Department Activities
. Third Quarter (711/97 - 9/30/97) utility bills were issued October 17, 1997. During this
I hilling period 105,695,530 gallons of water were purchased from the City ofRoseville at
a cost of $137,984.78 ($1.31 per thousand gallons), and 101,300,000 gallons were billed
I out, resulting in a shrinkage factor of 4.1 %. This loss factor is within an expected range.
. Department staff spent considerable time during September and October communicating
I with delinquent utility customers. This work has resulted in the support for the annual
certification resolution presented to Council in October.
Ie . Work proceeds on integrating new commercial radio read water meters into the utility
billing system. Senior Accounting Clerk, Jane Lund, has taken the responsibility of
administratively tracking the new meter installations.
I November Priority Projects
. Prepare for the Truth-In-Taxation public hearing, including preparing preliminary 1998
I Budget booklets for Council and staff.
. Formalize the proposed 1998 EDA Budget.
I
Assist the City's financial advisor in conjunction with the anticipated November bond
.
I issuance for the Gateway Business District public improvements.
Finance Committee Update
I . The Committee met on October 16, 1997, and spent the majority of the meeting
discussing Assessment Policy issues.
I
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. CITY OF ARDEN HILLS
.- MEMORANDUM
DATE: October 22, 1997
I TO: Brian Fritsinger, City Administrator
I
I FROM: Cindy S. Walsh, Parks and Recreation Director 6v
SUB.JECT: October Department Report
. Ramsev Countv Trail in back of Ogren Town homes
. ] have contacted Larry Holmberg about clearing the trail in back of the Town homes of Lake
Valentine. Council member Aplikowski and others have informed me that the trail has been
relocated to the proper location; however, it has not been cleared of tree stumps etc. Mr.
I Holmberg assured me that Ramsey County staff would be doing some further clearing of the trail
easement before winter.
. Tonv Schmidt Park Redevelopment Task Force
The first Task Force meeting will be held on Monday, October 27 at 7:00 p.m. at the Army
Reserve Center. I will be attending this meeting, so I will not be at the City Council meeting.
Ie Vandalism at the Parks
We continue to have kids who hang out at Valentine Park and destroy the benches and picnic
I tables and spread garbage throughout the park. We have also had a couple of other shelter
buildings spray painted recently. I am hoping that the efforts to work with the Mounds View
I High School kids to stop the vandalism along County Road F will help to alleviate some of the
problems at the parks as well.
I Round Lake Trail
The park dedication requirement with Welsh for Phases II, III, and IV includes the possibility of
trail construction within the trail easement along this development and along the Phase 1
I property. The trail construction along the Phase 1 site will have to occur within the U.S. Fish and
Wildlife property. I have been working with representatives from this organization throughout
the process. It is necessary to have this parcel surveyed before they will agree to let the City
I build the trail. I had been working with MSA on this project and will now be working with
BRW. The U.S. Fish and Wildlife wants to inspect and approve the project as soon as possible.
I Super Rink in Blaine
I have attended several programming meetings to determine the allocation of ice time to the
I interested parties. The hockey associations are not happy with the ice time that has been
scheduled to them by the MASC. The MASC has given the hockey associations ice time on two
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rinks on Sundays. The hockey associations arc also obligated for ice time at the Ramsey County I
system on Sundays. The associations can not use all of the time that day and are hoping to
change some of the prime time ice to another day of the week. We are working with Ramsey _I
County and the MASC to resolve the conflicts in ice time. I will be attending another meeting
on Monday morning. The Cities would like to schedule some ice time for various special events.
Facilities Assessment I
The study was presented to the City Mayors and Managers on October 21. There were a number
of deficiencies in fields and gym space identified by the study. The group decided to I
have a drawing and cost estimates done to serve as a discussion item and starting point for
identifying funding. At the present time, this type offacility would have to be built on the
TCAAP property or the Shoreview University of Minnesota land. The group will meet again in I
January to discuss the proposed plan. I will be working with the other cities, youth associations,
and a landscape architect to develop the plan.
