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Home My WebLink AboutCCP 12-15-1997 I FILE I -- REVISED ArwF.NnA ARDEN HILLS CITY COUNCIL MEETING I ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH 1998 FINAL BUDGET & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING AND SPECIAL COUNCIL MEETING I MONDAY, DECEMBER 15, 1997, 7:30 P.M. 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. December 4, 1997 Truth-In- Taxation Hearing I 7:30 P.M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council I member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda Ie a. Claims and Payroll b. Adopt Official 1998 Meeting Calendar c. Designation of Official Newspaper for 1998 I 7:30 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 I addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow 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 allow a more timely presentation. I 7:35 P.M. 6. Unfinished and New Business a. Res. #97-60, Clarifying Final Sums of Money to be Levied for Levy Year 1997, I Payable in 1998 b. Res. #97-61, Accepting the 1998 Final Budget I c. Gatewav Business District I. Change Order NO.2 2. Lametti & Sons, Pay Estimate # I I 3. Sales and Purchase Agreement/Statement of Intent, NaegelelMorris Communication Corporation 4. Sales and Purchase Agreement, Welsh Development Company, LLC I 5. Planning Case #97-06, Welsh Companies, Final Plat Extension d. Res. #97-56A, Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act .- e. 1998 Pay Plan f. 1998 Liquor License Renewals g. Department Purchases I h. Codification Discussion ____r___~_ - -_~_ -.. ------,--.--,--,-.,- ~,. f ,~ . , . " . , . REVISED AGENDA - PAGE TWO -- ARDEN HILLS CITY COUNCIL MEETING ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH . 1998 FINAL BUDGET & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING AND SPECIAL COUNCIL MEETING MONDAY, DECEMBER 15, 1997,7:30 P.M. . 8:35 P.M. 7. Administrator Comments . 8:45 P.M. 8. Council Comments . 9:00 P.M. 9. Adjourn The above times may vary depending upon length of issue discussion. . . J . . . . . . . .. I I . , FILE I CITY OF ARDEN HILLS .- MEMORANDUM I DATE: December 15, 1997 TO: Mayor and City Council I FROM: Terrance R. Post, City Accountant @ I SUBJECT: Resolution #97-61, Adoption of 1998 Budget I Background On September 8, 1997, Council adopted Resolution #97-44, which approved a preliminary 1998 budget I for use in the preparation of Truth in Taxation statements. These statements were mailed to property owners in mid.November by Ramsey County, and were the basis upon which the City's December 4, 1997 Truth in Taxation public hearing was held. Since September 8, 1997, a number of events and better I information has allowed staff to refine the preliminary 1998 budget numbers into the attached 1998 proposed budget. Overview of Cbanl'es from Preliminary to Proposed Ie 1. The 1998 Pavement Management Program (PMP) General Fund costs of $196,200 (preliminary figures were $192,000) are now consistent with the scope discussed at the December 8, 1997 I Council meeting. 2. Planning Consultant fees have increased $8,000 to reflect possible scope change orders on the I Comprehensive Plan update project. The $8,000 grant from the Met Council to fund this activity is also reflected as a 1998 General Fund revenue source. . 3. A new Debt Service Fund has been created to reflect a planned $3,050,000 bond issuance for Gateway public improvements. Earlier, it was assumed that this issuance would occur in 1997. I Supporting Budget Schedules Four attached schedules are included with this memorandum to further document the 1998 proposed budget. They include: I Attachment A - All Funds Expenditures Attachment B - General Fund Expenditures, Revenues & Levy I Attachment C - Estimated Ending Investment Balance by Fund Attachment D . Proposed Capital Budget Summary . Recommendation Staff recommends that Council consider adopting Resolution #97-61, adopting the 1998 Budget. I- Enclosures I I I 1\~~GJi f\ Ie I I m1;u~!m," m~m, ~I~~! ! $~' ~ I anuoo~ u 0 ~ o~ I ~08ii I 1If...... 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CITY OF ARDEN fiLLS RAMSEY COUNTY I- STATE OF MINNESOTA RESOLUTION NO. 97-61 RESOLUTION ADOPTING THE 1998 BUDGET I WHEREAS, The City Administrator has prepared an annual budget and the City Council has met several times for the purpose of discussing the 1998 budget; and I WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City hold a public hearing to adopt a budget; and I WHEREAS, The City Council held a Truth in Taxation public hearing on December 4, 1997 to discuss the 1998 budget and has concluded the budget as prepared is appropriate . as adjusted for the scope of the 1998 Street Improvements. I NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the attached 1998 budget be adopted and approved: I Revenue and Exnenditures and General Fund Transfers in Transfers out Taxes $1,836,035 General Gov't $ 549,600 .. Licenses & Permits 196,850 Public Safety 960,675 Intergovernmental 325,490 Street Maintenance 534,955 Charges for Service 30,100 Parks Maintenance 312,450 I Fines & Forfeits 26,000 Other Financing Uses 182,550 Miscellaneous 47,970 Other Financing Uses 49.000 I Total General Fund 2,540,445 2,540,230 Special Revenue Funds 346,190 (Comm. Svc. Program, 475,805 I Park, Cable, TCAAP Insurance Deductible) I Debt Service Funds 3,099,750 (Advance Refunding, 3,950,000 G.O.Tax Increment Bonds) I Capital Project Funds 1.921.750 (Non-Assess. Road Imprv., 1,938,900 Mun. Bldgs., PIR, Cap & . Fire Equip Sinking) Subtotal Governmental Funds $7,908,135 $8,904,935 I .- I I . . I Resolution No. 97-61 Page Two Decemher 15, 1997 I- I Enterprise Funds $ 2.260.860 (Water, Sewer, $ 2.246.145 Recycling, Surface Water Management - I excluding Capital Outlay) I TOTAL ALL FUNDS $10.168.995 $11.151.080 I I PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 15TH DAY OF DECEMBER,1997. I I. DENNIS PROBST, MAYOR I ATTEST: I I BRIAN FRITSINGER CITY ADMINISTRATOR I I I I I- I .- .. I CITY OF ARDEN HILLS FILE . MEMORANDUM I DATE: December 15, 1997 TO: Mayor and City Council I FROM: Kevin Ringwald, Community Development Directo~ I SUBJECT: Resolution #97-56A, Continued Participation in the Livable Communities Program I Reauest The Staffis requesting City Council approve Resolution #97-56A, which includes the housing I goals for the City as part of the resolution originally adopted by the City Council on November 10, 1997 (Exhibit A). I Background The resolution that previously adopted by the City did not include the housing goals for the City. The Metropolitan Council has requested that the City's resolution be amended to include the ~ negotiated goals for the City. The negotiated housing goals for the City of Arden Hills are as follows: Housing Component Goal Affordability - Ownership 65 percent I Affordability . Rental 35 percent I Life-Cycle - Type (non-single family detached) 27 to 36 percent Life-Cycle - OwnerlRenter mix 75 to 83/17 to 25 percent I Density - Single family detached 1.8 to 2.3 units/acre Density - Multifamily 9 to 12 units/acre - I Recommendation I The Staff recommends that the City Council adopt Resolution #97-56A, adding the City's housing goals to the previously approved resolution. I , III \ I. \ , \ \ -..... I" '- ~Hr"r A I~ I STATE OF MINNESOTA rI COUNTY OF RAMSEY CITY OF ARDEN HILLS I RESOLUTION #97-56A RESOLUTION ELECTING TO CONTINUE PARTICIPATION IN I THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT I CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes 473.25 to I 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area as defined by Minnesota Statutes 473.121; and I WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, and the Local I Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and Ie WHEREAS, a metropolitan area is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted site cleanup funding from the I Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and I WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that I municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and I WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and I WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the I Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated 1. affordable and life-cycle housing goals for each participating municipality; and -- ~ 11 -------- ---------- - -~--- __ __ __ ________u____ -z(" -- -'1 WHEREAS, those negotiated affordable and life-cycle housing goals are as follows: I Housing Component Goal Ii Affordability - Ownership 65 percent Affordability - Rental 35 percent I Life-Cycle - Type (non-single family detached) 27 to 36 percent I Life-Cycle - OwnerlRenter mix 75 to 83/17 to 25 percent Density - Single family detached 1.8 to 2.3 units/acre I Density - Multifamily 9 to 12 units/acre WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the I Local Incentive Account Program during the calendar year 1997, can continue to participate under Minnesota Statutes 473.254 if: (a) the municipality elects to participate in the Local I Housing Incentives Account Program by November 15,1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality; and I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City elects to continue to participate in the Local Housing Incentives ~ Program under the Metropolitan Livable Communities Act during the calendar year of 1998. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS I THIS 15TH DAY OF DECEMBER, 1997. I DENNIS PROBST, MAYOR I ATTEST: I I BRIAN FRITSINGER, CITY ADMINISTRATOR I ~ --~ II. Ir -------- I' .. I FILE it AGENDA ARDEN HILLS CITY COUNCIL MEETING ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH I 1998 FINAL BUDGET & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING AND SPECIAL COUNCIL MEETING I MONDAY, DECEMBER 15,1997,7:30 P.M. 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. December 4, 1997 Truth-In-Taxation Hearing I 7:30 P.M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar fonnat. There will be no separate discussion of these items, unless a Council I member so requests, in which event:, the item will be removed from the general order of business and considered separately in its nonnal sequence on the agenda. a. Claims and Payroll .. b. Adopt Official 1998 Meeting Calendar c. Designation of Official Newspaper for 1998 I 7:30 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 I addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow 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 allow a more timely presentation. I 7:35 P.M. 6. Unfinished and New Business a. Res. #97-60, Clarifying final Sums of Money to be Levied for Levy Year 1997, I Payable in 1998 b. Res. #97-61, Accepting the 1998 Final Budget c. Gateway Business District I 1. Change Order No.2 2. Lametti & Sons, Pay Estimate # I 3. Sales and Purchase Agreement/Statement ofIntent, NaegelelMorris I Communication Corporation 4. Sales and Purchase Agreement, Welsh Development Company, LLC 5. Planning Case #97-06, Welsh Companies, Final Plat Extension I d. 1998 Pay Plan e. 1998 Liquor License Renewals ~ f. Department Purchases g. Codification Discussion I - ---------- ... ""1 ., ~ tt ..,., . I ,-, '. . AGENDA - PAGE TWO -. ARDEN HILLS CITY COUNCIL MEETING ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH 1998 FINAL BUDGET & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING I AND SPECIAL COUNCIL MEETING MONDAY, DECEMBER 15, 1997, 7:30 P.M. I 8:35 P.M. 7. Administrator Comments I 8:45 P.M. 8. Council Comments 9:00 P.M. 9. Adjourn I The above times may vary depending upon length of issue discussion. I I ~ I I I I I I I -- I I' - I ,. December Meetings January Meetings December 3 Newsletter Committee 6:00 P.M. January 5 Organizational and 7:30 P.M. Regular Council I December 3 Planning Commission CANCEL Meeting December 4 Truth In Taxation 7:30 P.M. January 7 Planning Commission 7:30 P.M. . Hearing JANUARY 10 TOWN HALL MTG. 8:30 A.M. December 8 Business Relations 4:00 P.M. (Benson Great Hall @ TO Committee Bethel College) 12:00 P.M. I December 8 Council Meeting 7:30 P.M. January 12 Council Meeting CANCEL I December II Truth In Taxation CANCEL January 20' Council Worksession 4:45 P.M. Continuation Hearing (-Tuesday) December 15 Council Worksession 4:45 P.M. January 26 Council Meeting 7:30 P.M. I December 15 Budget Adoption 7:30 P.M. PENDING Business Development 8:00 A.M. Hearing Committee I December 17 Business Development 8:00 A.M. PENDING Business Relations 4:00 P.M. Committee Committee Ie Decem ber 18 Finance Committee 7:30 P.M. PENDING Public Safety 7:30 P.M. Commission December 18 Public Safety 7:30 P.M. I Commission PENDING Parks & Recreation 7:00 P.M. Commission December 29 Economic Development CANCEL I Authority PENDING Finance Committee 7:30 P.M. December 29 Council Meeting CANCEL January 26 Economic Development 7:00 P.M. I Authority PENDING Newsletter Committee 6:00 P.M. I I I I " I - I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Dec-12-97 03:03 PM I T...d Fax I [d""tification 8. Resnlt Pa~es Im Date Iiml; Dnration Dial1Jlostic 3701378 '-. \'J~'\~ OK 04/04 Sent Dec-12 02:5IP 00:01 :05 002522030022 I 6286833 OK 04/04 Sent Dec-12 02:53P 00:01:23 002421030022 6339550 / ~ - OK 04/04 Sent Dec-12 02:56P 00:01 :05 002522030022 6333846 OK 04/04 Sent Dec-12 02:58P 00:02:14 002120430020 I .., I I I Ie I I I I I I I I- I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Dec-12-97 05:36 PM I I.RAt Fax I Identification Bs!!lt ~~ DlII!l ~ Duration Diarnostic 4219511 OK 07 Sent Dec-12 OS:34P 00:02:04 002582030022 I ... I I I I Ie I I I I I I I I- I --------- I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Dec-12-97 05:41 PM I '~.t Fax I Identification Result ~~ l&!!l :Ii!m! Dumtion Diamostic 6461220 OK 04 Sent Dec-12 05:39P 00:01:12 002582030022 I .., I I I . I Ie I I I I I I I I- I I HP OfficeJet Fax Log Report for I Personal Printer/Fax/Copier City of Arden Hills 612633-7839 . Dec-12-97 05:45 PM I ' ....t Fax I Identification &.m!! ~ 1m< Date Iim!l Duration Diamostic 4810551 OK 03/03 Sent Dec-12 05:42P 00:01 :07 002521030022 I 4821262 OK 03/03 Sent Dec-12 05:44P 00:01:09 002521030022 .., I I I I Ie I I I I I I I I- I - I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: December 12, 1997 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrato@ I SUBJECT: Administrator Comments for the December 15, 1997 Special Council Meeting I 1. Approval of Meeting Minutes The Council is asked to approve the Minutes ofthe December 4,1997 Truth-In-Taxation Hearing. I 2. Consent Calendar I a. Claims and Pavroll The Council is asked to approve claims in the amount of$199,617.60, and payroll Ie for the period most recently ended. The Council should note payment to Valley Paving in the amount of $186,000 for the 1997 Street Improvement project. b. Adopt Official 1998 Meeting Calendar I The City Council is asked to adopt the official 1998 meeting calendar. I c. Designation of Official Newspaper for 1998 The City Council is asked to designate the Shoreview-Arden Hills Bulletin as the official newspaper for 1998. I 3. Unfinished and New Business I a. Res. #97-60. Clarifvinl!: Final Sums of Money to be Levied for Levy Year 1997. Payable in 1998 The City Council is asked to adopt Resolution #97-60, clarifying [mal sums of I money to be levied for Levy Year 1997, Payable in 1998. This action would be the last action necessary in order for the City to levy funds for 1998. This I resolution is consistent with the presentation at the Truth in Taxation hearing. b. Res. #97-61. Accellting the 1998 Final Budvet I The City Council is asked to adopt Resolution #97-61, accepting the 1998 Final Budget. There are some changes to this document, from those included in the Truth in Taxation Hearing. The delay in the bond issuance for the GBD has .- caused those costs to roll into the 1998 Budget rather than the 1997. I - Administrator Comments for the December 15, 1997 Special Council Meeting I Page Two -- December 12,1997 Gateway Business District c. 1. Change Order No. 2 I The City Council is asked to approve Change Order #2 in the amount of $193,726.50. The Change Order is a result ofadditional earthwork, I watermain and other additional improvements necessary to accomplish the design changes to the Fourteenth Street project. 2. Lametti & Sons. Pay Estimate #1 I The City Council is asked to approve Pay Estimate #1 in the amount of $90,171.43 to Lametti & Sons, for the Fourteenth Street Improvement I Project work completed to-date. 3. Sales and Purchase AgreementlStatement ofIntent. Morris I Communication COI:poration The City Council is asked to approve the Statement ofIntent and Purchase I Agreement with Morris Communication Corporation substantially in the form presented, subject to non-substantial changes being approved by the City's attorneys and City Administrator; and authorize the Mayor and City f/J Administrator to execute all necessary documentation. This action should resolve the remaining outstanding items with Morris, and put the City in a position to once again schedule a date for closing on the bond sale. I 4. Sales and Purchase A!!reement. Welsh Develol1ment Company. LLC The City Council is asked to approve the Purchase and Sales Agreement I for the sale of property to Welsh Development Company, LLC substantially in the form presented, subject to non-substantial changes being approved by the City's development attorney and City I Administrator; and authorize the Mayor and City Administrator to execute all necessary documentation. As with the Morris agreement, the execution I of this agreement is necessary to schedule for the closing of the bond sale. 5. Planning Case #97-06. Welsh Comnanies. Final Plat Extension I The City Council is asked to re-approve Planning Case #97-06 for an additional sixty (60) days. Due to the delays in components of this project, the final plat has not been filed. It is anticipated that the plat will I be filed within the next sixty days. d. 1998 Pav Plan I The City Council is asked to approve the 1998 Pay Plan. Staff continues to work on changes to our health and dental insurance coverage for 1998, and may have -. additional information available at the meeting. The 1998 Pay Plan includes an across the board, 3% increase in wages. I I' .. I Administrator Comments for the December 15, 1997 Special Council Meeting It Page Three December 12,1997 e. 1998 Liquor License Renewals 1 The City Council is asked to approve the 1998 Liquor and Wine License renewals for Arden Hills businesses. I f. Department Purchases The City Council is asked to authorize the expenditure of up to $8,292 to purchase digital aerial photography for the City, and commence Phase I, Part 2 of our GIS I program. This action is consistent with the issues outlined with the initial GIS purchase earlier this year. I g. Codification Discussion The City Council may wish to continue discussion on amendments to the Arden I Hills Municipal Code. I SF Isis .. I I I I I I I .. I - -..