" I
Cummings Park Wash out Repair
GleIm Rehbein Construction is in the final stages of finishing the repair at Cummings Park.
They should have the project completed by the end of the week. I anticipate having the pay I
estimate on the November 10 City Council meeting.
Parks and Rccreation Commission I
The commission will meet on October 28 to discuss their ideas for the redevelopment of Tony
Schmidt Park. They will also be involved with staff in hosting a meeting for the residents around eI
Freeway and Lindeys Park areas. The meeting will give residents an opportunity to discuss the
play structure location and other potential upgrades to the park areas. I will also solicit ideas for
naming the park area currently referred to as Lindeys. I
Recreation Programs
The Halloween Pumpkin Hunt will be held on Friday, October 24 at Valentine Hills Elementary I
School. There are 60 participants signed up. Each participant is required to have a parent
present to help them find a pumpkin and carve it. The participants will also playa variety of
games during the event. We also offered a Family Halloween Hayride during the month of I
October and had 25 participants sign up.
After school programs consisting of crafts, keyboard lessons, and sports classes are under way. I
Staff is working on the Turkey shoot, which is a special event that we offer on November 20. In
this event, teams of parents and children compete in a series of games. I
Park Maintenance
The maintenance staff have been cleaning up and recycling steel, wood and concrete that have I
been stored outside the maintenance facility. It has accumulated from old play structures and
other debris clean up. They have also been maintaining soccer fields for our fall youth soccer
program. The season is coming to a close and the maintenance staff will be taking down nets, I
goals, and temporary fencing.
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I The vegetable gardens and flower gardens are being cleaned out in preparation for winter. Plants
will be pulled and the gardens cleaned out so that they are ready to be tilled next spring.
.- Maintenance staff are also blowing leaves off of trails and court areas.
A town home resident had complained about the dead trees between the maintenance building
. and the townhouse complex. There was only one large poplar tree that was partially dead. We
did cut down the tree. I am not sure what other trees the resident saw.
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I CITY OF ARDEN HILLS
I- MEMORANDUM
DATE: October 21, 1997
I TO: Brian Fritsinger, City Administrator
9).
FROM: Dwayne Stafford, Public Works Superintendent
I
SUBJECT: Month]y Department Head Report
I Public Safety Commission
The City of Arden Hills Public Safety Commission met on October 16,1997. Deputy Gary
I Wilzbacher of the Ramsey County Sheriffs Department Crime Prevention Unit gave a
presentation on several new programs his department is implementing.
I Regarding a request last spring for ordinances governing watercraft on Lake Josephine, the
Commission was provided copies of the new water ordinances for Lake Owasso and the Joint
I Powers Agreement between Shoreview and Roseville pertaining to those ordinances. The
Commission discussed the ordinances, but took no action at this time.
Ie Chairman Delger asked that the Commission consider trail crosswalks be painted and signs be
installed at street and trail crossings. This idea was discussed and no action was taken.
I Public Works Employees asked the Commission to consider and recommend to Council
installation of a stop sign on Northwoods Drive at Red Fox Road. This issue was discussed and
the Public Safety Commission recommended the Public Works Superintendent ask Council's
I approval for this sign.
Public Works
I Two (2) Public Works Employees worked at the Fall Clean-Up Day on Saturday, October 4.
Twice a year two (2) Public Works Employees work at this function.
I Approximately 50 CIl water meters have now been replaced or upgraded to the new radio read
system. Very few problems with the installations have occurred. Scheduling is the main issue as
I Public Works tries to do the installations during regular working hours.
The entire watermain system was flushed again during the first two (2) weeks of October with no
I complaints.
The maintenance on the south water tower has been completed and that tower is back in
I operation. During maintenance the tower was drained for nearly two weeks. After the work was
complete the tower had to be filled, disinfected, flushed, refilled, and the water tested for bacteria
.. before placing back in service.
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Public Works Employees repaired three (3) water main breaks during October. One (1) in the I
Pemtom Townhouse area south of City Hall and two (2) on Old Highway] 0 just north of County
Road E2.
The City snowplows and sanders were removed from storage this week and brought to the Public -I
Works Garage for installation. All plow equipment is stored under the south water tower during
the summer. I
Two hundred tons of deicing sand and 50 tons of salt were delivered this week to Public Works.
This is thcn mixcd in the Public Works yard at a ratio of four (4) sand to one (1) salt. MN Dot I
and some counties mix up to a one (1) to one (1) ratio and some even use straight salt. The City
typically uses about 600 tons of sand and 150 tons of salt each winter.
All Public Works Employees attended a snow plowing seminar this month at Anoka County Fair I
Grounds. People from all over the United States gave presentations on snow and ice control and
new products and equipment were on display. I
The temporary chlorinator installed at Bethel College still seems to be holding down the odor on I
Hamlinc A venue. Staff will have to meet with Bethel Officials to convince them to have a
permanent one installed and maintained at their cost.
The Public Works Superintendent has been working on Gateway issues with Staff, MSA, HKS, I
and BR W. It appears clearing for the street and utilities may start this week.
All Staff members are attending supervision and management training sessions at Century ..
College in Maplewood. The first of the six sessions was very informative. The remaining
sessions will be held about once a month. I
The Public Works Superintendent has given the new City Engineer, Greg Brown and the new
Construction Inspector, John Knauff, a tour of the City and presented them with a list of the I
superintendent's expectations relating to construction projects in the City.
NSP has returned to their project on Fernwood Avenue and corrected restoration problems as I
requested by the Superintendent. Hardrives has started correcting their problems on Cleveland
Avenue and County Road E2, but have not finished as of yet.
Walters Garbage and Recycling has contacted the Public Works Superintendent and assured the I
City that Walters has a new policy to deal with oil spills. The Public Works Superintendent has I
been in contact with them since July when one of their trucks blew a hydraulic hose, but
continued on their route spilling oil at each stop. This tends to soften the pavement.
City Staff members have noticed four (4) or five (5) contractors dumping dirt, boulders, etc. on I
City streets. In each case, this material was for residents landscaping projects. Mr. Scherbel
discussed the matter with the people involved and issued citations in some instances. I
The transition from MSA to BRW is not going smooth; therefore, creating more work for all ..
Staff.
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FILE
. AGENDA
" ARDEN HILLS
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MEETING
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, OCTOBER 27,1997,7:25 P.M.
7:25 P.M. 1. Call to OrderlRolI Call
'"
7:25 P.M. 2. Approval of Meeting Agenda
7:26 P.M. 3. Approval of Minutes
, a. October 14, 1997 Special Meeting
7:27 P.M. 4. Miscellaneous Comments
7:29 P.M. 5. Adjourn
The above times may vary depending upon length of issue discussion.
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CITY OF ARDEN HILLS
. MEMORANDUM
DATE: October 24, 1997
TO: Economic Development Authority (EDA) Board of Commissioners
FROM: Brian Fritsinger, secretaryrrreasure~
SUBJECT: Secretary/Treasurer Comments for the October 27, 1997 Regu]ar
EDA Meeting
1. Avproval of Minutes
The Authority is asked to approve the Minutes of the October 14, 1997 Special Meeting
of the Economic Development Authority (EDA).
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MINUTES
CITY OF ARDEN HILLS, MINNESOTA
ECONOMIC DEVELOPMENT AUTHORITY MEETING DRAFT
. OCTOBER 14, 1997
7:25 P.M. - ARMY RESERVE CENTER
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, President Dennis Probst called to order the
Economic Development Authority (EDA) meeting at 7:40 p.m.
Present: President Dennis Probst, Commissioners Beverly Aplikowski, Dale
Hicks, Susan Keirn, and Paul Malone.
Also present were: Executive Director, Kevin Ringwald; Secretary/Treasurer, Brian
Fritsinger; Development Attorney, Jerry Filla; Controller, Terry Post; Public Works
Superintendent, Dwayne Stafford; Parks & Recreation Director, Cindy Walsh;
Administrative Secretary Sheila Stowell; and Recording Secretary, Carla Wirth.