--.---- I'. DRAFT MINUTES I CITY OF ARDEN HILLS, MINNESOTA TRUTH-IN-TAXATION PUBLIC HEARING -1998 BUDGET ,e THURSDAY, DECEMBER 4,1997 7:30 P.M. . ARMY RESERVE CENTER I CALL TO ORDERlROLL CALL I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the Truth-In- Taxation Public Hearing at 7:30 p.m. , Present: Mayor Dennis Probst; Councilmembers Paul Malone, Beverly Aplikowski and Dale Hicks. I Absent: Councilmember Susan Keim. Also present were: City Administrator, Brian Fritsinger; Parks and Recreation Director, I Cindy Walsh; City Accountant, Terrance Post; Community Development Director, Kevin Ringwald; Public Works Superintendent, Duane Stafford; and Recording Secretary, Ruth McLaurin. I ADOPT AGENDA Ie MOTION: Councilmember Aplikowski moved and Councilmember Hicks seconded a motion to adopt the agenda for the December 4, 1997 Truth-In-Taxation Public Hearing - I 1998 Budget as presented. The motion carried unanimously (4-0). MAYOR - MEETING OVERVIEW AND PROCEDURES I Explanation ofthe Truth-In-Taxation process and timetable I Mayor Probst briefly described the process of the Truth-In- Taxation process and publications that are provided to the public by the State. He pointed out the agenda for the meeting would begin with some overall comments by himself, a summary of the proposed budget by the City , Accountant, and then an opportunity would be available for public comments. Mayor Probst noted the intent of the hearing was to clarify any questions residents might have I regarding the proposed 1998 Budget for the City of Arden Hills. He noted each homeowner should have received notices in November regarding the amount of property taxes that are I proposed for the year 1998. The hearing is the next to the last step for the budgeting process for 1998 which actually began in May with staff and discussions of the budgeting needs. In September, a preliminary budget was adopted. The Truth-In- Taxation hearing is being held I tonight and, at the December 15, 1997 meeting, the Council will adopt a final budget for 1998. Mayor Probst explained if anyone present had concerns regarding market valuations, that they .. are done by the County Assessor. The County has given directions for the process should anyone want to appeal their property's market valuation. I -------------------- DRAFT f._ '1 eJWf:N HILLS TRUTH-lli- T AXA TION - DJ;:GEMBJ;;E, 4, 1997 2 Mayor Probst explained that City Accountant Terrance Post would present an overview of the I -I proposed taxes, income, and expenditures for the 1998 Budget of the City of Arden Hills. Upon completion of the summary, the City Council would entertain questions or comments from the audience. Review 1997 Accomplishments I Mayor Probst noted a few of the accomplishments which have occurred over the past year: a I new staff position of Building Inspector was created, the first Town Hall meeting was held; a successful endeavor was held with the Parks and Recreation Department for a Day in the Park; I the process was begun to replace non-residential water meters; and attempts made to improve City Hall facilities by retaining an architect. SUMMARY PRESENT A nON BY TERRANCE POST. CITY ACCOUNT ANT I Mr. Post noted there will be a total of 15 slides in his presentation and each member of the I audience received a copy to follow during the presentation. Making Sense of Property Taxes I Mr. Post indicated who determines property taxes. It is a combined effort of the State Legislature, the Taxing Jurisdictions, and the County Assessor. Mr. Post noted the State Legislature establishes eI property classes and class rates, determines the level of State aid, and also creates mandates to local governments. The County Assessor determines property market value and assigns a property class. Finally, the Taxing Jurisdiction or the City determines the levy amount based on guidelines. I Mr. Post explained, with the use of a flow chart, the process by which a City property tax: is determined. He used an example ofa median priced home in Arden Hills which is $140,300, where I the City taxes would be $372.97 or $31.08 per month. Mr. Post noted a historical review of City market values from 1992 to 1998 for the City of Arden I Hills. He pointed out in the early 1990's, the market values on residential properties decreased but, in payable 1995, slowly started on the upswing and now has increased to approximately $30 million I dollars higher than in 1992. But the tax capacity hasn't changed. This has a lot to do with recent actions the State has taken in regard to class rates. Mr. Post noted the comparison of taxable market value changes for homes from 1996 through 1998 I in Ramsey County. He indicated for payable 1998,66% of the homes in Arden Hills will have an increase of between 5% and 10% of taxable market value. I Cost of City Services in Perspective Mr. Post reviewed what the resident's tax dollar buys in the City of Arden Hills. He noted for I every dollar the resident pays, 15 cents will fund the City of Arden Hills' operations. He also .. noted Ramsey County retains 39% (or 39 cents), S.LS.D. virtually 0%, School District #621 receives 41% (41 cents) and Miscellaneous is 5% (5 cents). I I' DRAFT AEDI;;N HILLS TRUTH-IN- T AXAlION - DECEMBfR 4, 1997 3 I I- Mr. Post went on to show a comparison of neighboring cities and the State Aid dollars they receive. The average for eight of the neighboring cities is $50 per capita total aid, where Arden Hills receives only $10 per capita aid. I Mr. Post stated, based on the median example for a $140,300 home, residents would receive City services for $31.08 per month. The services include police protection, administration of the City, street maintenance, park maintenance, fire protection, Capital Funds & Recreation transfer, and I protective inspections. He noted residents receive quality services for about the price ofmontWy cable television service. I Mr. Post noted another comparison of Arden Hills with seven metro area cities with populations from 5,000 to 10,000. He noted Arden Hills, compared to its peers, spends approximately 80% I of those in similar population ranges and receives only about 30% of State Aid compared to that of its peers. I Discussion of Proposed City Budget Mr. Post indicated how the proposed 1998 Budget impacts the City taxes. He pointed out the I impact of changes in property class rates, noting that residential taxes are increasing and commerciaVindustrial taxes are decreasing. Ie Mr. Post indicated the General Fund revenues are proposed at $2,521,620, of which 72% is property taxes of$I,825,71O, charges for service 1%, intergovernmental of 13%, miscellaneous of 5%, license and permits of 8%, and fines and forfeits of 1%. I Mr. Post indicated the proposed General Fund expentitures budget for 1998 is broken down into I General Operations of 21 %, Police Protection of23%, Fire Protection of 12%, Protective Inspections of3%, Street Maintenance of2l%, Parks and Recreation of 12%, and other Financing uses of 7%. Mr. Post noted the City is looking at a net increase of only 1.91 % in the I City levy for 1998. This is below the levy limit maximum set by the State Department of Revenue. I Mr. Post indicated there are no major changes in scope of services that were provided in previous years. Major proposed capital items include: I Construction of City Hall Facility ($1,450,000) Pavement Management Funding ($192,000 in the General Fund) Replacement of Plow Truck No. 10 I ($92,000) I Trails Expansion - County Road F by CPI ($65,000) He pointed out that funding for the City Hall facility costs are expected to come from the I following sources: ~ Cable TV Fund ($150,000) Advance Refunding Fund ($900,000) Municipal Land & Building Fund ($400,000) I ---- ---- ------ DRAFT . - -'I .:iED,EN HILLS TRl)TH-IN:IAXATIQN - DE!::EM6.EB.5.1997 4 Mr. Post noted the final slide in his presentation identified all City operating budgets. He also I -I included in the last page of information a glossary for residents to reference in looking at the information. Mayor Probst stated the City is pleased to note a levy increase of only 1.91 %, and not the I maximum levy limit allowed. Mayor Probst also indicated the Council was proud with the track record of their predecessors and the fact that Arden Hills is one of very few cities which will be able to build a City facility without a referendum for an additional levy for funding. I PUBLIC COMMENTS Mayor Probst invited the audience to address the Council with any matters of concern relating to I the proposed 1998 Budget. I Tom Lynch, 2221 HamJine Avenue, inquired as to who is responsible for the maintenance of berms, street lights, etc. on roads which are inherited from the County. He was concerned where I the money comes from to maintain these acquired roadways. Mayor Probst noted the short answer is the money comes from the taxpayer. He noted there was I an agreement that the County would return the roadways to the City in a condition of a level 90. Municipal State Aid (MSA) funds are used in combination with other funds to repair the roadways. .. Roger Aiken, 4360 Ham/ine Avenue, presented the Secretary with a summary of his questions and concerns. Roger Aiken questioned if MSA funds are identified separately in the revenues. I Mayor Probst indicated all information is tracked and identified in the City records. Councilmember Malone explained for the audience that Municipal State Aid is the money I residents pay in gas tax and that money goes into the State, so there is a finite amount available, which is dependent upon how much is received in gas tax. The funds are received by cities I which meet a certain criteria for a one-time opportunity and used to help repair roadways to a level referred to as 90 or an "acceptable" level. In answer to the question, '"Will the funds be able to support the cost of maintenance of the roads forever?", the answer would be, "No." The I responsibilities will eventually change and, in the future, the cost will come back to the full responsibility of the City. Councilmember Aplikowski inquired of staff about some of the property turned back by the State I and County. Mr. Brian Fritsinger, City Administrator, noted the City has looked at all the areas and has I turned to the residents to maintain the berms and grass areas along the roadways. The City is taking inventory of those larger grass areas between the roadways and, as the process moves I forward and more property is turned back to the City, the City is looking at funding for more equipment to support the maintenance of the those larger areas. -. Lois Rem, 1670 Glenview Court, inquired if the Gateway project would have an effect on Tax Increment Financing (TIF). I I" . DRAFT ARDEN HILLS TRUTH-It::!- T AXA TION - DECEMBER 4. 1997 5 I I- Mayor Probst noted it should have no shortcterm effect. Longer term, there would be a positive effect because when the bonds are paid, the full tax collections percent will go to the School District and County. I Roger Aiken, 4360 Ramline Avenue, inquired as to what the incremental amount would be. Mr. Post pointed out that number is speculative at this time, because it would be dependent upon many factors such as the market value of the property, the tax capacity, etc. The projections are I currently $500,000, but that would be shared by all the jurisdictions, 15% of which would be Arden Hills. I Mr. Fritsinger noted when it was decided to use TIF, the City projections were based on a class rate of 3.5%, so it was designed to minimize the risk to the City. I Mr. Aiken expressed concern regarding the use ofTIF. Mr. Aiken noted perhaps there could be a return on investment for current residents, rather than to wait "down the road" when the I Council and residents have changed. Mr. Aiken complimented the Staff and Council for all their hard work. He stated he did want to I raise concern about the expense for the Gateway development. He wanted to know if the residents would see a return for this investment. Ie Mayor Probst indicated he was unsure of Mr. Aiken's questioning. He noted the fundamental logic was, once public improvements were in, it would set up the City for the remaining land so projects that come on board would have reduced additional costs for streets, etc. to the City. I Mr. Aiken continued to express concern regarding the annual increase of City property levies, I when the City didn't seem to need it, and perhaps should have given the citizens a break. Although he did note that ifno increase was given now, residents would complain in the following years when an increase was necessary. I Mayor Probst stated he didn't believe the City would consider rebates as the answer. He noted the City has received the benefit of previous Councils who have set aside funds so the City is in I the position to build facilities without additional levies or bond issues. Mayor Probst also noted as the tax capacity is increased, everyone's taxes should start to come down. I Mr. Aiken inquired as to street maintenance, how much is the actual increase and how much is just different allocations. Mr. Post pointed out from the operation standpoint there are no changes, but there are greater capital expenses. I Mr. Aiken inquired if there was a tracking of the Gateway development. He noted again he was wondering if the citizens would see a return on their investment. Mayor Probst noted all funds I are identified in the City records and available for anyone to review. .- Mr. Aiken inquired if there was a concrete dollar amount expected on the investment for the Gateway development. Mayor Probst noted there is no such guaranteed amount and the City is doing everything possible to safeguard the City's investment. I D~) A FT . ~ --I 'i!',. . ARDEN HILLS TRUUHN- TAXATION - DECEMBER 4. 1997 6 Mr. Fritsinger noted the size of the bond issuance proposed to be undertaken for the Gateway I -. development and the reimbursement to the City was b~ed on very conservative assumptions. The majority of the cost is covered. The items not identified, such as Staff time and the acquisition of the Kem Milling site, are shown in the General and other funds. Also, a portion is to be paid by the developer. I Mr. Aiken pointed out there is a history ofTIF financing where the property is not returned to regular taxing but, rather, it is re-circulated. Mayor Probst noted Arden Hills has always been I very conservative and, in its history, this is only the second project where TIF has been used. The Staff has been very rigorous to make sure TIF has been used properly. He explained there I are limited funds and once those are repaid, the funds coming in will go to the General Fund or regular taxing revenues made available to all jurisdictions. Councilmember Malone offered a brief explanation ofTIF. When there is a portion of land I which is declared by a government body as a District available for TIF funds, a developer can request assistance by the City to develop that land. The City then spends the money to develop . the land and retains 100% of the tax revenues until that investment for development is paid back. In order to receive the ability to do this, the City has to pass a test to prove the necessity for the District. Also, developers have played city against city to obtain this subsidy. I COUNCIL/ADMINISTRATOR COMMENTS Mayor Probst and the Council thanked all those in attendance. eI AD.JOURN I MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to adjoum the meeting at 8:50 p.m. The motion carried unanimously (4-0). I I Dennis Probst Brian Fritsinger I Mayor City Administrator I I I .. I I ,,.. CITY OF ARDEN mu.s PAGE10F2 I , ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12/15/97 COUNCIL MEETING . I CLAIMS PAID SINCE LAST COUNCIL MEETING (12108/97) I 11,.'(*,:.#.. ici6.>>Am...~.. ...................................................................................i................................l..AiiI0UNT..t...~...... .................................................................................ii............1 1 1 13131 12106/97 Proex Photo Swtems -- (Replacement for Lost Check #12873\ I 13182 12/12197 Public Employees Retirement Association 2,610.21 First December Pavroll 13183 12/12197 ICMA Retirement Trust - 457 1,401.92 First December Pavroll 13184 12/12197 State Capito] Credit Union 3,116.69 First December Pavroll 13185 12/12/97 Charlie Brown 20.00 Balance of Pavment - "Breakfast with Santa" I 13186 12100197 Valley Paving, Inc. 167,646.16 1997 Street Improvements, Pay Estimate #2 3,835.00 Floral Park Trail (Total $186,000.00\ 14,518.84 Retaina2e Released 13187 12/10/97 Postmaster St. Paul 600.00 Posta.e Permit #1962 I 1 1 I Subtotal Paid Claims 193,748.821 I I Paid Claims From Above - 193,748.82 I. Add Unpaid Claims, Page 2 of 2 - 5,868.78 Total Accounts Payable Claims for Council Approval, 12/15197- 199617.60 I I I I I Note: Checks for unpaid claims totaling $81,095.25 were mailed on December 9th, 1997 after approval at the December 8th I Council Meeting. They were check numbers 13136-13181. This sequence corresponds to unpaid temporary numbers TI - T46. Check numbers 13132-13135 were used for alignment. I Ie """"" I _________n_______ ___ . . CITY OF ARDEN mu.s PAGE20F2 I , ACCOUNTS PAYABLE CLAIMS REPORT . TO BE APPROVED AT 12115/97 COUNCIL MEETING I- I UNPAID CLAIMS REGISTER: InlMP,#JeLDAm!:Vl\lI1OO11,:,,{:,:,:,,{:,:,:,:,:,:,:,""":':':,:,:,:,AMOUNTJ,rYiUVRW'l'$::::::::::"':':':{""':':::'""","I I 1 1 TOl 12/16197 American Fire & Safetv 478.64 Fire Extinl!llishers - Testin2 & Maintenance T02 12/16/97 AT&T (Kansas City) 30.02 Current Invoices - l.an2 Distance T03 12/16/97 B & T Qualitv Electric 80.00 Refund Electric Permit #97-290 I T04 12/16197 Bradley & Deike, P.A. 700.00 Le2a1 Services November T05 12/16197 LuAnn Brunn 200.00 Janitorial Services Citv Hall, 12/15 OlJ15/98 T06 12/16197 Yvonne Bushnell 186.38 "Frosty Treat Cans" Breakfast With Santa T07 12/16/97 Carlson Equipment Company 26.26 IJne StriDin2 Paint - P.W. Buildin2 I T08 12/16197 Coroorate ExPress 168.75 Various Office SUPDlies T09 12/16197 Davies Water Equipment Companv 649.16 Supplies - Water Utilitv TlO 12/16/97 Frattallone's Hardware, Inc. 36.84 SUDDlies - Public Works (W/Discount) T11 12/16/97 Brian Fritsin2er 95.68 Reimbursement MeetinWl I Tl2 12/16197 Gall amer's Service, Inc. 201.86 November Service Tl3 12/16197 W. W. Grain2er, Inc. 576.36 30 Gallon Safetv Cabinet for Gas Cans Tl4 12/16/97 Green Mill 120.25 TIF GO Bond Meetin2 with S&P - 10/30/97 I Tl5 12/16197 H & L Mesabi 38.58 Vehicle #110 Part for Snow Plow Tl6 12/16/97 Hvdro Suooly Company 13.42 Water Meter Parts Tl7 12/16197 Kinko's 33.55 EDC - Lexinl!ton 1 Fox Plannin2 Corridor Tl8 12/16197 Dick Lan2e 34.56 Sheriffs Meetin2, Contract Cities - 11120 .. Tl9 12/16/97 IJlIie Suburban Newspapers, Inc. 92.77 Public Hearin2 - ProDosed PrODertv Tax T20 12/16197 McDonald Batterv ComDanv 31.95 Vehicle #108 Batterv 1'21 12/16197 Metropolitan Area M2IDt. Assn. (MAMA) 16.00 Meetin2 11120 - Fritsin2er 1'22 12/16/97 Mever Enterorises 55.38 Vehicle #45 - Starter I 1'23 12/16/97 Midwest AsDhalt Corooration 40.24 Road Materials - W/Discount 1'24 12/16/97 MN Recreation & Park Association 430.00 1997 Conference Re2. - Walsh & Petersen 1'25 12/16/97 Pettv Cash 204.18 Replenishment of Fund 1'26 12/16197 Pitney Bowes 38.00 Meter Reset Charges, 09126-10/28 I 188.10 Contract - Meter Rental, 01116-04/15/98 1'27 12/16/97 Terrance Post 30.56 Reimbursement - Milea2e 1'28 12/16197 Robinson LandscaDinl!. Inc. 59.64 Sod - Perry Park Field #4 I 1'29 12/16197 Ryder Student Transportation 180.00 Playworks Prior Lake, 11/25 190.00 Mon AIDS, 11/26 T30 12/16197 Sam's Club 32.76 SUDolies "Turkev Shoot" T31 12/16197 Software Tailors 110.00 New link System - Printer Extension . T32 12116197 Steooinl!Stone Theatre 180.00 "Create a Play' - Five Week Session T33 12116197 Tar2et Stores 30.00 Gift Certificates - "Turkey Shoot" T34 12/16197 Timesaver Off Site Secretarial 100.25 Council Meeting - 11124 23.75 EDA Meetin2 - 11124 I T35 12/16197 West Weld 164.89 Shon Sunnlies - Parks and Public Works I I I Total Unpaid Claims 5,868.7811 I I "'"""" .e I -------- 1 -- ~ ~ ~ ~ ~ j ~ ~ I ., I II) o 0 0 o 0 ~ C'Il '." .... ~ I- a: - c.. ~ ~ ~ ~I ~ 0 o 0 ~ .