APPRO V AL OF MEETING AGENDA
Mr. Brian Fritsinger, Secretary/Treasurer, distributed a revised agenda to address discussion on
the Tax Increment Financing request for Welsh Development Company, LLC and suggested it be
. addressed at approximately 8:00 p.m. following Council recess. He explained that this had been
on the Council agenda, however, the EDA is the appropriate body to address this issue.
MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the
October 14, 1997, Economic Development Authority meeting as revised. The
motion carried unanimously (5-0).
APPROVAL OF MINUTES
A. August 25, 1997 Regular Meeting
B. September 22, 1997 Special Meeting
MOTION: Keirn moved and Aplikowski seconded a motion to approve the August 25, 1997
Regular Meeting minutes and September 22, 1997 Special Meeting minutes as
presented. The motion carried unanimously (5-0).
MISCELLANEOUS ITEMS
None.
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DRAFT .. -
ARDEN HILLS EDA MEETING - OCTOBER 14 1997 2
RECESS & RECONVENE .
MOTION: Malone moved and Keirn seconded a motion to recess the Economic
Development Authority meeting at 7:43 p.m. The motion carried unanimously (5-
0).
President Probst reconvened the EDA meeting at 8:15 p.m.
UNFINISHED AND NEW BUSINESS
A. Tax Increment Financing (TIF) Requcst - Welsh Development Company, LLC
Mr. Fritsinger distributed a revised staff report on the request from Welsh Companies for
additional TIF assistance. The EDA spent several minutes reviewing this new information. Mr.
Fritsinger suggested that Mr. Zehring review his request to the City and then he (Fritsinger) can
address the issues identified in the staff report.
Mr. Dick Zehring, Welsh Deve]opment Company, explained that over the past three weeks,
they have had access to significant additional geotechnical findings that have been the result of
additional soil borings done on the site. He explained that there were certain reasonable
assumptions made about the location of sand on this site and they had reasonably assumed that
the sand vein would continue to run through the balance of the phases but, in fact, it terminates .
upon entry onto the development site. Mr. Zehring eXplained that the additional data identified
significant perched water which will need to be eliminated and significant amounts of clay
deposits. He advised that they cannot place buildings of this magnitude onto clay, particularly
wet clay. He stated that from a numerical computer modeling aspect they have been able to
reduce soil export that was formerly needed based on topography. However, soil export is still
necessary due to the condition of the soils on Phase III. They will need to disk the soil in that
area to dry the clay material and create a more granular condition. A significant amount of clay
needs to be relocated to non-weight bearing areas or exported off the site.
Mr. Zehring reported they have determined there will be about $270,000 to $300,000 in
unforseen corrective actions needed on the site. He noted this is no one's fault, but was a
concealed condition that was not identified by the City's 1989 soil borings. He stated they have
invested a significant amOlmt in engineering plans and property purchases and have made good
faith efforts to comply with issues raised by the City. He noted that while they have acquired
31.76 acres ofland, due to the processes being required they will end up with 24.42 acres of
buildable land after easements, conservation district, retention area, and preservation of wetlands.
Mr. Zehring stated if they assume responsibility for all of the costs, including the new costs, they
will have $2.76 per square foot invested in the buildable land which creates a serious problem for
them. He stated this amount is high for anybody but the physical reality of this property is that
this amount which will not change from developer to developer.
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ARDEN HILLS EDA MEETING - OCTOBER 14.1997 ,
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. Mr. Zehring stated the "bottom line" is that the deal for the Apache Group on the Phase IV
project (which is close to a build-to-suit) was a break even project for them. He advised that if
they have to absorb the soil corrcctions, the Phase III project would also be a break-even project.
Mr. Zehring reported that with Phase II they have talked to AmberJack about a sale price of the
7.99 acres and the price quote was at $2 per square foot prior to knowing about the soil
corrections. He explained there are no fixed targets in the Phase III portion and, in looking at
the Phase III proforma and Phase II, the rate of return as a result of the extraordinary amount
needed to get it ready for construction drives the return on Phase III well below market levels.
Mr. Zehring explained that commercial real estate does not work at a 9% or 9.5% rate of return
because other available lower-risk investments produce higher rates of return so the project
would not be considered feasible due to those increased costs relating to soil corrections.
Mr. Zehring reviewed documentation he has made available to the Authority and staff and the
finding that the numbers presented are accurate. He stated in their discussion with the City, they
talked about how to solve this problem and he proposed that, since it was an unforseen condition,
they would entertain increasing valuation assessments to provide an assurance of debt service
coverage on the outstanding bonds, if necessary. He reviewed why a pay-as-you-go option does
not work for them since they need the capital costs covered up front. Mr. Zehring stated they
have been working on exterior design treatments that are mutually agreeable, attractive, and lent
themselves to the further development of the southwest quadrant of the site for higher uses. One
. option raised is to solve the problem of the soil conditions and also engage in significant upgrade
of the exterior of the project so as to better fulfill the original concept of the Gateway Business
District. He explained that over the last 24 hours, they have developed additional drawings that
represent significant upgrades (20,000 square feet of brick for the three phases) which he
believes creates the most attractive office/warehouse project he has ever seen. Mr. Zehring stated
these upgrades will transition from Phase I into a higher use on the neighboring parcels.
Lynn Sloat, Welsh Development Company, presented a colored artist rendition of what had
originally been proposed on the front and west elevations and their new proposal of continuous
brick along the sill and to connect the windows along the front elevation. He stated this creates a
nicer focal point at each entrance point. Mr. Sloat eXplained other design features as well as the
continuation of this brick treatment to the west and east sides of the building. He asserted that
this upgraded proposal will present a nicer view from Round Lake and explained that Phase IV
will be similar to this proposal.
Commissioner Hicks asked about the area above the doorways. Mr. Sloat stated it will be
precast, painted, with reveals to create shadow lines, accentuate the brick areas, and focus on the
entryways.
Mr. Zehring stated they experimented with filling in that area with brick but found it did not
present as well. He stated this allows them to create buildings in the GBD that conform to the
original concept of the quality of structures that would be located within the District.
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DRAFT .
ARDEN HILLS EDA MEETING - OCTOBER 14. 1997 4
Mr. Fritsinger stated a lot of these items were worked on late into last week and up to the .
meeting tonight. He explained the heart of the issue with Staff up to this time was to use TIF to
pay for public improvements to get the project going and, secondly, the GBD was set up within
specific framework as to design of the buildings and expectations. Up to this point, the City
Council and staff did not consider using TIF for other purposes. However, as staff talked to Mr.
Zehring about the request they felt it was appropriate to consider it from the viev.point of what
the City wants to see in the GBD and what would help carry this to the vision of the Gateway
standards. He noted that the additional funding being requested is trying to address that issue
from that standpoint.
Mr. Fritsinger stated the developer has provided copies of their proforma budgets for the project.
The documents themselves do not provide a lot of information as to what is taking place on lease
arrangements which have not yet been determined with Building III. He advised the developer
did provide copies to the City Attorneys of the agreements with Apache and agreements being
working on with AmberJack which confirms the nwnbers Mr. Zehring has been presenting.
Mr. Fritsinger stated the biggest issue, should the EDA decide to pursue this project, is in the
area of a tax exempt nature of the bond. He advised that bond counsel indicated the City is
limited to 10% of the bond proceeds for "private development activities" in order to maintain the
City's bond issuance tax exempt status. Up to this point, the City asswned the portion of the
bond proceeds used would be related to acquisition with some property left to be sold on the
open market. That piece of property would qualify for that 10%. Mr. Fritsinger explained that
the proceeds the developer is requesting are the same private development funds. He stated Staff .
worked on revisions to the assessment agreements which secure the level of TIF that will be
generated and that approach makes sense since the City wants to guarantee the generation of TIF
but it does not address the 10% issue.