~ 01. .... 0 ... :,; ~ ~ ~ ~ ~ '" '" '" ~ OJ OJ C'i O'l C'i ~: ~ ~ t-':.: ~ " :11!l '" fi ~~s~1 ~ .. ~ ',- ~ ~ ~ ~ lP'l ~ ~ 1 '" ....,. ~. oq. ~.....: I'-. '" ..lol f"l 00 ... CO ~ ~ ~ Ol .... .... ff'\ . '" '" - C'Il ... I - C'Il .~ i ... ,<S ...~ c 8 .Il 8 ~*~ ,<S ill i '8 w '1;1 .Il ~ Q +0.' 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N C\ )..E-< t""'-v-oo LLlE-<""'o....... -161 - N N _ N N co __N Cl:: e~~N ~~ "',,",0 ~~ e.... - co ~~ -NN _Nr-t":i I ~ f.,; \0 ro"'.et" V':I N O\.(i) r::l...E-<-COV'>N1Q ::!iE-< - N E-< - - LLl _N .- ::e e~~ ::e ....~ C1)::e ~ ] '" "d"-OOVl CIl ""'o...~- CIl \D~~~ _ _ N ....-I""'" ~ I -..- - -- I CITY OF ARDEN HILLS I ." MEMORANDUM DATE: November 19, 1997 I TO: Mayor and City Council FROM: Brian Fritsinger, City Administrato.@ I SUBJECT: 1998 Official Meeting Calendar I Attached, the City Council will find the proposed 1998 official meeting calendar. I Recommendation I Staffrecornmends adoption of the official meeting calendar for 1998. I BF Isis ~I I ',' I I I I I . I -I I - ------ I'. ...~ I CITY OF ARDEN HILLS " MEMORANDUM I DATE: December 1, 1997 TO: Mayor and City Council (if) I FROM: Brian Fritsinger, City Administrato I SUBJECT: Designation of Official Newspaper I During 1997, the City Council designated the Shoreview-Arden Hills Bulletin as the official newspaper. For 1998, both the Focus News and Lillie Suburban Newspapers (Shoreview-Arden Hills Bulletin) have requested to be considered as the official newspaper for Arden Hills. I Legal publication rates are as follows: I Focus News - $4.95 per column inch Shoreview-Arden Hills Bulletin - $3.38 per column inch Ie Recommendation I Staff recommends the City Council designate the Shoreview-Arden Hills Bulletin as the official newspaper for 1998. I BF/sls I I ~..-. I I I tI I -------- ----------- --------- ---------------- <> LilliE SUbURbAN NEWSpApERS 2515 E. Seventh Avenue North 51. Paul, MN 55109 (612) 777-8800 December 1, 1997 Brian Fritsinger RECEIVr::r:S I City Administrator 1991 Arden Hills City Hall OEe 01 1450 W. Highway 96 I Arden Hills, MN 55112 (In' Of Al\i.iu, foli,.. Dear Mr. Fritsinger: Thank you for the opportunity to bid on public notice publication services for the City of Arden Hills. I The Bulletin has been serving the needs of the Arden Hills area for 23 years, and is pleased to provide ongoing coverage of city government and school issues and community events. I Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie. His son, N. Theodore Lillie, and grandson, Jeffery Enright, are continuing the family tradition of publishing award-winning community newspapers in the St. Paul I suburbs. It is our sincere desire to provide the best possible local news coverage in the Arden Hills area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. I We realize that Arden Hills area residents look to the Shoreview-Arden Hills Bulletin as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. The Bulletin has the official designation of the neighboring communities of Mounds View, New Brighton, St. Anthony, and Mounds View School District 621. Noon Friday is the deadline each week for submitting public notices to our office. Late public notices are I accepted up to 10 a.m. Monday for the Wednesday newspaper. Public notices should be directed to the Shoreview-Arden Hills Bulletin, P.O. Box 120608, New Brighton, MN 55112. Our fax number is 633- 3846. I Legal publication rates for minutes, advertisements for bids and other notices are as follows: $3.38 per column inch for a one-time publication I $2.37 per column inch for each additional publication Th:m.k yon f'o:- considering; the. Shorevie\v.~~.t\rden Hills Bulletin. as the officicllegal newspaper fer the CHy of Arden Hills for 1998. If you have any further questions, don't hesitate to call us. I ~ fl- I Je.e ~ Co-Publi$ er I ~~, N. Theodore Lillie I ' Co-Publisher LilliE RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - OAKDALE-LAKE ELMO REVIEW - NEW BRIGHTON BULLETIN I NEWS SHOREVIEW BULLETIN - ST. ANTHONY BULLETIN - SHOPPING REVIEW - EAST SIDE REVIEW ROSEVILLE REVIEW - SOUTH-WEST REVIEW - WOODBURY.SOUTH MAPLEWOOD REVIEW I' ". I Focus News {tNoVember 25. 1997 RECEI\fED Mr. Brian Fritsinger < I City of Arden Hills DEe 01 1997 ] 450 Highway 96 . Arden Hills, MN 55112 (ITY Ot AkiJcN MILLS I Dear Brian: I We would be pleased if you would consider the Foclls News as the City of Arden Hills' official newspaper for the year 1998 at your City Council Meeting. We have missed working with the city this past year in placing your legals. We have always enjoyed our work- I ing relationship with Julie and would like to have the opportunity to serve your legals needs again. As you know. we endeavor to print each legal accurately and to follow any wlitten specifications you have included with your legal. I Because we realize the cities are trying to hold expenses to a minimum, we have restructured our legal rates. We hope this will help you with the ever-spiraling budget problems we all seem to have these days. The rate I structure for legals. effective January 1. 1998. will be: I column width: $0.45 per line - first insertion ($4.95 per co!. in.) $0.35 per line - subsequent insertions ($3.85 per co!. in.) Ie 2 colu/lln width: $0.90 per line - first insertion ($9.90 per co!. in.) I $0.70 per line - subsequent insertion ($7.70 per co!. in.) Notarized affidavits will be provided for each of your publications. All publications should be received in our office by Friday at noon preceding our Thursday publications. In order to expedite our service to you. please I direct your legal notices to Focus News. attention Linda McIntyre. Legal Publications. 2819 Hamline Avenue N. Roseville. MN 55113. We prefer legals not be faxed unless it is a late legal and we will gladly work that out with you. We are having great success using E-mail or a disk and transfelTing information into our computer I system. These procedures have made this year's legal ads error free which is what we all strive for in a legal publication. If you have budget reports or anything done on a spread sheet. we will still continue to use your hard copy and reduce your original to fit our p3r~r's size; therefore. no (Iisk is needed. If you have any I questions or are in doubt on a specific legal. please give Linda a call at 633-3434. Thank you for considering the Foclls News as your official newspaper for the upcoming year. We would be honored and pleased to serve you and look forward to a mutually beneficial working relationship with the City I of Arden Hills. ~erelY' I I . ~ d Rlchar Ro e'ts o. 'c. , " I Publisher Foclls News " I 2819 North Hamline Avenue, Roseville, MN 55113 . 633-3434 . fax 633-9550 I I CITY OF ARDEN HILLS ,. MEMORANDUM I DATE: December 12, 1997 TO: Mayor and City Council ~ I FROM: Brian Fritsinger, City Administrato I SUBJECT: Resolution #97-60, Clarifying Final Sums of Money to be Levied for Levy Year 1997, Payable in 1998 I Backlrround The City Council has spent a large portion of 1997 reviewing and preparing its budget for 1998. I On December 4,1997, the City Council held its Truth in Taxation Hearing to review the proposed budget and levy. I After the completion of this hearing, the City Council indicated that it was comfortable with the proposed levy. . Recommendation The City Council is asked to adopt Resolution #97-60, clarifying final sums of money to be levied for levy year 1997, payable in 1998. I BF Isis II II I I I I 1-- I - -- I I CITY OF ARDEN HILLS ~ MEMORANDUM I DATE: December 12,1997 TO: M.yo< ..d City C...cil @ I FROM: Brian Fritsinger, City Administra ' r I SUBJECT: Resolution #97-61, Accepting the Final 1998 Budget I Background Attached, the City Council will find a summary of the final proposed 1998 General Fund Budget. I At the time the Council packet was prepared, City Accountant Post had not yet completed the necessary revisions to the budget. The revisions being made are related to a variety of issues which staff has been able to clarify over the past week. An example would be the delay in the I TIF G.O. Bond Sale from 1997 to 1998. Ie Mr. Post will have additional information, including Resolution #97-61, available as a bench handout at Monday's meeting. Recommendation I The City Council will be asked to adopt Resolution #97-61, accepting the fmal1998 Budget. I BF/sls I I I I I .. 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Co) ,'"'.< .,.:~. N-... ~... !:' . * - - .... I ~ OD~"'..O"COO"O..~O~"'. 1000"111....000 ... 00 _.. ..~ e 0100010 O......~...Nq~N~O co.Ift.......aOON ... O. .N ~ ~~~ ~~"":.~....""'~~~~~ ~cq,~Ift~N...~~ co ~"':. ~ ~~ a ~ ......10 Ift..OIllO""OIftOO O~""III."CO_" co OOe 0 .."" 10 OON 1ft"'~IONN.....CO 0 IllCO...NN....~N~ co O...~ _ .. N~ ."N ~ ~ CJt N..~N .. q, ~ 10 I - ~ .. ... ... .... .... ... . ~ I . - ! . ~ . 8 ... <i I ~!i !=~. ~ ..... rr: . w ..10*._~~> _ .. .~e. .... :!! .. ~..el~!i:~ .3 < - I. . C'- ~ . > : "=-~o' ... c .1....... .;;!.;;!.;l Jol.;!.!! I ~__ .;:::;.stio:iOCi'! :I U I I'. ~".. I Memorandum I\RII I I DATE: December 11, 1997 I BRW INC. TO: Brian Fritsinger, City Administrator I FROM: GregmyBrowWBRW rpt~ Arden Hills City Engineer I RE: Change Order #2 Gateway Business District, 14th Street Northeast I PI.nning Back~round The City of Arden Hills awarded Lametti & Sons, Inc. of Hugo, Minnesota the Transportation Gateway Business District, 14th Street Northeast project on October 14, 1997. -,-n,enng Lametti & Sons low bid was $713,700.00; Change Order #1 included tree clearing n Design and grubbing work which had not been included in the original City contract (it was I Thresher Square anticipated that the private developer would perform the work). Change Order #1 was approved by the Council on October 14, 1997 increasing the contract amount by 700 Third Street So. $17,000.00 to $730,700.00. Minneapolis. I MN55415 612137O-WOO Purpose of Chanl!:e Order #2 Fax 612/370-1378 Change Order #2 includes work items associated with design modifications made to I Denv" the project by Howard R. Green after the letting of the construction contract and items associated with change of conditions experienced on the site during Milwaukee construction. I Minneapolis Newark The design modifications resulted from requests by the adjoining site developer to Orlando raise the profile grade of 14th Street NE, perform mass grading for the roadway and I Phoenix reconfigure the storm water ponding scheme. The mass grading was originally Portland planned to be completed by the developer. The revised project plans require that San Diego approximately 18,000 cubic yards of soil be imported to construct the roadway. In I 5o.IlI, addition, City staff has added 5,000 cubic yards of borrow material to the contract in order to replace poor materials encountered during the excavation for the deep I sanitary sewer. The cost of the resulting earthwork items are approximately $180,000.00. " I c,' "~I Memorandum I .. December 11, 1997 Page 2 City staff requested that additional water main valves be added to the project and that I one water service pipe be up sized from 8 inch diameter to 10 inch diameter to provide adequate fire flow capability. The cost of these changes are approximately $3,800.00. I Lametti & Sons, Inc. proposed to City staff to open cut the utilities under the Minnesota Commercial railroad crossing in lieu of jack boring as called for in the I plans. City staff discussed the proposed change with railroad officials and determined that the change was acceptable as long as the temporary closure of the crossing was coordinated with the ongoing salt supply operation located east of the I crossing. The change should result in approximately $18,000.00 in savings to the City. The revised plans prepared by Howard R. Green included modifications to storm I sewer pipe diameters which resulted from the reconfiguration of the storm water ponding for the Welsh site, These changes were made at the request of Welsh. The I cost of these changes is approximately $15,000.00. During the course of constructing the sanitary sewer, the contractor has encountered ~ large concrete foundation slabs apparently from the old rendering plant. The change order includes work associated with pulverizing the foundations into pieces small I enough to be incorporated into the pipe backfill zone. The cost of this work is approximately $8,500.00 Recommendation I The Arden Hills City Engineer recommends Council approve Change Order #2 thereby increasing the contract amount by $193,726.50 from $730,700.00 to I $924,426.50. I I I I File 37951 0028001 .. I I' , I CHANGE ORDER It No. PROJECT: Gateway Business District-14th Street NE DATE OF ISSUANCE: OWNER: City of Arden Hills OWNER's PROJECT NO. 800looJ 1 1450 West Highway 96 Arden Hills, MN 55112 ENGINEER: Gregory S. Brown, PE Arden Hills City Engineer I BRW, INC. CONTRACTOR : Lametti & Sons, Inc. 700 Third Street South 16028 Forest Boulevard North Minneapolis, MN 55415 Hugo, MN 55038 I CONTRACT FOR: Gateway Business District- ENGINEER's PROJECT NO. 37951-00?-8001 1 14th Street NE You are directed to make the following changes in the Contract Documents. Description: Grading work including importing of embankment materials (previously included with 1 developer's grading); storm sewer modifications resulting from reconfiguring ofponding; watermain modifications for additional valves and upsizing water service main; contractor proposed open cut across railroad in lieu of jack boring utilities: I Attachments: List documents su ortina chanoe) chanaes are listed accordin to bid schedule. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Ie Original Contract Price Original Contract Time $ 713.700.00 I Days or Date Previous Change Orders No. I To No. Net Change from previous Change Orders 1 $ 17 000.00 Days 1 Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 730 700.00 I Days or Date Net Increase (Decrease) of this Change Order Net Increase (Decrease) of this Change Order 1 $ 193 726.50 Days I Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 924 426.50 Da s or Date 1 APPROVED: APPROVED: " By By CilV of Arden Hills Contractor 1 '-' 'I Original Quantity Amount Item Unit Contract Increase! Add! I No. Item Unit Price Quantity (Decrease) (Deduct) SCHEDULE 1.0 - STREET '-- 2 Modified Select Granular Borrow CY $10.00 3,333 1,450 $14,500.00 3 Aggregate Base, Class 5 TON $7.50 5,560 (472) ($3,540.00) 10 Mill Bituminous Surface SY $5.00 190 700 $3,500.00 I Add 19 Geotextile Fabric (Type 5) SY $1.50 0 9,565 $14,347.50 Add 20 Common Excavation CY $2.70 0 5,480 $14,796.00 I Add21 Common Borrow (LV) CY $5.90 0 23,260 $137,234.00 NET CHANGE $180,837.50 I Original Quantity Amount I Item Unit Contract Increase! Add! No. Item Unit Price Quantity (Decrease) (Deduct) SCHEDULE 2.0 . STORM SEWER I I 12" RCP Sewer Class III LF $30.00 138 48 $1,440.00 2 15" RCP Sewer Class III LF $31.00 378 (201) ($6,231.00) I 3 18" RCP Sewer Class III LF $32.00 219 (119) ($3,808.00) 4 21" RCP Sewer Class III LF $34.00 232 191 $6,494.00 ., 5 24" RCP Sewer Class III LF $36.00 712 (680) ($24,480.00) 6 30" RCP Sewer Class III LF $45.00 48 32 $1,440.00 I 7 33" RCP Sewer Class III LF $51.00 64 709 $36,159.00 8 . 36" RCP Sewer Class III LF $57.00 231 16 $912.00 I 9 42" RCP Sewer Class 1II LF $73.00 16 22 $1,606.00 II 15" RCP Pipe Apron EA $500.00 3 (2) (1,000.00) I 12 18" RCP Pipe Apron EA $600.00 I (I) (600.00) I 15 Standard Manhole EA $1,100.00 II (4) (4,400.00) 16 60" Diameter Manhole EA $1,800.00 I 3 $5,400.00 I 18 84" Diameter Manhole EA $3,500.00 I I $3,500.00 20 Rip-Rap Class 1II CY $90.00 23 7 $630.00 I 21 Jack Bore 36" RCP, Class 5 (P) LF $650.00 50 (5,000) (32,500.00) 24 Pipe Foundation Material LF $1.00 1,970 86 $86.00 I Add 25 30" RCP Pipe Apron EA $[ ,250.00 0 I $1,250.00 NET CHANGE ($14,102.00) -- I Original Quantity Amount Item Unit Contract Increase! Add! No. Item Unit Price Quantity (Decrease) (Deduct) EDULE 3.0 - SANITARY SEWER Manhole Extra Depth LF $80.00 162 7 $560.00 14 Jack Bore 32" Steel Casing Pipe LS $190.00 50 (50) ($9,500.00) I NET CHANGE ($8,940.00) I Original Quantity Amount Item Unit Contract Increase! Add! I No. Item Unit Price Quantity (Decrease) (Deduct) SCHEDULE 4.0 - W A TERMAIN I 3 12" DIP Watennain LF $25.00 2,075 23 $575.00 4 6" DIP Watennain LF $20.00 178 (90) ($1,800.00) I 6 8" Gate Valve EA $500.00 I 2 $1,000.00 7 12" Butterfly Valve EA $800.00 I 2 $1,600.00 I 8 Fittings LBS $1.00 4,525 965 $965.00 9 6" Service Connection with Valve EA $500.00 3 (3) ($1,500.00) If Jack Bore 18" Steel Casing Pipe LF $120.00 50 (50) ($6,000.00) Pipe Foundation Material LF $2.00 2,075 23 $46.00 I Add 14 8" DIP Watennain LF $23.00 0 187 $4,301.00 Add 15 2" Polystyrene Insulation SF $2.00 0 96 $192.00 I Add 16 8" Service Connection with Valve EA $750.00 0 3 $2,250.00 Add 17 10" DIP Watennain LF $24.00 0 60 $1,440.00 I Add 18 10" Gate Valve EA $7.00 0 I $700.00 NET CHANGE $3,769.00 I Original Quantity Amount I Item Unit Contract Increase! Add! No. Item Unit Price Quantity (Decrease) (Deduct) I SCHEDULE 5,0 - SITEWORK 7 Remove 8" Watennain LF $10.00 290 10 $100.00 I 8 Remove Curb & Gutter LF $2.00 300 150 $300.00 Add \l Reclaim Concrete Foundation CY $7.60 0 \l00 $8,360.00 ~ 12 Remove & Replace RR Track LS $23,402.00 0 1 $23,402.00 NET CHANGE $32,162.00 I 0.--'" 'I NET CHANGE SUMMARY SCHEDULE DEDUCT ADD I \.0 - Street $180,837.50 -- 2.0 - Storm Sewer $14,102.00 3.0 - Sanitary Sewer $8,940.00 4.0 - Watermain $3,769.00 I 5.0 - Sitework $32,162.00 Subtotal $23,042.00 $216,768.50 I TOTAL NET CHANGE $193,72.6.50 I I I I eI I I I I I I I .. I I~ . I Memorandum "1IITi'I I I I B R W INC DATE: December II, 1997 TO: Brian Fritsinger, City Administrator I FROM: Grego,", B"wNBRW ~ ~ Arden Hills City Engineer , I RE: Pay Estimate # I Gateway Business District, 14th Street Northeast I Backl!:round Planning The City of Arden Hills awarded Lameui & Sons, Inc. of Hugo, Minnesota the .rtation Gateway Business District, 14th Street Northeast project on October 14, 1997. meenng Lametti & Sons low bid was $713,700.00; Change Order #1 was approved by the Design Council on October 14, 1997 increasing the contract amount by $17,000.00 to I Thresh.. Square $730,700.00. 700 Third Street So. Minneapolis, Proiect Status I MN 55415 Lametti & Sons has performed clearing and grubbing work and is currently 612/370-0700 constructing the sanitary sewer main along proposed 14th Street. Payment Request Fax 612/310-1378 # 1 includes payment for items associated with this work. I Denver Recommendation Milwaukee The Arden Hills City Engineer recommends Council approve Pay Estimate #1 for I Minneapolis Lametti & Sons, Inc. Of Hugo, Minnesota in the amount of $90, 171.43. A retainage Newark of 5% is being held for the project. Orlando IPhoenix Portlalld San Diego I Seattle I .- File 379510028001 I , ~I CITY OF ARDEN HILLS CONSTRUCTION PAYMENT VOUCHER I ESTIMATE NO.: 1 (One) -. DATE: December II, 1997 PERIOD ENDING: December 5, 1997 CONTRACT: Gateway Business District 14th Street Northeast ENGINEER'S FILE NO.: 37951-002-800 I I TO: Lametti & Sons, Inc. 16028 Forest Boulevard North I Hugo, MN 55038 A. Original Contract Amount........................................ ..$713,700.00 I B. Total Additions ................................................... $17,000.00 I C. Total Deductions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 D. Total Contract Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $730,700.00 I E. Total Value of Work to Date ........................................ $94,917.30 I F. Materials on Hand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 G. Gross Amount Due to Date. .. . . .. . . .. . .. . .. . . .. . . . . .. .. . .. .. . . .. .. .. $94,917.30 tJ H. Less Retained (5%) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,745.87 I I. Less Previous Payments .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00 J. Total Approved for Payment this Voucher . .. . . . . . . . .. .. .. . ... $90,171.43 I K. Total Payments Including this Voucher................................ $90,171.43 I APPROVALS: Pursuant to our field observations, I hereby recommend for payment the above stated amount for work I perfonned through December 5,1997. /)./tJI9,> I Signed by: Date I Signed by: I Lametti & Sons, Inc. Date Signed by: .. City of Arden Hills Date I I" Cily Change Orders: I ~ Date Approved Additions Deductions " One October 14, 1997 $17,000.00 Net Change by Change Order = $17,000.00 I I Previous Payments: I ~ Date Approved Amount None I I I Total Previous Payments = $0.00 Ie I I I I I I I .. I . 'I APPLICATION FOR PARTIAL PAYMENT GATEWAY BUSINESS DISTRICT 14TH STREET NORTHEAST I BRW File: 37951-002-8001 12/11/~ Page: 1 eg. No/ Unit Contract Contract To Date To Date I nDot No Item Unit Price Quantity Amount Quantity Amount ------- ------------------------ ------- ---------- --------- ----------- --------- ----------- .id Schedule: 1. 0 - STREET I 1 SUBGRADE PREPARATION RDSTA 150.00 25.00 3750.00 0.00 0.00 000.000 I 2 MODIFIED SELECT GRANULAR CY 10.00 4783.00 47830.00 0.00 0.00 .000.000 BORROw 3 AGGREGATE BASE, CLASS 5 TON 7.50 5178.00 38835.00 0.00 0.00 I 000.000 4 TYPE 31B, BASE COURSE TON 24.00 1497.00 35928.00 0.00 0.00 I 000.000 MIXTURE 5 TYPE 41A, WEAR COURSE TON 26.00 1215.00 31590.00 0.00 0.00 I 000.000 MIXTURE 6 4. THERMOPLASTIC LF 2.00 4378.00 8756.00 0.00 o.~ 000.000 DRAINTILE 7 BIT. MATERIAL FOR TACK GAL 1.50 434.00 651. 00 0.00 0.00 I 000.000 COAT 8 CONCRETE CURB AND GUTTER, LF 7.00 4271.00 29897.00 0.00 0.00 I 000.000 B618 9 CONCRETE CURB & GUTTER, LF 11.00 300.00 3300.00 0.00 0.00 000.000 SURM. I 10 MILL BITUMINOUS SURFACE SY 5.00 890.00 4450.00 0.00 0.00 000.000 I 11 REMOVE AND REPLACE SY 12.00 658.00 7896.00 0.00 0.00 000.000 PAVEMENT I 12 SUBGRADE DENSITY TEST, EA 25.00 18.00 450.00 0.00 0.00 000.000 INPLACE I 13 CLASS 5 GRADATION TEST EA 70.00 10.00 700.00 0.00 0.00 000.000 14 CLASS 5 PROCTOR TEST EA 90.00 5.00 450.00 0.00 0.00 I 000.000 0.__ 15 CLASS 5 DENSITY TEST, EA 25.00 12.00 300.00 0.00 000.000 INPLACE I I' APPLICATION FOR PARTIAL PAYMENT GATEWAY BUSINESS DISTRICT I 14TH STREET NORTHEAST ~W File: 37951-002-8001 12/11/97 Page: 2 I. No/ unit Contract Contract To Date To Date , ot No Item Unit Price Quantity Amount Quantity Amount ------- ------------------------ ------- ---------- .--------- ----------- --------- ----------- 116 CONCRETE TESTING EA 105.00 8.00 840.00 0.00 0.00 0.000 117 BITUMINOUS AIR VOID TEST EA ll5.00 4.00 460.00 0.00 0.00 0.000 !f8 BITUMINOUS CORE DENSITY EA 105.00 4.00 420.00 0.00 0.00 . 0.000 TEST 19 GEOTEXTILE FABRIC SY 1.50 9565.00 14347.50 0.00 0.00 10.000 (TYPE 5) 20 COMMON EXCAVATION CY 2.70 5480.00 14796.00 0.00 0.00 10.000 21 COMMON BORROW (LV) CY 5.90 23260.00 137234.00 0.00 0.00 iOO Subtotal: $ 0.00 id chedule: 2.0 - STORM SEWER 11 12" RCP SEWER CLASS III LF 30.00 186.00 5580.00 0.00 0.00, 000.000 12 15" RCP SEWER CLASS III LF 31.00 177.00 5487.00 0.00 0;00 000.000 13 18" RCI? SEWER CLASS III LF 32 .00 100.00 3200.00 0.00 0.00 0.000 14 21" RCP SEWER CLASS III LF 34.00 423.00 14382.00 0.00 0.00 0.000 15 24" RCI? SEWER CLASS III LF 36.00 32 .00 ll52.00 0.00 0.00 0.000 16 30" RCI? SEWER CLASS III LF 45.00 80.00 3600.00 0.00 0.00 0.000 7 33" RCP SEWER CLASS III LF 51. 00 773.00 39423.00 0.00 0.00 10.000 r'00 36" RCI? SEWER CLASS III LF 57.00 231. 00 13167.00 0.00 0.00 I -- APPLICATION FOR PARTIAL PAYMENT '1 GATEWAY BUSINESS DISTRICT 14TH STREET NORTHEAST I BRW File: 37951-002-8001 12/11/9'- Page: 3 :g. No/ Unit Contract Contract To Date To Date I :!Dot No Item Unit Price Quantity Amount Quantity Amount ~------ ------------------------ ------- ---------- --------- ----------- --------- ----------- 9 42" RCP SEWER CLASS III LF 73.00 38.00 2774.00 0.00 0.00 I 000.000 10 12" RCP PIPE APRON EA 450.00 2.00 900.00 0.00 0.00 I 000.000 11 15" RCP PIPE APRON EA 500.00 1.00 500.00 0.00 0.00 I 000.000 12 18" RCP PIPE APRON EA 600.00 1.00 600.00 0.00 0.00 000.000 I 13 42" RCP PIPE APRON EA 1500.00 1.00 1500.00 0.00 0.00 000.000 I 0.00 14 CATCH BASIN EA 900.00 5.00 4500.00 0.00 000.000 0.'- 15 STANDARP MANHOLE EA 1100.00 7.00 7700.00 0.00 000.000 16 60" DIAMETER MANHOLE EA 1800.00 4.00 7200.00 0.00 0.00 I JOO.OOO 17 72" DIAMETER MANHOLE EA 2200.00 1.00 2200.00 0.00 0.00 I JOO.OOO 18 84" DIAMETER MANHOLE EA 3400.00 1.00 3400.00 0.00 0.00 I 000.000 19 OUTLET STRUCTURE LS 3702.00 1.00 3702.00 0.00 0.00 I 000.000 20 RIP-RAP CLASS III CY 90.00 30.00 2700.00 0.00 0.00 I 000.000 21 JACK BORE 36" RCP LF 650.00 0.00 0.00 0.00 0.00 I 000.000 CLASS 5 (P) 22 SUBGRADE PROCTOR EA 70.00 4.00 280.00 0.00 0.00 JOO.OOO I 23 SUBGRADE DENSITY EA 25.00 20.00 500.00 0.00 0.__ JOO.OOO I .. APPLXCATXON FOR PARTXAL PAYMENT . GATEWAY BUSXNESS DXSTRXCT 14TH STREET NORTHEAST .J .W File: 37951-002-8001 12/11/97 Page: 4 . No/ Unit Contract Contract To Date To Date :lDot No Xtem Unit Price Quantity Amount Quantity Amount !!~_m ~~~~_;~~~;~~~_~;~;~~ _~;____ m.__~~~~ __;~~~~~~ m_;~~~~~~ __m~~~~ m__h~~~~ ~;:;O. 000 .5 30" RCP PIPE APRON EA 1250.00 1. 00 1250.00 0.00 0.00 '0.000 . Subtotal: $ 0.00 l Schedule: 3.0 - SANXTARY SEWER 1 CONNECT TO EXISTING EA 3250.00 2.00 6500.00 0.00 0.00 ~O. 000 1 2 SANITARY SEWER MANHOLE EA 1600.00 8.00 12800.00 4.00 6400.00 .0.000 1 3 MANHOLE EXTRA DEPTH LF 80.00 169.00 13520.00 90.04 7203.20 ijO.OOO L \no.oc 21" RCP SEWER CLASS V LF 78.00 80.00 6240.00 0.00 0.00 1j0.00o 18-20' DEEP 105 21" RCP SEWER CLASS V LF 78.00 60.00 4680.00 0.00 0.00 JOO.OOO 20-22' DEEP . 106 21" RCP SEWER CLASS V LF 78.00 50.00 3900.00 84.00 6552.00 JOO.OOO 22-24' DEEP . 107 21" RCP SEWER CLASS V LF 78.00 520.00 40560.00 433.00 33774.00 JOO.OOO 24-26' DEEP "'8 21" RCP SEWER CLASS V LF 78.00 290.00 22620.00 266.00 20748.00 _vO.OOO 26-28' DEEP .'9 21" RCP SEWER CLASS V LF 78.00 450.00 35100.00 0.00 0.00 10.000 28-30' DEEP ..0 21" RCP SEWER CLASS V LF 78.00 50.00 3900.00 0.00 0.00 10.000 30-32' DEEP ..1 21" RCP SEWER CLASS V LF 78.00 25.00 1950.00 0.00 0.00 10.000 32-34' DEEP l""~. 21" RCP SEWER CLASS V LF 78.00 295.00 23010.00 0.00 0.00 . 00 34-36' DEEP ?- . ---------- . .. ,4 APPLICATION FOR PARTIAL PAYMENT . GATEWAY BUSINESS DISTRICT 14TH STREET NORTHEAST ,~ J BRW File: 37951-002-8001 12/11/97 Page: 7 . 'q. No/ Unit Contract Contract To Date To Date lOot No Item Unit Price Quantity Amount Quantity Amount . ------- ------------------------ ------- ---------- --------- ----------- --------- ----------- 3 SODDING SY 2.00 2000.00 4000.00 0.00 0.00 100.000 . 4 SEED AND MULCH AC 1000.00 1.50 1500.00 0.00 0.00 100.000 . ..... 5 SILT FENCE, HEAVY DUTY LF 2.50 1000.00 2500.00 0.00 0.00 100.000 . 6 WOOD FIBER BLANKET SY 2.50 1200.00 3000.00 0.00 0.00 JOO.OOO . 7 REMOVE 8" WATERMAIN LF 10.00 300.00 3000.00 40.00 400.00 }OO.OOO 8 REMOVE CURB AND GUTTER LF 2.00 450.00 900.00 0.00 0.00 . 100.000 9 REMOVE EXISTING PAVEMENT SY 1.00 667.00 667.00 0.00 0.0 III lOO.OOO ....;.--:- 10 POND EXCAVATION CY 4.00 5647.00 22588.00 0.00 0.00 . '00.000 11 CLEARING AC 2250.00 4.00 9000.00 3.80 8550.00 00.000 . 12 GRUBBING AC 2000.00 4.00 8000.00 3.80 7600.00 !OO.OOO . 13 RECLAIM CONCRETE C'f 7.60 1100.00 8360.00 0.00 0.00 100.000 FOUNDATION . 14 REMOVE & REPLACE RR LS 23402.00 1.00 23402.00 0.00 0.00 lOO.OOO TRACKS . Subtotal: $ 16,550.00 Grand Total: $ 94,917.30 . . - , . ----- --~- ---- -_....._-_._------~- - I . I CITY OF ARDEN HILLS " MEMORANDUM DATE: December 15,1997 I TO: Mayor and City Council Kevin RIngwald, Community Development Director k' I FROM: SUBJECT: Sales and Purchase Agreement, Morris Communication Corporation I Reouested Action I The City Council is asked to consider the Statement ofIntent (Exhibit A) and a revised Sales and Purchase Agreement (Exhibit B) between the City of Arden Hills and Morris Communication Corporation (Morris). I Back2round The City Council initially reviewed the Sales and Purchase Agreement with Morris I Communication Corporation (aka, Naegele) in September, 1997. Morris subsequently rejected the agreement approved by the City Council as a result of the changing nature of this project. 'e Staff has held numerous meetings since that time with Morris. At one point, the City Council adopted Resolution #97-50 authorizing condemnation. This action was taken in order to allow City staff to proceed with acquisition should the negotiations break down or an impasse reached. I The attached Statement of Intent and Sales and Purchase Agreement has been approved by Morris officials. These documents have been altered significantly and, as a result, the City I Council is being asked to review them once again. The basic points have not changed, but the following will attempt to address the major issues. I What is the Statement oflntent? As the project scope expanded, Morris expressed a desire to clarify the future development of the I remaining Morris property. The Statement ofIntent provides that the City will make the development/redevelopment rights for the A TS Steel property available to Morris until December 31,1999 (Section 3.0, A). The Statement of Intent may also be extended for two (2) I additional years (Section 3.0, B, I and 2). In other words, Morris has recognized the need to include the A TS property in any proposed development, to maximize the site's development potential. I I t/j I < 1 Memorandum, Sales and Purchase Agreement, Morris Communication Corporation I Page Two December 15,1997 -- In executing this document, the City would be agreeing to provide this property to Morris if a number of conditions are met (Section 3.0, D). Those include: . The development plan being consistent with the City's goals and vision, to be I determined by the City Council at its sole discretion. I . The TIF regulations allowing the City to reimburse itself for all of its costs. . The development providing sufficient TIF in order for the City to reimburse itself for all its costs. I . Agreements being executed between Morris and the City. Has the Purchase Price Been Chane-ed? I The total purchase included in the Agreement remains at $25,250 (Section 3.0, A, 4). When is the ProDosed Closin~ Date? I As soon as possible (Section 3.0, F). How has the Sales and Purchase A!!reement Been Amended? I The current Agreement has been altered significantly. The Agreement was altered in order to address several concerns or changes in the public improvements. I. A change in the location of the stormwater retention ponds necessary as a result of the tJ Fourteenth Street public improvement project. Initially, these were located on Welsh property. Revisions approved by the City Council required the pond to be relocated to I Morris property. As a result, Morris has agreed to donate the land (tax advantage) so that the pond can be located on this property at ill!. cost to the City (Section 3.0, B). I 2. The City will amend its zoning ordinance related to the changes in billboard location and size. The intent of the amendment to the ordinance has not changed from the original I agreement by the City Council (Section 3.0, 1,1). 3. The language regarding the relocation of the remaining billboards has been amended I significantly (Section 3.0, I, 3). Originally, this language was non-specific and called for the changes to be made by mutual consent. Morris has requested that the language be made more specific to each sign. This has been I the item that has caused much of the delay in executing the agreement. Specifically, the Council should note the increase in height to each billboard (Sections 3.0, I, 3, a and b). I The incorporated language is such that it will allow the signs to be raised to the heights identified in the Sales and Purchase Agreement (up to a 10 foot increase to Billboard #3 I and a up to a 20 foot increase to Billboard #4) (Exhibit C). However, it is the slated intent of both parties to work with other parties to try and reduce these increases (Section 3.0, I, 3, b, 4). tilt I - I' . I Memorandum, Sales and Purchase Agreement, Morris Communication Corporation Page Three it December 15, 1997 There exists a "jersey barrier" (a 5-6 foot high concrete median) that was installed by I MnDOT in the middle of the 1-35W and 1-694 bridge which interferes with the readability of the lower portion of Billboard #3. Thus, the request by Morris to increase the height of Billboard #3 up to 10 from its current height. I There exists a small grouping of trees on the Vaughan property, and partially on MnDOT right-of-way, which would interfere with readability of the proposed east face of I Billboard #4. Thus, the request by Morris to increase the height of Billboard #4 up to 20 feet from its current height. I Obviously, the Staff would have preferred to bring a Sales and Purchase Agreement to the City Council which had no increase in height for any of the billboards. However after months of negotiations, the attached Statement of Intent/Sales and Purchase Agreement is I the best deal that the Staff has been able to negotiate for the City with Morris, short of taking our chances in a condemnation proceedings, which is an option that the City Council should weigh in its decision making process. I 4. There are other changes in the Sales and Purchase Agreement, but most are minor in .. nature. Two other key points to keep in mind are: . The City Council is agreeing to vacate the abandoned sanitary sewer easement I which crosses through the Morris property (Section 3.0, A, I). . Morris shall provide notice to the tenants of billboards # 1 and #2 that their leases are terminated (Section 3.0, C). I Recommendation The City Council is asked to approve the Statement ofIntent and Purchase Agreement with I Morris Communication Corporation substantially in the form presented, subject to nonsubstantial changes being approved by the City's Attorneys and City Administrator, and authorize the Mayor and City Administrator to execute all necessary documentation. 1 I I I t' I -- - ..;.:-" OJ' .-~.~\...J......' . .........'. .._~~",.':"""" ...- ....... ,:. ....0../ '. _,_,;\..~'.. ' ,-.''-.....', OJ"-.;-......'_, _._ .~'J'J '0../'........ - -- .' , 'I?J 1E"~'brr A- . STATEMENT OF INTENT it 1.0 Parties. This Statement of Intent is dated the ____ day of , 1997, and represents the present understanding of the City of Arden Hills, a Minnesota municipal corporation ("City" ) and Morris Communication Corporation, a I Georgia corporation, it successors and assigns ("MOrris") . 