Mr. Fritsinger asked how the City wishes to reimburse the developer. The first option, from
staffs perspective, would be a pay-as-you-go project which Mr. Zehring had stated this evening
that Welsh Companies does not want. The second option is to look at a reduction in the sale
price of the Kern Milling parcel. He explained that the City's bond counsel has indicated a
reduction in the sale price does not go against the 10% statute if the City does not reimburse
itself through the bond proceeds for the change in sale price.
Mr. Fritsinger stated the third option is to look at an internal finance option and the fourth option
is to use the bond proceeds to make a change in the assessment agreements. He advised that
Staff spent no time in analyzing the request as it stands at this point from TIF being generated on
the project. However, it looks like enough excess TIF would be generated but Staff needs to
rcview this in greater detail before finalizing any activity related to this.
Mr. Ringwald stated the 10% relates to the initial acquisition estimate, not what is paid for the
property or it is sold for.
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, DRAFT
ARDEN HILLS EDA MEETING - OCTOBER 14 1997 5
. Mr. Post stated another option may be a combination ofreduction in sale price of the Kern
Milling property in addition to internally financing the balance for soil corrections.
President Probst stated while he is attempting to keep an open mind, he is distressed that after a
significant discussion two weeks ago and a presumption of an agreed upon arrangement, the
developer comes back to the table two weeks later for significant modifications to the agreement.
He stated it is discomforting that negotiations came to that point two weeks ago and the
developer did not know this was an issue.
Mr. Zehring suggested a review of the chronological sequence of events and asked Jim Todd to
address the process of analysis of the borings, revelation that occurred, and when it occurred.
Mr. Zehring assured the EDA that if he had a full awareness and understanding of the soil
correction issue, he would not have let it slip by. He stated that he did not want this to happen.
Jim Todd, Welsh Development Company Project Manager, explained that during the City's
initial purchase of the Kern Milling site, the City did an environmental study and conducted 13
borings to identify heavy metals pollution. However, the information they want to obtain to
design footings and foundation for a structure is different than can be obtained from the City's
soil boring data. He reviewed the types of data they need and stated these are totally different
issues than addressed during the environmental assessment soil borings. Mr. Todd stated they
undertook their soil studies in August and found the site is significantly affected by the amount
. of perched water, softness of clays, and density of each layer. With regard to the timing of the
analysis, he explained had they suspected differently it would have not happened. Mr. Todd
advised that the soils on the Phase I site had significant sand which they could use but, with this
site, the sand is not plentiful and what is there will take a lot of work to extract and drain. He
advised that this information was just recently obtained.
President Probst pointed out that the dates for the soil borings predates the discussion of two
weeks ago and he believes there should be a certain level of due diligence that takes place.
Mr. Todd stated Braun Consulting and Belair Construction looked at the soil boring data and
computer modeling of the soils. He stated they obtained the information as soon as was possible
and informed Mr. Zehring immediately.
President Probst pointed out that the Belair Construction submission contains no unit costs for
any of the line items and he does not know how confident the applicant is that the quantities
suggested are driving the $250,000 cost. He noted that if the quantities prove to be lower an
advantage would be gained in disposal ofthe materials. Mr. Todd stated they looked at this with
Belair Construction to detern1ine what they can do with the soils they can't use and were able to
significantly reduce the amount of soil that had to be exported from the site.
President Probst asked where the soil will be hauled. Mr. Todd stated they will still have a
significant export and it will be their responsibility to find a site for it. He explained they usually
. look for a haul site within a l2-mile radius.
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ARDEN HILLS EDA MEETING - OCTOBER 14.1997 ~_~i p~r 6
President Probst commented on the possibility of identifying a disposal location fairly close to .
the site and asked if the City is able to do this, how would they recover that increment of
$250,000. He stated that rather than being a windfall for the developer, he believes the City
should be able to recover those costs.
Mr. Zehring stated they do not want a windfall from that work and agreed it would be best to
locate the disposition site within several days and go back to the contractor to recalculate.