2.0 Recitals. . A. Morris owns certain property located in the City ("Morris property"). . B. The Morris Property is adjacent to property owned by ATS Steel ("ATS Steel Property"). C. Both the Morris Property and the ATS Steel Property are . in the City's Gateway Business zoning District and are adjacent to an area which is being developed and redeveloped. . D. The City would like to encourage the development and redevelopment of property within the Gateway Business Zoning District consistent with the City's vision for . the area. 3.0 Statement of Intent. Ie A. The City agrees that it will make the development/redevelopment rights for the ATS Steel Property available to Morris for a period of . approximately two years ("option Period") commencing on the date hereof and terminating on December 31, 1999. It is intended that during the Option Period, Morris will have the right to submit to the City, or the I City's economic development authority, proposals for the development of the Morris/ATS Steel properties. I B. The Option Period may be extended for twO additional one year eerMB~__HerriB_Bhall_exereiBe-i~B-righ~-ue eK~e~a-~Re-ep~ie~-periea->>y terms by providinq the City with written notice Ee-ERe-€i~y at least two (2) months I prior to the end of the Option Period or any extension ~fie~eef_aBd_ey_s~mi~eiag-witfi-S~eR-fletiee.a aea_rez~ftaable-pa~efte-eE-$i97ee9-ee-~ke-~i~y-fe~-the I fi~se_exeeRsieR-aRa-a-aea-~ef~aaele-pa~eat-ef-S te_tas_€ity-fer-eae-seeeaa-exEeasiea, thereof. l. The first request for an Option extension shall be I ~ubmitted to the City along with a non-refundable payment of $10,000. . ~ The second request for an Option extension shall be submitted to the City alonq with a payment of it I --.. .... . ~. ......\...n.i.. .. 1''-"\.'1 ....'->\.......'_.....' ~ - ~ ~ ...;. "-' -'oJ . -, ::.....'\~..__i' r .1...-"1.'. .;::........;..~~..._,- ..~ - , ..- -.~ '~'-"-"- r..o.__ . 'I "2/, I $20,000 which amount shall be refunded to Morris if development of the Morris/ATS Steel Property .. commences durin the second extension eriod pursuant to an approved contract or development and/or redevelopmenL of such pt'operty. C. Morris shall advise the City of its intent to exercise I its development rights within a sufficient time to permit the City to acquire the ATS Steel Property by negotiation or other means as permitted by law. It is intended that subject to the satisfaction of ~11 of r.h.. I conditions in Section 3.0(0), the City will use its best efforts to acquire the ATS Steel Property in order to tacilitate development plans submitted by Morris I which have been approved by the City. D. The City's obligation to pursue the acquisition of the ATS Property shall be contingent upon the following: I 1- Morris would present a development concept for the Morris and ATS Steel Property consistent with the I City's development regulations and providing for a development of such nature and quality as acceptable to the City in its sole discretion. 2. Continuing favorable tax increment financing I legislation in the State of Minnesota which will allow the City to reimburse itself for all costs at acquisition of the ATS Steel Property and all ~ related costs. 3 . A financial analysis indicating that tax increment I from the Morris/ATS Steel Property would be sufficient to reimburse the City for all of its costs relating to an approved Morris development proposal amortized over a period of time not to I exceed the remaining life of the tax increment financing district and allowing the City to meet all the "but for" and other requirements relating I to the provision of tax increment financing in connection with an improved Morris development proposa.l. 4. A commitment from Morris or a Morris developer I that it will develop or redevelop the Morris/ATS Steel Property as approved by the city. Th", commitment shall be in the form of an agreement I entered into between the City or the City's economic development authority, and Morris setting forth the terme and conditione under which the I parties would proceed with the implementation of the approved Morris Development proposal. 2 I .. I ~.:..' I ~. ~-.:. ~ l:.....\,~'.... 1 ~--,\."'I..; ~..:-...\.'"'.'....-1...1 .....;,. -..... -..;, " ,;,j .~c..IW\..)I.,,'_1 '-.\...-"1..': c..c.....\......_ol_\- :~_ <:...;....; ,0,,;,;,- ~_...;...:.. I' ~/3 I f' E. Nothing herein shall prohibit ATS Steel from using or otherwise developing its property consistent with the City's regulations and agreements. F. This is a non-binding Statement of Intent. I G. The City agrees that so long ae this Statement of Intent remains in effect, it will not enter into any I agreement with ATS Steel or any other entity or person, that would prevent or make it more difficult for Morris to obtain the development rights provided for herein and will not grant development rights in the Morris I property to any other person or entity. MORRIS COMMUNICATIONS CORPORATION I BY, I ITS: CITY O~ ARDEN HILLS I BY: -_....._~-_._- +- ..._._-....----..'..~..- Ie ITS: I I e/akllfterris.i!\2 b/ah/morris.in3 I I I I I 3 fI I - - ----. . ---. --..-.-- . - . ~ .... ~ -~ , _' ......~_.. ' . '._",--, ...........u..... .0- _~~ ,~~~ - _ __ I' &w.etT' 5 ~8 I SALES !\biD PURCHASE AGREEMENT " 1.0 PARTIES. THIS SALES AND PURCHASE AGREEMENT is made the day of , 1997, by and between Morris Communication Corporation, a Georgia corporation ("Seller"), and the city of Arden Hills, a Minnesota municipal I corporation ("City") 2.0 RECITALS. I A. Seller owns: l. Parcels A, B, C, and D ("Real Prope:-ty") located I in the City's Gateway Business District and described on Exhibit 1 attached; 2. All fences, buildings, structures and other I improvements (" Improvements") located on the Real ~roperty except for those Improvements owned by public and private utilities, or the structure~ for Billboarns 1 and 2 as hereinafter referenced; I and 3. Other rights ("Related Rights") benefiting or I appurtenant to the Real Property. B. Some of Seller's Improvements consist of four billboard signs and support structures ("Billboards" ) as numbered Ie and shown on Exhibit 2 attached. C. The Billboards are currently legal non-conforming uses I within the Gateway Business District. D. Generally, legal, non-conforming uses may continue in their current location but cannot be moved or expanded. I E. Gateway Business District regulations specifically provide that signs within the Gateway Business District I will be regulated by the City's sign regulations unless the City's Council modifies such regulationa baaed upon a determination that the modification is essential to further the purposes of the Gateway Business District. I F. The City is currently reviewing a development proposal ("Welsh Project") for land adjacent to and in the I vicinity of the Real Property. G. Concurrent with its review of the Welsh Project, the City has undertaken the construction of roads and I public utilities, as authorized by City Resolution No. 97-38 adopted on 7/28/97 (" Public Improvement Proj ect") which will immediately serve the Welsh Project and will eventually serve the remainder of the land adjacent to I the Welsh Project when such property develops or " I .)"::"'" Dj'CL.lL\.~~'." r~\..."\...'i DC.."\.J.'~"'-' .~_-~~''':; .... __ '.-.:...=....~:J'_.\ ,-...,-~,~ ~':""'\....Lf:.....--- :.._ :c,;."" ,c,...:.;.,;;. c..__ 'I ~I~ rcdevelop~. I H. On September 29, 1997, the City's Council determined: .. 1. That; facilitation of the Welsh project and construction of the Public Improvement Project are within the best interests of the City; II 2. That the cost of acquiring all of Seller's property rights. at the present time, is economically unfeasible or i.n Clny ..v..nr. could not II be accomplished in a timely manner; 3. That the purchase of some of Seller's property, the removal of some of Seller's billboards, and I the relocation of some of Seller's billboards are essential to facilitate the Welsh project and the construction of the Public Improvement Project. II 4. That the scope and quality of the Welsh Project and the construction of the Public Improvement Project are necessary to further the purpose of I the Gateway Business District and to further stimulate additional redevelopment within the Gateway Business District. I S. That pursuant to the terms of the proposed agreement with Seller, the total number of billboards located within the Gateway Business ~ Oistrict will be reduced and not expanded thereby ...,. furthering City's long-term goals of having all property comply with City's zoning regulations. I I. The Public Improvement Project will eliminate the need for a sanitary sewer line which currently runs approximately through the middle of additional land I owned by Seller and located adjacent to the Real Property. J. In order to construct the Public Improvement Project I which, in turn, will encourage the development and redevelopment of land adjacent to the Welsh Project, and in order to accomplish the goals of the Gateway I Business District, the City must, in addition to other matters: 1. Purchase Parcels A. B. and Co I 2. Obtain a temporary construction easement over Parcel DI I 3. Obtain a permanent storm water ponding and drainage easement over Parcel D; and 2 II -- I .}i.-" ....' .........\..:\.:.11........."'\..'. ..................'...1..' . - . ~ ..... - -- . ~1.....\..;;'..;.1 . ,'..._', _......\.... '..-. -. - -"".- ,<,.;'-"". - "--'- I' ?!te I 4 . Cause the removal of Billboards 1 and 2. ft K. Seller has agreed to convey Parcels A, B, and C; provide temporary and permanent easements over Parcel D; and cause t:he removal of Billboax'ds 1 and 2 by termination of existing leases provided that the City: I 1. Pay the purchase price for Parcels A, B, and C as described herein. I 2 . Follow all appropriate procedures as necessary to amend its Gateway Business District Regulations as hereinafter provided. I 3. Issue appropriate permits to allow Seller; a. to relocate and rebuild Billboard 3 wiehin I ~eR-fee~-ef-ias-e~~~eRe-Base-aRa-~p-~e-a aeigae-e€-eeR-aaa.eiena!-ieee~ as hereinafter provided. I b~ ~ to add a second panel to Billboard 4 and to relocate and rebuild Billboard 4 wiEaiR eeR-feee-eE-iea-e~~~eRe-base-aRa-~p-ee-a I kei~he-ef-eweney-aaaieieRal-Eeee~ as hereinafter provided. -- '- e~ ARy-aaai~ieRal-eaaR!es-aaall-~e~i~e-eae m~~Hal-eeRseRe-ef-ehe-~a~eiea~ 4. Execute the Statement of Intent regarding the I development of Seller's remaining property and adjacent property. 5. Vacat:e an existing sanitary sewer easement across I the remainder of Seller's property upon completion of the Public Improvement Project. I 3.0 TERMS AND CONDITIONS. In consideration of the mutual Ulldertakings herein expressed and in reliance upon the representations contained herein, the parties agree as follows: . A. Conveyance of Real Property. Seller shall convey to City by Warranty Deed tree and clear ot all liens and restrictions Parcels A, Band C and the Improvements I and Related Rights attached thersto. The consideration given by the City for such conveyance shall consist of the following: I 1. Adopting a resolution vacating an existing sanitary sewer easement over the remainder of Seller's property; I 2. Allowing Seller to retain the rentals from 3 ~ I -~'--" ...' ._'.....~.........' ..'-....-. ....:~.-~.:...'_....' ~ - ~ ~ .. ~ -. , ~. -.',-'. . ,--_\.. ....~..,....'_. -. - - -- -"--' .... -- ~ (rp> 'I Billboards 1 and 2 until the Billboard~ are I removed or for three months from the date hereof whichever event occurs first; and .. 3 . Agreeing not to specially assess any of the Seller's property for costs associated with the I construction of the public improvement project. 4 . Paym","L of $25,250.00 ill cash 01" guaranteed funds on the date of closing. I B. Conveyance of Easements. By execution of this Agreement, Seller hereby conveys a temporary I const1'uction easement to City over, under and across Parcel D. In addition, Seller shall convey a permanent easement over, under and across Parcel 0 fer purposes of storm water pending and drainage; together with a I permanent easement for ingress and egress to such area in order to physically maintain the storm water ponding and drainage area in the future, The permanent I easement shall be conveyed upon adoption of the zoning code amendments described in Section 3.0, I. hereof. The City shall be responsible for maintenance of Parcel D as a storm water pending area and shall indenUli[y and I hold Seller harmless against any damages caused by the City's negligence in maintaining such parcel for storm water ponding purposes. The parties agree that the pennanent easement has a ~ value of $45,000. Subject to the provisions of Section 3.0 (I) , Seller shall donate such permanent easement to I the City. The Seller shall retain the right to the joint use of Parcel 0 for storm water ponding purposes, if feasible, I when Seller develops the remainder of its property adjacent to Parcel o. C. TeL'nlinalion of Lease. upon execution of this I Agreement, Seller shall provide to the Tenants of Billboards 1 and 2 with notices of termination of lease. Such notices shall be given prior to December I 31, 1997. The City aCKnowledges that the support structures for Billboards 1 and 2 belong to Universal Sign Company and will be removed consistent with the. I terms of existing leases for such Billboards. D. Conditions Precedent. The obligations of City under this Agreement are conditional upon satisfaction of I Poach of the following: l. Title. Title shall have been found acceptable by City, or been made acceptable. in accordance with I 4 .. I _....... ..,.. ._._.....~.. .......... ..............-.....' ""_ .~ ....' .... ~~ ',,-,_.~__'.' ""'''-", .........~......_... _._ _'-". '''''"-'oJ'-....~.;. I ~8 I the requirements and terms of Section 3.0(E) (t below. 2. Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement as and II when required by this Agreement, including without limitation the following: a. Access. Seller shall allow City and City's I agents access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. City shall pay all costs and expenses of such II investigation and testing and shall hold Seller harmless from all costs ~~d liabilities relating to City'S activities. II b. Documents. Within ten (10) days after the date of this Agreement, Seller shall deliver to City true and correct copies of all the II D,ocuments (as hereinafter defined) for City's examination and analysis. I 3. Testing. Within ninety (90) days after the date hereof, City shall have determined prior to the Closing Date, that it is satisfied with the results of and matters disclosed by soil tests, Ie engineering inspections, hazardous waste and environmental reviews and other tests and inspections of the Real Property, all of which shall be obtained at City's sole cost and expense. II 4. Document Review. Within ninety (90) days of the date hereof, CiLy shall have determined that it is II satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendment thereto) I including, without limitation, the following (all of which are collectively referred to herein as the "Documents"): I a. To the extent available, results of soil tests, percolation tests, structural engineering tests, masonry tests, water, oil, I gas, mineral, asbestos, radon, formaldehyde, PCB or other environmental tests, inspection reports, market studies and core samples, if any, which relate to the Real Property or the I business carried upon therein and which are either in the possession of the Seller or owned by Seller. II 5 " II ------------ .jC.\-i--':'-.--Tl:l;:"\.~'''''' Ci'\..."\.,'" CC..."''"'............ .~_-~~-.;. c -~_ ,;:: :"""{,::'\../' l ;'.....'; .:.C:\....:.....~,- -- ---- :.. _ :..:.-:.:. ,~.;;;. = 1:..,' __ ~B 'I b. Leases, contracts. agreements or o~her . instruments affecting all or any portion of -- the Real Property (the "Contracts'), incl uding, without limitation, all warranties and guaranties given to, assigned to, OL' benefitting Seller or the Real Property. 5. Representations and Warranties. The I representations and warranties of Seller contained in this Agt"eement will be true now and on the Closing Date as if made on the Closing Date, and I Seller shall have delivered to City at Closing a certificate dated the Closing Date, signed by an authorized representative ot Seller, certifying I LhaL such representations and warranties are true as of the Closing Data {the "Bring-do'..m Certificate"} . 6 . City'S Option to Terminate. It any condition set I forth in this Section J,O(D} has not beel~ satisfied or waived by City before the Closing I Date, then City may terminate this Agreement at any time on Or before the Closing Date by notice to Seller. Upon such termination, neither seller nor City shall have any further rights Ot. . obligations under this Agreelnent. E. Title Matters. Title examination shall be conducted as follows: .. L Seller's Title Evidence. Seller shall, within twenty (20) days of the date hereof, furnish the . following (collectively, the Title Evidence") to City: a. Title Insurance Commitment. A commitment I ("Title Commitment") for an ALTA Form B 1992 Owner's Policy of Title Insurance committing to insure a marketable title to the Real I Property in City; subject only to the Permitted Encumbrances (as defined in Section J. 0 (El (2) , below); deleting so-called "standard exceptions" related to survey I matters, parties in possession, and liens for labor, materials, and services; including affirmative insurance regarding appurtenant I easements, separate real estate taxation, and contiguity, in the amount of the Purchase Price, and issued by First American Title Insurance Company (the "Title Insurer"). The I Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and 6 I -. I ..;:';" 1 I U' (~l ':"'\~'....'. l C l\..'t./l c..:...'I.....'..."'\.. . 4 _ - .. '-' ,j..~ _ . ,-'::" I ~.\..;..., , :- .>-"\", ;:...:..'<.......;.'_,- -. - ..,..,- ,;;....;.;;. -4 4 ~.:. I' in8 I b. UCC Search. ^ report of acc Searches made of ~ the Uniform Commercial Code records of the Secretary of State of Minnesota, made by said Secretary of State or by a search firm acceptable to City, showing no acc filings regarding the Real Property. I c. Existing Leases. Agreements with Universal Outdoor, Inc. regarding Billboards 1 and 2. I 2. City's Objections. Within twenty (20) days aftt<;r receiving the last item of the Title Evidence, City shall notify Seller of any objection to I marketability of title ("Obj ections") disclosed in the Title Evidence. City's failure to make Objections within such time period will constitute a waiver of City's right to make Objections for I the purpose of proceeding to Closing. Any matter disclosed by the Title Evidence and not so obj ectect to by City shall be a "permittect I Encumbrance" hereunder, other than mortgages, liens, judgments, and other matters that shall be satisfied and released by Seller at or prior to the Closing. Seller shall use reasonable efforts I to correct any Objections which shall include, if applicable. payment of any mortgages, judgments, liens or other encumbrances which can be cured by Ie the payment of money. If the Objections are not cured prior to the Closing Date, City will have the option to do one of the following by notice provided to Seller: I a. Terminate. Terminate this Agreement on or before the Closing Date. and upon such termination, and after such termination. I neither Seller nor City shall have any further rights or obligations under this Agreement. except for the Surviving I Covenants; b. Withhold Payment. Withhold from payment of the Purchase Price an amount that, in the I reasonable judgment of the Title Insurer. is sufticient to insure cure of the Objections and deposit any amo~t so withheld in escrow I with the Title Insurer, pending such cure. If Seller does not cure such Objections within thirty (30) days after such escrow is established, City may then cure such I Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such an I escrow is established. Seller and City shall execute and deliver such documents as may be 7 " I ---------- ------- "':::L...', :"',---,':',.,::'.:\.']>':'-;:-;-,.'\..,"'\." ..........\,.....'_......' ~_.. -J ., ~_ ..-~-I:....,\...:::'._, :.'~.~.. ':'':'5".i.'~'''- ~._ :...:'.,,; ,;:....;.;j.-.._...::.:..:: ~~ 'I reasonably required by the Title Insurer, and I Seller shall pay the charge of Title rnau rer .. to create and administer the escrow; or c. Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. I 3. Title Policy. Seller shall have furnished to City an owneL" , s title insurance policy ("Title policy") issued by the Tit.le In$ure:c pursuant to the Title I Commitment, or a suitably marked up Title Commitment initiated by the Title Insurer undertaking to issue such a Title policy within a I reasonable time in the form required by the Title Commitment as approved by City. ~. Closinq and Possession. The closing of the purchase I and sale contemplated by this Agreement (the "Closing") shall be no earlier than completion of title review by City, unless otherwise agreed in writing by the parties (the "Closing Date"). The Closing shall take place at I 10:00 a.m. local time at the offices of ~irst American Title Insurance Company, or such other place and time as may be acceptable to Seller and City. I 1. Seller's Closinq Documents. On the Closing Date, Seller shall execute and/or deliver to City the following (collectively, the "Seller's Closing ~ Documents") : .. a. Deed/Easements. A warranty Deed, in recordable form, conveying marketable title I to the Real Property to City, free and clear of all encumbrances, except, permitted encumbrances. I b. Owners Duplicate Certificate(s) of Title, Any existing owner's duplicate certificate(s) of title to the Real Property; I c. Title Policy. The Title Policy, or a suitably marked-up Title Commitment, as II provided for in Section 3.0(E) herein; d. Seller's Affidavit. An Affidavit by Seller indicating that on the Closing Date there are I no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involVing Seller or the Real Property; for which Sellers are responSible; that there has been I no skill, labor. or material furnished to the Real Property for which payment has not been made or forawhich mechanics' liens could be II -- I .,:,~ ,. ,.:., L . ,- C (Co\''':'\'''' .- ,~"I.,J: r:....:...\....'.."I., 1 ';' _ - . . -...:; . ..; ;."; ,'"..::.. I c.....-<:.:;,'...' ,,<~4_'. .:...:...'="."".....-t- _. _ ...._ I u'.ooJ' - _ ... .' 'Ita I filed and for which Seller is responsible; ~ and there are no other unrecorded in~ereB~s in the Real ~roperty for which Seller is responsible, together with whatever standard owner's affidavit as may be required by the Title Insurer to issue the Title Policy in I the form required by SectiOn 3.0(El hereof; e. FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, I containing such information as is required by TRe Sect:ion 1445(h) (2) and its re~llat:ions; I f. Well Disclosure Statements. A Well Disclosure Statement, properly executed and in recordable form, diSClosing any wells exi,st.tng on r.he Real Propert.y or, if no I w~lls, a statement to that effect on the Warranty Deed; I g. Bring-Down Certificate. The Bring-Down Certificate. h. Resolution. A current corporate resolution I of Seller, authorizing the transaction contemplated by this Agreement and the execution and delivery of Seller's Closing Documents or an Opinion of Counsel that Ie Seller has properly authorized the transaction, execution and delivery of the Closing Documents; and I 1. Statement of Intent. A statement relating to area development rights attached as Exhibit 3. I j. Other Documents. All other documents reasonably determined by City to be necessary I to transfer the Real ~roperty to City free and clear of all encumbrances, except the Permitted Encumbrances. I 2. C~~y's Clo~ingOo~~ments. On the Closing Date, City will execute and/or deliver to Seller the following (collectively, "City's Closing Documenl;on) : I a. ~urchase Price. The balance of the Purchase Price to be paid as required by Section I 3.0(2) hereof; and b. Title Documents. Such affidavits of City or other documents as may be reasonably required I by the Title Insurer in order to record 9 t' . ..:::c..l~ui 'I.~c..l:"""\":::'..." 1'1"\..."\.'1 UL...:(.....f~-\:, '&_ &.-'; _... _ :.~,.; : :j,~.::..: c: 1 J.. --------.--- C &:' . r-':'l c...\~'...' \ ,- .'\........r: ~c.\......I;.'"\- 'ey( & I I Seller's Closing Documents and iss~e the Title Policy required by Section 3.0(6) of -- this Agreement. C. Statement of Intent. A statement relating to area development rights attached as Exhibit 3. I G. Prorations. Seller and City shall make tte following proL"atiol1s and allocations of taxes, assessments and other expenses at Closing: I 1- Title Insurance and Closing Fee. Seller shall pay the cost of the Title Evidence. City shall pay the I premium for the Title Policy. Seller and City will each pay one-half of any reasonable and customary closing fee or charge imposed by the Title Insurer or its designated closing agent. I 2 . Deed Tax. Seller shall pay all state deed tax due on the Warranty Deed(s) to be delivered by Seller under this Agreement. I 3 . Real Estate Taxes. Seller shall pay all general real estate taxes payable for any year prior to I the year of Closing. Seller and City shall prorate the general real estate taxes payable in the year of Closing based upon the calendar year. 4. Special Assessments. Seller shall pay at Closing ~ all special assessments levied, pending, deferred or constituting a lien against the Real Property I as of the Closing Date. S. Recording Costs. Seller will pay the cost of recording all documents nscessary to place record I title in Seller in the condition warranted by Seller in this Agreement. City will pay the cost of recording all other documents. 6". Utilities. Seller shall cause all meters for I utilities to be read during the daylight hours on the Closing Date, and Seller shall pay all charges I for all utilities through that time. H. Operation P~ior to Closing. During the period from the date hereof through the Closing Date (the "Executory I Period"), Seller shall operate and maintain the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, I including without limitation, the maintenance of adequate liability insurance and insurance against loss by fire, windstorm, and other hazards, casualties and contingencies, including vandalism and malicious I 10 -. I ..)c.. ~ I U I ..-.::. I .:...'\,,)...... ~ r .\.."'\.." uc....'\""~.~. "- .. -.;. " .- : .:. l ~"\.~'.... i ,- ,';_"'\..'. ,:"~.'\",,.'~~- - ~ . ~ - ~._ ___ I~~V.- ~ .~ I' . "/18 I mi!lchief. Seller shall bcar che risk of 105s or damage ,. to the Real Property through the Executory Period. However, during the Executory Period, Seller shall not execute any contracts, leases or other agreements regClr<.ling the: Real Pruperty that are noc terminated prior to the Closing Date, nor perform any act that I would impair or encumber the title to the Real Property, without the prior written consent of City. City may enter upon the Real Property and easement I areas for the purpose of constructing public utilities. 1. Post-Closing Matters. The following obligations of the parties shall survive the Closing. I l. Gateway Zoninq Ordinance Amendment. Cicy shall conduct a public hearing, take all other legal I steps necessary and amend the Gateway Business District Zoning Ordinance to add a section to read as follows: "Any billboard located in the GB District may be expanded, altered, relocated or I otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authorized by the City of Arden Hills in connection with a I transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards. located within .. the OB District" (the "Zoning Text Amendment"). 2 . Issuance of Permits. Upon completion of the Zoning Text Amendment, the City shall give the I necessary zoning approval, issue the necessary permits and take all other steps required for City to issue appropriate permits to allow Seller to I relocate and rebuild Billboard 3 in the general vicinity of its current location; and to allow Seller to add a panel to Billboard 4 of the same size as the current panel on Billboard 4. Such I changes shall not include an increase in the height of the Billboards or a substantial change in the location of Billboard 3 without mutual I consent of the parties. ih ~illeeara'baaasea~tft~~ 3- Billboards 3 and 4. Seller shall work with the City in determLning the I necessity of landscaping improvements for Billboards 3 and 4. In addition: a. Seller ma relocate and or rebuild Billboard I 3 within a radius of ten (10 eet from ita current base and ma increase the hei ht of Billboard 3 beyon ita current heiqht by up I to ten (10) additional feet or by such additional heiqht as is necessary to clear 11 t' I ~""'" ..;., . '- I ........\.~\..;,. .-,,-"'1,.'. ~'-I""""M"\.' . ~ _ - ~ ~ '" ~ . , _. - ,-.. ,,,- ~_._~ ,... - .. - ~ ~ - ......_"'. - --. .... . 'I t1{(B I visibility from the 1-694/1-3SW b~idge, whichever additional height ;s less. Any .. additional change to the locati9~ or he~ght of Billboard 3 shall require the m~tual consent of the parties. b. Seller may add a second advertisi~g panel to I Billboard 4 of the same size as t~e eXistina panel, may relocate and/or rebu::d Billboar 4 within a radius of ten (10) feet from its current base, and may increase the height of I Billboard 4, beyond its current height, by up to twenty (20) additional feet s~iect to the following conditions: I 1- Seller may not make any char~es to Billboard 4 from the date 0: this Aqreement until March 1" 1999 ("Interim I Period") . 2. During the Interim Period, Seller shall contact owners of adjacent property I ("Vauqhn Property") and pursue all reasonable efforts to negotiate an exchange,of a line of site easement over I the Vaughn Property for an access easement Over the Seller's oroperty or for some other consideration as aqreed to by Seller and the owners of the ~ Vauqhn Prooerty. Sellel' shall advise the City in writing on a bi-weekly basis of the status of its negotiation I efforts. It is the intent of the parties that a successful negotiation with the owners of the Vaughn Property would eliminate or lessen the need to I increase the height of Billboard 4 by the maximum of twenty (20) additional feet. I 3. During the Interim Period, Seller shall contact the Minnesota Department of Transportation (~~OT) and oursue all I reasonable efforts to neqotiate the removal of or trimming of certain trees within the MNDOT riqht-of-wav that I currently obstruct the view of Billboard 4 from westbound traffic on I-694. Seller shall advise the City in writinq on a bi-weekly basis of the status of I its negotiation efforts. During the Interim Period, the City shall also pursue reasonable efforts to persuade MNDOT to allow the removal or trimminq I 12 .. I ...".....', ..... .'-,....,,-"..., '."-,-" ........................c.-....' ~ - ~. .... - . . _, ~\....:'.. , . ,\..,.....'~ ....Li\.....;."_~- .._ _~~ ,....~.....- ~. L~ .' l~ 118 I of the obstructinq trees. It is the I' intent of the parties that a successful negotiation with MNDOT would eliminate or lessen the need to increase the height of Billboard 4 by the maximum of twenty (20) additional feet. I 4. If the Seller's neqotiations with the owners of the Vauqhn Property and M.~DOT are successful, the heiqht of Billboard I 4 shall not be increased beyo~d its current heiqht. I 5. Any other chanqes to the location or height of Billboard 4 shall require the mutual consent of the parties. I 4. Future Development. Although the City is interested in seeing office buildings placed on the remainder of the Seller's pruperty, the City I will cooperate with Seller to develop such property in a manner that is practical and consistent with the City's development regulation and attached Statement of Intent. City will not I condition the development of Seller's remaining property upon the removal of Billboards 3 and/or 4 . .. s. Permanent Storm Water Easement. Seller shall convey the pe~~anent sto~~ water easement upon adoption of the Gateway Zoning Ordinance Amendment I referred to in Section 3.0(I) (1) above. J. Representations, Warranties and Indemnity by Seller. Seller represents and warrants to City as follows: I 1- Orqanization; Authority. Seller is a duly organized Georgia corporation and is in good I standing under the laws of the State of Georgia; Seller is duly qualified to transact business in the State of Minnesota; Seller has the requicite organizational power and authority to execute and I perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized I by all necessary corporate action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does I not conflict with or result in a violation of Seller's Articles of Incorporation, Bylaws or any judgment, order, or decree of any court or arbitrator to which Seller is a party, or any I agreement by which Seller is bound; and such 13 " I --~I:.. ~ i u'"( C I c..\~v." -( i\..-\.(; DL'\\.J-Il.:\.. \ ". _ - .... ...." -::: ~.:, ";":. ~ :.;'\,:),~ " .. ,~--l( .:..::...'<:',......':.1.- ~ . _ :...;.... 10"';;::"': '" l ~ \"Il(e '1 I documents are and shall be valid and binding obligations of Seller, enforceable against Seller -- in accordance with their terms. 2. Title to Real ~roperty. As of Closing, Seller owns the Real Property, free and clear of all encumbrances except the Permitted Encumhrance~ d$ I defined in Section 3.0(E) (2). 3. Compliance with Laws. The Real Property and the I current use thereof fully compliee with all existing state and federal regulations concerning the maintenance and operation of the Real Property, including building, health and safety, I fire safety, and environmental codes and laws. No notice of violations of the same have been received. 4. Litiqation and Other Matters. Except for the I City's condemnation action in connection with the Real Property, Seller has received no notice, cnd I has no knowledge of any pending notice. of Ii violation of any federal or state statutes, ordinances, regulations, judicial decrees, or orders, or the pendency of any lawsuits, I administrutive or arbitration hearings, governmental investigations, proceed; ngs, applications, petitioners, or other matters ~ affecting the Real Property and the use thereof. 5. Riqhts of Othere to Purchase Real Property. Seller has not entered into any other contracts, I agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property. I 6. Private Restrictions. There are no private restrictions or agreements with any public authority that will not appear in the Title I Commitment and that will affect the present or future uses that may be made of the Real Property, including but not limited to size or cost of I buildings or structures; limitation on use or restrictions in regard to fences, roofs, garages, ~Id heights of buildings or structures, except for building and zoning codes; agreements to subject I architectural plans to an association or other group; provisions requiring improvements, provisions requiring the joining of others in group actions; or restricLlons imposed on the Real I Prop~rty due to its historical significance. 7. Hazardous Substances. Seller has not placed, I caused to be placed, or knowingly allowed to be 14 -. I ~~\j 0, I-CI~"':JV:\ rI.'C--l.!l 0..:.........,;,'_.....' .. - ~ ~ ,-,. ,,; . -:. ",::" ~.\:;.~. \ ; '\.'\.'; .:..::..\....-,--..- ~._ :''':;'''' .-:'-"';';.- '.J. ~~ I' . '''~ I placed thereon any toxic or hazardous substances, ,. wast.es, pollutants, or contaminant.. (incl uding without limitation petroleum products) as defined in any federal, state or local environmental statute, regulation or ordinance on the Real Property. To the be~t of Seller's actual I knowledge, no substances or conditions exist in or on the Real Property that may support a claim or cause of action under any federal, s:ate or local 1 environmental statutes, regulations or ordinances. No above-ground or underground tanks are located in or about the Real Property or have been located unde r , ~n, or about the Real Property and have I subse~Jently been removed or filled. To the exLent storage Lanks exist on or under the Real Property, such storage tanks have been duly registered with all appropriate regulatory and 1 governmental bodies and otherwise are in compliance with applicable federal, state, and local statutes, regulations, ordinances and other I regulatory requirements. There are no welle or individual sewage treatment systems on or serving the Real Property. I 8. f"IRPTA. SelleL' is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estatell . as those terms are defined in Section Ie 1445 of the Internal Revenue Code. 9, Lease Documents. The lease documents delivered to the City and described on Exhibit J attached are ~ I complete set of existing agreements for Billboards 1 and 2; and Seller has not entered into additional written or oral agreements regarding Billboards 1 and 2, I 10. Indemnification. Seller will indemnify City, its successors, and assigns, against, and will hold I City, its successors, and assigns, harmless from any expenses or damages, including reasonable attorney's fees, that City incurc because of the I breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. I K. Representations, Warranties and Indemnity by City. City represents and warrants to Seller that City is a municipal corporation duly organized in the State of Minnesota; that City is duly qualified to transact I business in the State of Minnesota; that City has the power and authority to execute this Agreement and any City's Closing Documents signed by it; that all such I documents have been duly authorized by all necessary corporate action on the part of City and at the Closing 15 fI I "':l.