President Probst explained that the Public Works Superintendent and Parks & Recreation
Director have indicated the possible need for fill at a City park that has a propensity for flooding
He stated it may be worth it to investigate filling that park area to an elevation where it would no
longer flood. Mr. Zehring stated this option would be marvelous.
Mr. Fritsinger explained that if the EDA wants to proceed with assistance it could be for a not-to-
exceed amount with conditions placed to address those issues if there are cost savings.
President Probst stated the presentation indicated the addition of about 20,000 square feet of
brick. Mr. Zehring explained the cost is $8.50 to $10 per square foot to purchase and install the
brick but, if it can be done for less, they will either reduce the amount of the request or increase
the amount of the brick.
Commissioner Malone stated he does not see $250,000 dollars being involved. Mr. Zehring .
explained the estimate for soil corrections is $272,000 and the additional sum is intended to be
exactly what is spent on the building upgrades.
Mark Ruff, Ehlers and Associates, Inc., stated the numbers they have been working with for
TlF and the bond estimates would allow for $45,000 of additional arumal tax increment above
the debt service. At a 6.5% interest rate over five years, increment could pay $500,000 of
internal financing. He cautioned that if the City is talking about increased TIF from the
assessment agreement, the evaluations would need to be signed off by the Ramsey County
Assessor.
Commissioner Malone asked if the evaluation is based on $30 per square foot. Mr. Ruff stated
$30 per square foot is reasonable for this type of building and the assessor has to believe it is a
fair market value at the time it is constructed.
Mr. Zehring advised tl1e building will cost $45 per square foot to construct.
Mr. Fritsinger eXplained that the development agreement dealt with excess TIF and made it
available to pay back excess assessments. At the time the agreement was reached, it was that a
certain percentage would be held by the City for other public improvement activities and
revisited at some point in the future. The issue here would require amending the development
agreement.
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DRAFT
ARDEN HILLS EDA MEETING - OCTOBER 14. 1997 7
. Commissioner Malone stated while the brick is interesting, it requires more TIF. He would
support additional TIF only for soil corrections and not for additional brick.
Mr. Todd reviewed the soil borings where they experienced perched water and clay.
President Probst commented on the need for additional cost estimates with regard to soil
excavation and transportation. He stated he is intrigued at the option of upgrading the building.
However, if a larger investment is required then he wants to be in a stronger position for what
will happen on the corner.
Commissioner Hicks inquired regarding the pereentage relating to transportation of soil exported
off the site. He stated he assumes there is a cost to purchase and bring in additional sand as well.
He asked how much the dollar figure can be reduced if the soil can be exported to a close
location on City property. Mr. Todd reviewed the types of work that are included in that dollar
figure.
Commissioner Hicks stated that President Probst has raised a good point about the benefit of an
upgrade with regard to the visual appearance and indicated he remains open for further
discussion on that issue.
President Probst stated he is thinking about a range of$IOO,OOO to $150,000 rather than the
. higher end.
Commissioner Aplikowski expressed concern about using all of the TIF and suggested the Belair
Construction proposal may be a bit inflated. She stated she is not ready to commit to the full TIF
amount they are requesting but believes the soil correction portion should be considered.
President Probst stated the basic issue is whether the EDA will consider all or part of this
request.
Commissioner Keirn stated she could agree to participating in moving the soil but is not sure
about the brick upgrade. She explained that without the other three estimates she is not
comfortable in knowing how to word the agreement to protect the City.
President Probst suggested considering a "cap" and structuring the wording so staff can review
the final numbers so if they are less, the amount of TIF assistance will be reduced.
Mr. Ruff asked why a pay-as-you-go will not work for the applicant. Mr. Zehring explained that
access to the initial capital does not exist to pay for the incremental increases in cost.
Mr. Ruff asked ifthere is a limitation of capital within the partnership. Mr. Zehring stated they
are pretty well maxed out in the way this has been structured and had done the Apache project so
they could put that cash in the system.