-'; ...., ...... ,........\...lv.. f,".-"\,.': :......\~.'_-~, --------- . - .. -' - .- . -' - --. . ,',.""\.'. .....'-.,~.._., ~ . - ~ --.... : ....'....... - ..... .. . '1 V1t6 I ahall have been duly ex~eut~d and delivered; that the execution, delivery, and performance by Cir.y of such -- documents does not conflict with or violate City's Articles of Incorporation, Bylaws, or any judgment, order or decree of any court or arbitrator Or any agreem~nt by which City is bound; that all ~uch documents are valid and binding obligations of City and I are enforceable in accordance with their terms; and that it will not condition dev~lopment of Seller's remaining propeI'ty UPUll the removal of Billboards 3 and/or 4. I L. Broker's Commission. City and Seller represent to each other that they have nOt had any dealings with any I bl'oker or finder in connection wiLh Lhe transactions cont~mplat~d by this Agr~~m~nt. Seller shall indemnify and hold City harmless from and against any and all liability to which City may be subjected by any I broker's, finder's, or similar fee with respect to the transactions contemplated by this Agreement to the extent such fee is attributable to any action I undertaken by or on behalf of Seller or any affiliate of Seller. City shall indemnify and hold Seller harmless from and against any and all liability to which Seller may be subjected by reason of any I broker's, finder's or similar fee with respect to the transactions contemplated by this Agreement to the extent such fee is attribucable to any action .. undertaken by or on behalf of City. M. survival. All of the covenants, representations and warranties made in this Agreement or in any schedule!, I exhibit, certificate, or document delivered in connection with this Agreement will survive and be enforceable after Llle Closing. N, Notices. Any notice required or permitted under any I provision of this Agreement shall be in writing and shall be deemed to have been give, and if sent by I certified or registered mail, postage prepaid, to a party at its address set forth below or to such other address as a party may designate by means of notice given hereunder to the other party: I If to Seller: Morris Communications Corporation I With a copy to: William Hale Barrett I If to City: Brian Friteinger I City of Arden Hills 16 -- I -'--" ..... ..... .....~_.-..-. . ....... ..........,,--'-.., . - .. .., - .- , .... -,',...', ' "'-'\.,, _.....-~'"'.._, .. _ ~ _ _ '..J";..J' -. ~ ... I' . 17/18 1 l4S0 West Highway 96 " Arden Hills, MN 55112 O. CaPtions; Exhibits. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement. and I are not to be considered in interpreting this Agreement. All schedules, exhibits. addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. I P. Entire Aqreement; Modification. This written Agreement constitutes the complete agreement between seller and I City and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be I effective unless in writing and executed by both Seller and City. I Q. Bindinq Effect. This Agreement binds and benefits Seller and City and their respective successors and assigns. I R. Controlling Law. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. Ie S. Waiver. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall I be deemed a continuing waive or waiver in respect to any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. I T. Further Assurances. At any time from time to time after the Closing Date, each party shall, upon request of another party. execute, acknowledge and deliver all I such further and other assurances and documents, and will take such action consiseene with the terms of this Agreement as may be reasonably requected to carry out the transactions contemplated herein, and to permit I each party to enjoy its rights and benefits hereunder. U. Preclosing Remedy. Notwithstanding any other provision I of this Agreement. if Seller or City are unable to perform any of their respective preclosing obligaeions, or if City discovers any condition in connection with the property including, but not limited to, title, I environmental or survey matters, the exclusive remedies of either party shall be to cancel this Agreement in which event, neither City or Seller will have any further obligations hereunder, I 17 if I ------.---- ~-'::::'-i;--.:J'-----'--;-~'::"'\.";;;\,,'1 \"."-.'-" .::;w\......:.'-'---, .. - .... ..... ...;. - .i."':; "...' __\....;;'.. _' '1"-.""\." ..:........\......'.."\ ~ _"_ -~'-''-' ,':',-,"':;.-..~. J.~ . '1 lafrb v. Po~t Closinq Remedies. Notwithstanding any other I provision of this Agreement, if City defaults in the .. performance of its post closing obligations under this Agreement, Seller shall have the right to seek monetary damage s (excluding consequential damages) in connection with the City's failure to perform pursuant to Section 3.0 (I) . I IN WITNESS WHEREOF, the parties have hereunto executed this Agreement. SELLER: I MORRIS COMMUNICATIONS CORPORATION BY: I ITS: CITY OF ARDEN HILLS I BY: I ITS: I BfAHfmorri8~pa4 .. B/AH/morris.paS I I I I I I J.S I -. I ----------- - ~'"------ I" , ~~1611 C ~ I '" G) "' <<J ~ CD <J) ... ... ..c: ..c: 00 00 5 ~ - 'M 'M '" Cl. ~ " " ~ i '" x ..c: ..c:~ < .... ~ III "' "' " 0 0 ~ c:: .... .... "' i: ~ <<J en o ~ < ~ " 0 '" III ~ g '" ; ~ z ... ... "" -' ~ f ~ i: " :'i " " w ~ ~ ~ !:! :it " 00 u ul < " ~ il! " ~ ~ 0 Il)i ""' ""' "' cr > ~ ~ ~ '" ~ 2 'M <( '" 0 i( i( u . c ~ !Ii '" I 0 o u a. '" '" " " " '" ~ ~ III M~ M -< "'N<<J w 5 w ~ ~ ~ '" '" '" ... Cl z u ~ "" "" ""' ~ < ~ x ~ III W < ;, ... 0 0 z < < ~ 0 Q. () X "'.... "'....... u: I . II: ... ... Ul " ~ '" " ~ w " " '" '" " ; i ~ <( Wffi . <<J "" <<J "" <<J ~ o '" N '" ; i i I o ::l o ::l " Cl " " ~ " '" ; i .. ,a ,a Z~ ; ....'" 1'-l'"Cl-"Q ....'" ...."'''' i 'M <<J .,.., <<J <<J i "'~ "'~ I I 1 ! I I 1 i i I . . Cl w Z :;:) l<: 0 <( cr -' ;\ > ~ ffi ~ J 6lrL MSg ~Sl:GJ.N ~- on ~ , -~.,.....":. ::-'~.: ;::.< ..~.. _.v ~-~~-'-'----""::'~~-r.->-o--_.-... ..x ~~:'.--'- ----.-----..-~------~ --~-.-- -......- I' , I CITY OF ARDEN HILLS ~ MEMORANDUM DATE: December 12, 1997 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrat@ SUBJECT: Purchase and Sale Agreement, Welsh Development Company, LLC I Requested Action I The City Council is asked to consider the approval of the Purchase and Sale Agreement between the City of Arden Hills and Welsh Development Company, LLC. I Background The City Council, at its September 22, 1997 Special meeting, reviewed and approved the Purchase and Sale Agreement with Welsh. Since that time, substantial changes have been made I to the agreement, and staff would like the City Council to review these changes. The agreement initially approved by the City Council contained several key underlying assumptions. They included: .. 1. The purchase price for the property is $408,640. Assuming that the developer I adheres to the prescribed build out schedule, $85,255 of the purchase price, the "Remaining Portion" may be forgiven; otherwise $85,255 is due and payable on December 31,1999. I 2. At closing, the purchaser shall pay to the seller $323,385 by cash or certified check. This purchase price will be reduced by $4,060 to remove gas piping on the I property, and $8,210 to remove water main piping on the property. Thus, the net cash at closing was expected to be $311,115 ($323,805 - $4,060 - $8,210). I 3. Assuming that the Kem Milling foundation removal costs are not known at the closing, an amount not to exceed $61,405 shall reimburse the purchaser for such costs at the time that they are known. I 4. Additionally, the purchaser has agreed to upgrade the brick exterior of Phases II, III and IV. Seller has further agreed to reduce the purchase price by up to I $200,000 for the purchaser documented cost of such upgrade. I Therefore, the City's expectation of funds to be remitted by Welsh to the City at the time of closing by cash or certified check was as follows: it I ------ ------------ , -. Memorandum - Purchase and Sale Agreement, Welsh Development Company, LLC I Page Two December 12, 1997 -- Description Total City Welsh I. Total Purchase Price $408,640 I 2. Less "Remaining Portion" (per build out schedule) ( 85,255) $ 85,255 $85,255 I forgivable contingent receivable liability 3. Less Gas Piping Removal ( 4,060) I 4. Less Water Piping Removal ( 8.270) 5. Net Payable at Closing $311,115 I 6. Subject to further reductions for: I a. Kem Milling Foundation Possible Documented Removal ( 61,405) City Actual Costs I Reimbursement b. Exterior Brick Updates Possible Documented ~ Phase II, III & IV (200.000) City Actual Costs Reimbursement I 7. Lowest Possible Sales Price $ 49.710 Ongoing Negotiations I As the City Council is aware, negotiations with Welsh have continued as late as one week ago. The change in site plans, discovery from construction and financing requirements have caused I many issues to be brought to the table. During this time, Welsh representatives raised the issue of not having sufficient financing to deliver $311,115 in cash or certified check at closing. They proposed having an immediate write down to $49,710 at the time of closing. City representatives I objected to this proposal as the leverage of having Welsh perform on a not to exceed basis with respect to both the foundation removal ($61,405) and the brick upgrade $200,000) would be I gone. The Council might recall that the approvals granted for additional assistance were based upon some stringent "not to exceed" language. The basic issue of contention was trying to develop language acceptable to both parties which incorporated the intentions of the City I Council. Current Purchase Price I As a result, staff negotiated additional language under Section 2 of the agreement which meets the spirit of the original purchase price and addresses both parties' concerns. This language is -- based on the following: I I' I Memorandum - Purchase and Sale Agreement, Welsh Development Company, LLC " Page Three December 12, 1997 1. At the time of closing, obtain the following from Welsh: I a. A certified check in the amount of$49,710; and I b. A Performance Bond from Welsh LLC requiring up to $250,000 in soil correction work to be completed by May 1, 1998; and I c. A Promissory Note from Dennis Doyle, the President of Welsh Development Company, LLC, with a personal guarantee, in the amount of I $261,405, ($61,405 + $200,000). The Note would be due and payable on May 1, 1998. I 2. Upon satisfactory completion of the foundation removal and soil correction work (on May I, 1998): I a. Welsh would issue a cashier's check to the City in the amount of $261 ,405 as indicated in the Promissory Note; and Ie b. The City would remit up to $250,000 to Welsh for documented soil correction project costs; and I c. The City would remit up to $61,405 to Welsh for documented foundation removal project costs; and I d. The City would establish a $200,000 escrow account for future brick upgrade costs on Phases II, III and IV. I 3. As the build out phases are completed: I a. The City would remit up to $200,000 from the escrow account to Welsh for documented, incremental brick upgrade exterior costs for Phases II, III and IV as they are completed. I 4. If270,OOO square feet are not constructed and occupied by December 30,1999, the "Remaining Portion" of the original purchase price ($82,255) becomes due I and payable to the City of Arden Hills as prescribed by the Purchase and Sale Agreement. I Are There Any Other Significant Changes to the Agreement? No. The other changes are primarily non-substantial in nature. .. I ------- '. Memorandum - Purchase and Sale Agreement, Welsh Development Company, LLC I Page Four December 12, 1997 -. RecomlI\endation The City Council is asked to approve the Purchase and Sale Agreement for the sale of property to I Welsh Development Company, LLC substantially in the form presented, subject to non- substantial changes being approved by the City's development attorney and City Administrator. This would also authorize the Mayor and City Administrator to execute all necessary I documentation. BF/sls . I I I ~ I I I I I I I -. I DEC-12-199? 10:39 BRADLEY 2. DEWE, P.A. 612 926 5743 P.02 I' I December 5, 1997 f' PIlRr.IIAS~ AND S~l ~ AGREEMENT THIS AGREEMENT is made as of the _day of December, 1997, by and between the I City of Arden Hills, a statutory city under the laws of the State of Minnesota, whose principal business address is 1450 West Hiihway 96, Arden Hills, Minnesota 55112 ("Seller''), and Welsh Development Company, LLC, a Minnesota limited liahility company, whose principal business I address is 8200 Normandale Bouleva~d, Suite 200, Bloomington, Minnesota 55437-1060 (''Purchaser'') . I For and in consideration of the mutual covenants hereinafter contained, Seller and Purchaser agree as follows: I 1. PROPERTY. Fo~ the price and upon and subject to the terms and conditions hereinafter set forth, Seller agrees to sell and convey to Purchaser and Purchaser I agrees to purchase from Seller the following described property (collectively, the ''Property''): (1) The parcels of land in the City of Arden Hills, Ramsey County, I Minnesota, and legally described in Exhibit A attached hereto and made a part hereof (the "Land"); .. (2) All buildings, structures and all other improvements, if any, located on the Land (the Improvements"); I (3) All right, title and interest of Seller in and to all private streets, roads, avenues, alleys and passageways, opened or proposed, on the Land; and (4) All and singular the estates, rights, privileges, easements, and I appurtenances belonging or in any way appertaining to the Land and the Improvements. I 2. PURCHASE PRICE. The Purchase Price for the Property shall be Four Hundred and Eight Thousand Six I Hundred and Forty Dollars ($408,640.00) (the "Purchase Price") and shal1 be payable as follows: (1) At ''Closing'' (as hereinafter defined), the Purchaser shall pay to the Seller I by cash or certified check made payable to the Seller Three Hundred Twenty Three Thousand Three Hundred Eighty Five Dollars ($323,385.00), subject to the possible reductions described in this Section 2. I (2) If certain construction which is consistent with the pending approval by the Seller in Planning Case 97-06, as shown in such pl""";,,g documents, takes place as I fIj I DEC-12-1997 10:39 BRADLEY 2. DEWE, R.A. 612 926 5743 P.03 '. provided in this paragraph, then all or a portion of the remaining portion (the "Remaining I Portion") of the Purchase Price will be forgiven by the Seller. as provided herein. The .. Remaining Portion of the Purchase Price is Eighty Five Thousand Two Hundred Fifty Five Dollars ($85,255.00). If the Purchaser commences construction of a phase of the improvements descnoed in Planning Case 97-06 by May 1,1998, completes construction I of at least 100,000 square feet of improvements by December 31, 1998, completes construction of at least 170,000 aggregate square feet of improvements by August 30, 1999, and completes construction of at least 270,000 aggregate square feet of I improvements by December 30, 1999, then the Remaining Portion of the Purchase Price shall be forgiven in whole. If the Purchaser shall fail to commence or complete the improvements, or any portion thereof, consistent with the pending approval in Planning I Case No. 97-06 at the times stated in the preceding sentence, then all or a portion of the Remaining Portion may, at the option of the Seller. be declared due and payable. The amount of the Remaining Portion that shall be due in such event shall be determined by I multiplying the Remaining Portion by a fraction, the nwnerator of which is the total square footage of improvements the construction of which has been completed and for which a certificate of occupancy has been issued by the Seller as of the date on which the I Seller is entitled to declare the Remaining Portion due, and the denominator of which is 270,000. In such event, the Remaining Portion, or part thereof, will be due and payable by the Purchaser by cash or certified check on within ninety (90) days after demand by I the Seller; provided that if the Purchaser has not paid the Remaining Portion to the Seller by a date thirty (30) days after demand by Seller, interest shall accrue on the unpaid Remaining Portion from such date until paid at the rate of interest equal to two (2) .. percentage points over the Prime Rate in effect as of such date as announced by Norwest Bank of Minneapolis. (3) The Purchase Price shall be reduced by $4,060 to compensate the I Purchaser for its cost of removing gas piping located on the Property and by S8,210 to compensate the Purchaser for its cost of removing water main piping on the Property. I Such reductions shall occur on the Closing Date and shall reduce the amount to be paid by the Purchaser on the Closing Date. (4) The Purchase Price shall also be reduced by up to $61,405 to reimburse I the Purchaser for its costs of removing the foundation of the fonner Kern Milling facility on the Property. The amount to be reduced on account of such foundation removal costs I shall be determined based on the contract entered into by the Purchase for such work but shall not exceed $61,405. This reduction in the Purchase Price shall occur at the time and in the manner described in subsection 2(6) below. I The Purchaser has agreed to upgrade the improvements descnoed in (5) Planning Case 97-06 through the installation of brick exterior on each ofthe buildings to I be constructed. Such upgrade will result in additional costs to the Purchaser. Therefore, in order to induce the PUIChaser to undertake such upgrades, the Seller agrees that it will further reduce the Purchase Price by up to S200,000. Such reduction in the Purchase I Price shall be accomplished through the Seller's reimbursement of the Purchaser's COits 2 -. I I' DEC-12-1997 10:40 BRADLEY 8. DElVE, R.A. 612 926 5743 R.04 I of installing the brick cxterior on each of the buildings to be constructed pursuant to " Planning Case 97-06 and shall occur in the manner and at the time described in subsection 2(6} below. (6) The reductions in the Purchase Price described in subsections (4) and (5) I above shall be accomplished as described in this subsection. The amount of the Purchase Price to be paid at the Closing shall be reduced by $261,405, in addition to the reductions I described in subsections (I) and (2) above if the Purchaser satisfies all of the following conditions as of the Closing Date: I (a) the Purchaser delivers to the Seller a payment and performance bond, in a form and from an obligor acceptable to the Seller, under which the obligor agrees to perl'orm by May 1, 1998, the Purchaser's obligations to compete at least I $250,000 of soil correction work as described in section 3.4(f) of the Contract described in Section 5 of this Purchase Agreement; and I ('0) the Purchaser delivers to the Seller a Promissory Note (the "Promissory Note''), in a form approved by the Seller, by which the Purchaser agrees to pay to the Seller on May I, 1998, the sum of $261,405, together with interest from May I 1, 1998 at the rate of _% per annum until paid; and (c) the Purchaser delivers to the Seller a guaranty, in a form approved by the Ie Seller, pursuant to which Dennis Doyle agrees to guarantee the obligations of the Purchaser under the Promissory Note described in ('o) above. I If the Purchaser satisfies conditions (a) to (c) above, the amount of the Purchase Price that shall be payable at the Closing shall be $49,710. I On May 1, 1998, the Purchaser shall pay the Seller in cash or certified funds the 5\UIl of $261,405 evidenced by the Promissory Nole. The Seller shall use up to $61,405 of such fllIlds to reimbum: the Purchaser for its actual and documented costs of foundation I removal described in subsection 2(4). To the extent that the Purchaser has not incurred and paid the full $61,405 in foundation removal costs as of May 1, 1998, the Seller will reimburse the Purchaser for so much of such costs as have been paid and will reimbW'se I the Purchaser for the remainder of the $61,405 at such time as the Purchaser provides the Seller with documentation of such costs. The Purchaser shall be responsible for the payment of any costs offoundation removal that exceed $61,405. I The Seller will use the remaining $200,000 of the Purchaser's payment under the Promissory Note 10 establish an escrow accotmt from which will be disbursed from time I to time fimds to reimburse the Purchaser for its actUal and documented costs of brick: installation described in subsection 2(5) above. The form of the escrow agreement and the identity of the escrow agent shall agreed upon by the Purchaser and the Seller and all I escrow fees shall be paid by the Purchaser. Disbursements from the escrow account shall be made by the escrow agent upon request by Purchaser, but not morel often than tI 3 I DEC-12-1997 10:40 BRADLEY :1 DEWE, R.i'<. 