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ARDEN HILLS EDA MEETING - OCTOBER 14.1997 f..J d \.. .., ' !I. 8
Mr. Ruff commented on the need to make sure the partnership has adequate capital. He .
suggested the City may want to consider a split between the up front dollars and a pay-as-you-go
to provide incentive for the developer to reduce the costs.
Commissioner Malone asked if a split is considered, could the City be reimbursed on that half.
Mr. Ruff clarified that the City can reimburse themselves from excess TIF proceeds but can not
reimburse themselves from tax exempt bond proceeds, which would be over time.
On a poll of the EDA, consensus was reached to consider some assistance.
Mr. Fritsinger stated if the EDA wishes to proceed with issuance of the bond, it will be back on
the agenda of October 27th. He advised that staff will refine these issues and present them at that
time. He requested some clarification on whether the TIF increase is being considered for only
soil correction or the brick upgrades as well.
Commissioner Malone inquired how an incentive could be built in to provide incentive to keep
costs down.
Mr. Zehring stated this would be fine with him because they will be doing all they can to keep
costs down. He stated that the ability to export soils to a close location would be fantastic.
Commissioner Hicks asked if they are considering the enhanced exterior treatment to make the
City feel better about the appearance. Mr. Zehring explained it will enhance marketing the .
building but the proposed upgrades were directed towards the GBD image as well as for
themselves.
President Probst stated if the upgrades create a favorable image it will also increase a project on
the corner. He commented this may be conjecture at this point but he believes it has the potential
to make the difference.
President Probst asked if there is any interest in pursuing the brick issue.
Conunissioner Aplikowski stated she has three issues but the main issue for her is soil
corrections. She explained she does not want to give all of the money (TIF) away just to get the
additional brick and asked if there is some assurance that should the City need TIF there will be
some left over.
Mr. Ruff explained that this is not the total amount of TIF but including the brick upgrade would
take over one-half of the anticipated allowance for other costs, based on conservative
evaluations.
Commissioner Malone asked if the cost for the brick upgrade is equal to the amount to be spent
on soil corrections. Mr. Zehring explained that the cost for tl1e brick is closer to $200,000.
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ARDEN HILLS EDA MEETING - OCTOBER 14. 1997 9
. President Probst stated he would like to link the level of assistance to the actual costs with a not-
to-exceed amount.
MOTION: Malone moved and Hicks seconded a motion to authorize Staff and its attorneys
to amend the Development Agreement to include additional TIF for soil
corrections in an amount not to exceed $200,000 and additional exterior brick
amenities not to exceed $200,000 subject to submittal and review of appropriate
documentation detailing the actual cost of this item and reimbursement being
based on the City paying the cost of the building enhancement out of its own
funds and reimbursing itselffrom TIF and any formula tying the soil corrections
cost should be constructed in such a manner that it positively correlates to an
increase in the assessment rate in the Development Agreement.
Mr. Ruff asked if it is the City's intention to up-front all of the cost for soil corrections and brick
upgrades as long as it can be paid from the TIF proceeds. Commissioner Malone stated this was
not his intention.
Mr. Fritsinger suggested staff be provided with the ability to review each of the line items. Mr.
Ringwald reported that Staff is looking at areas of cost savings, such as open-cutting and other
ways to reduce costs.
. Commissioner Malone stated he would support a funding mechanism to reduce the price of the
Kern Milling site.
Mr. Filla asked if the City participation in soil corrections in an amount not to exceed $250,000
is related to the amount of the remaining Kern Milling site.
Commissioner Malone stated he would like to use those proceeds first and explained that the
intention is to limit the cash out amount.
Mr. Post stated the effect of the motion on the floor, if approved, will be to put the developer into
a pay-as-you-go mode as the project costs will reduce the case sales price of the Kern Milling
site.
The motion carried unanimously (5-0).
ADJOURNMENT
MOTION: Malone moved and Hicks seconded a motion to adjourn the Special Economic
Development Authority meeting at 9:45 p.m. The motion carried unanimously (5-
0).
Dennis Probst Brian Fritsinger
- President Secretary-Treasurer