612 926 5743 R.05 '1 monthly, and upon the escrow agent's and the Seller's receipt from Purchaser of . evidence, in a form reasonably satisfactory to the escrow agent and the Seller, showing -. that the brick exterior has been installed in accordance with the plans approved by the Seller and that the Purchaser has paid the cost thereof. In the event that the final documented cost of the brick installation, as shown in the plans approved by the Seller, is I less than $200,000, any funds remaining in the escrow account shall be remitted to the Seller. Any interest accrued on the escrowed funds shall be the property of the Seller. In the event that the cost of the brick installation, as shown in the plans approved by the I Seller, exceeds $200,000, such excess cost shall be paid by the Purchaser. 3. SURVEY. I The Purchaser has caused a certified ALTAI ACSM survey of the Property ("Survey") to be prepared by a surveyor licensed by the State of Minnesota. The Survey has been certified to I Purchaser and the Title Company and shows (a) the location by coW'Ses and distances of the Property with al J boundaries staked, (b) all easements on or appurtenant to the Property, (c) all encroachments, the extent thereof and established building lines, (d) the location of all means of I ingress and egress to and from the Property and to and from all abutting public streets, (e) the size and location of all Improvements, if any, on the Property, (f) the topographical features of the Property at one foot contour intervals (g) all applicable setback. lines, (h) the area of the I Property, and (i) such other pertinent facts as have been requested by Purchaser. The Survey is accompanied by a cunent surveyor's certificate in a Conn reasonably acceptable to Purchaser and the Title Company. Purchaser shall be responsible for the cost of the Survey. ~ 4. TITLE. (A) Within twenty (20) days after the date hereof, Purchaser sb.a1l obtain from the I Title Company a cOmnUbnent (the "Title Commitment") {or a standard ALIA Form B owner's title insurance poli<;y (ex<;ept that the standard exceptions relating to survey matters, rights of I parties in possession, mechanic's liens, easements or claims of easements not of record, and taxes and assessments not shown by the public records, shall be eliminated) (the "Title Policy") to be issued upon Closing by the Title Company in the amount of the Purchase Pri<;e, insuring that as I of the Te<:ording of the "Deed" (as hereinafter defined) good and marketable fee simple title to the Property is vested in Purchaser subje<:t only to the "Permitted Exceptions" (as hereinafter defined). The Title Commitment shall identify the Land by th,e legal description set forth on the I Survey. Seller shall be responsible for the costs, if any, of the Title Commitment, and Purchaser shall be responsible for the cost of the Title Policy. (B) Purchaser shall have a period of thirty (30) days after m:eipt of the Title I Commitment (including copies of all instruments described therein as exceptions to title) and the Survey (the "Title Review Period"), to notify Seller of any objections to or defects in the I condition of title; PROVIDED, HOWEVER, that title exceptions pertaining to liens or encumbrances of a definite or l\S\;ertainable amount that may be removed by the payment of money ("Liens") at Closing shall not be deemed to make the Title Commitment unacceptable and I Seller, at Seller's option, may use the Purchase Price to satisfy such Liens. Seller shall provide 4 .. I DEC-12-1997 10:41 BPADLEY g, DEIfE, P.A. 612 926 S7-l3 P.06 I' I written notice to Purchaser of the commencement of the Title Review Period. Those exeeptions it to title which are disclosed by the Title Commitment (other than Liens) and arc not objected to by Purchaser shall be deemed to be the ''Permitted Exceptions." If such objection notice is not delivered to Seller within the Title Review Period, the condition of Seller's title as disclosed by I the Title Commitment shall be deemed approved by Purchaser, and Purchaser shall take title subj ect to the exceptions set forth therein without any reduction in the Purchase Price except for any Liens. If an objection notice is timely delivered, Seller shall use reasonable efforts to cure or I rCIDove all such objections prior to the "Closing Date" (as hereinafter defined). If any objection has not been cured or removed prior to the Closing Date, Purchaser, at its election, shall either (i) accept the Title Commitment as it is, subject to the right to deduct the amount of all Liens from I the Purchase Price, except for liens created by Purchaser pursuant to its activities under this Agreement; (ii) tenninate this Agreement; or (iii) extend the Closing Date for a period that Purchaser and Seller deem reasonable for curing such objections, but not to exceed ninety (90) I days. If all objections to title are not cured within such extended period, if any, Purchaser shall then elect either (i) or (ii) above, Upon any such termination, each party shall be released from all duties or obligations contained herein (except for any liabilities accruing prior to such I tennination) and in such event the parties shall execute an agreement in recordable form canceling this Agreement. I S. DEVELOPMENT AGREEMENT. Seller shall have the right to review and approve Purchaser's plans and specifications for Ie the construction of the buildings and other improvements to be located on the Property in accordance with that certain Development Agreement dated as of December --' 1997, (the "Contract") between the Purchaser and the Arden Hills Economic Development Authority (the I "Authority"). Purchaser covenants and agrees to comply with the provisions of the Contract relative to the development of the Land. I 6. The contents of this paragraph have been intendonally omitted. 7. Use. I Purchaser agrees that the Property shall be used for the construction and operation of the improvements described in the Contract, subject to the terms and limitations set forth in the Contract and as described in the documents approved by the Seller in granting PUn approval to I the Purchaser's development. 8_ REPRESENTATIONS AND WARRANTIES. I (A) Seller represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller as of the date hereof and as of the Closing Date, shall I survive the Closing, and but for such representations and warranties, Purchaser would not execute this Agreement: I (1) There are no other parties in possession of any portion of the Property. .. s I DEC-12-l'397 10:~2 BRADLEY & DELVE, P.A. 61.2 926 5743 P.07 '. (2) There are no pending or, to the best of Seller's knowledge, threatened I actions, suits, condemnation or other proceedings before or by any judicial body or any .. governmental authority, against or affecting Seller or the Property. (3) Seller has the present full authority and power to execute this Agreement I and to close the sale of the Property. (4) (a) (i) Neither the Property nor any portion of the Project has ever been I used by Seller to generate, manufacture, refine, transport, treat, store, handle, or dispose of (collectively, "Use") any "Hazardous Material" (as hereinafter defined), (ii) Seller has no actual knowledge of the use of any Hazardous Material on, under, or in the Property or . any portion of the Project, except as may be stated in the environmental assessment referenced in Section 10, (iii) Seller has no actual knowledge of any actions, claims, suits, or proceedings pending or threatened against Seller or the Property or any portion of the I Project which relate to any violation or alleged violation of any "Environmental Laws" (as hereinafter defined); and (iv) so long as Seller retains an interest in the project, Seller shall (A) not permit any Haurdous Material to be Used or otherwise released on, under, I or in the land, (B) comply, and shall cause all other persons to comply, with all Environmental Laws applicable to the project and (C) notify Purchaser immediately and in writing of any proceedings, actions, suits, or claims pending or threatened against I Seller relating to any violation or alleged violation of any Environmental Laws with respect to the same. (b) Seller shall indemnify and hold har.m1ess Purchaser from and against all damages, ~ loss, costs, actions, causes of actions and reasonable attorneys, fees and expenses arising out of a breach of the foregoing warranties and representations. . (c) As used herein, (i) "Hazardous Material" shall be defined as any substance, waste, or I material now or hereafter determined by any Governmental Authority to pose a risk of injury to health, safety and/or property, including but not limited to (A) all I materials, wastes and substances now or haeaftc:r designated as hazardous or toxic by the United States Environmental Protection Agency, the United States Department of Labor, the United States Department of Transportation Of any other I Governmental Authority, (B) all materials, wastes and substances now or hereafter designated or defined as hazardous, extremely hazardous or toxic pursuant to the Comprehensive Environmental Response, Compensation and I Liability Act (42 U.S.C. 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or any other Environmental Laws, and (C) asbestos, urea formaldehyde, polychlorinated biphenyls, and petroleum products. I (ii) "Environmental Laws" shall be defined as all present or future laws, statutes, treaties, rules, regulations, orders, ordinances, pennits, licenses, I 6 -- . DEC-12-1997 13:42 BRADLEY :1 DElVE, R.A. 612 926 5743 R.08 I' I judgments or decrees enacted by any Governmental Authority to regulate any ,. materials, wastes and/or, substances in the environment. (5) Seller possesses good and marketable fee simple title to the Property (or is a party 10 a valid and binding contract to acquire such title and will do so on or before I Closing and shall transfer title to the same to Purchaser by speeial warranty deed (the "Deed") dated as of the Closing, subject only to the Permitted Exceptions. I (6) The Land is assessed as a separate tax parcel by the taxing authorities having jurisdiction thereof. I (7) Seller is not a "foreign corporation, "foreign partnership" or "foreign estate" as those terms are defined in the Intema1 Revenue Code of 1986, as amended, and that Seller will furnish to Purchaser a so-called "FIRPTA" certifieate verifying the I foregoing. (B) Purchaser represents and warrants to Seller that Purehaser has the full authority I and power to execute this Agreement and to close the sale of the Property, which representation and warranty shall be deemed made by Purehaser to Seller as of the Final Execution Date and again as of the Closing Date, shall survive the Closing and, but for such representation and I. warranty, Seller would not execute this Agreement. 9. RISK OF LOSS; CONDEMNATION. .. (A) Seller shall bear the risk of loss until Closing. All hazard insurance, if any, I maintained by or on behalf of Seller in respect to the Property shall be canceled as of the Closing Date. I (B) If, prior to the Closing Date, all or any part of the Property shall be condemned by governmental or other lawful authority, Purchaser shall have the option of either (i) completing this transaction, in which event (a) there sha11 be no reduction of the Purehase Price, (b) Seller I shall have no duty to repair or restore, (c) Seller shall pay to Purehaser all condemnation proceeds theretofore or thereafter received by Seller with respect to such condemnation, (d) Seller shall assign to Purehaser all rights of Seller in and to such condemnation proceeds, and (e) I Seller shall furnish to Purehaser such documents, cooperation and assistance as Purchaser requires to enforce the rights of Seller with respect therelO; or (ii) term;nating this Agreement, in which event neither party shall have any further obligation 10 the other hereunder and the parties I shall execute an agreement in recordable form canceling this Agreement. 10. SUITABILITY; INSPECTIONPERlOD. I (A) Purchaser shall have from the date hereof until December -' 1997, (the "Inspection Period") to determine whether the Property is suitable for Purchaser's intended I development and operation with regard to the following criteria (the "Purchaser's Criteria"). Purchaser shall use diligent, good faith efforts to satisty the Purchaser's Criteria. " 7 I --- DEC-12-1997 10:43 BRADLEY:O DEWE, R.A. 612 926 5743 R.09 .. I To assist Purchaser in its determination of the suitability of the Property for the intended .. lISe, Seller shall, within ten (t 0) days of the date hereof; deliver to Purchaser copies of all documents which pertain to restrictive covenants, plans, plats, surveys, reports, tests, studies, title materials (including copies of exception documents referenced in the title policy or title I commitment, as the case may be), and environmental information that are in Seller's possession. (I) Purchaser may, at its sole risk, cost and expense, conduct or cause to be I conducted soil conditions, and/or hazardous materials engineering tests and/or environmental assessments of the Land and in this connection. it or its designated agents may enter upon the Land for pllIposes of inspection, soil analysis, core drilling or other I tests that may be deemed necessary or desirable by Purchaser or its engineer (including, without limitation, engineering tests to determine the existence, if any, of any geological faults in or undermining of the subsurface of the Land and the location thereof). I Purchaser shall restore or repair any damage caused, related to or arising out of Purchaser's conducting of these tests. Purchaser shall indC'mnify, hold harmless and, at Seller's option but with Purchaser's legal counsel, defend Seller against any and all I claims, actions, causes of actions, expenses, costs, penalties and liability brought by or owing to third parties arising out of its work or those of its employees, agents or contractors on the Land which indemnity shall also include the payment of reasonable I attorneys' fees. (2) Purchaser shall determine whether the improvements contemplated by ~ Purchaser for the Property and the use thereof are permitted by all govemmental or quasi- governmental authority (local, state or federal), including but not limited to zoning, subdivision and special use authorities. I (3) Purchaser, at its sole cost and expense, shall determine that it shall have the right to construct and operate upon the Property, upon proper application to the I appropriate governmental authorities and at a cost reasonably acceptable to Purchaser, its proposed buildings and other improvements. Said applications and approvals (the "Governmental Approvals") shall include, but shall not be limited to, the proper zoning I and all other authority to construct Purchaser's buildings and all other necessary or desirable improvements (including Purchaser's signage). (4) Purchaser shall have satisfied itself as to the environmental condition of I the Land, based on environmental testing pursuant to this Section 10 and any environmental reports furnished to the Purchaser by the Seller pursuant to this Section 10. I (B) If Purchaser shall determine that it is not possible to develop the Property as intended by Purchaser, then Purchaser may terminate this Agreement by giving notice (the . "Temrination Notice") of its election to do so to Seller on or before the expiration of the Inspection Period. The Termination Notice shall set forth the reasons for the termination of this Agreement in reasonable specificity. If the Termination Notice is Dot given on or before the I expiration of the Inspection Period (as the samc may extended as herein provided) thm Purchaser 8 .. I DEC-12-1997 10:43 8PADLE( & DEIKE, P.A. 612 926 5743 P.lO I' ~ shall be conclusively presumed to have irrevocably waived the right to terminate under this Section 10 and to have accepted the Property in its "as is" condition and the Seller shall have no liability to the Purchaser on account of any eomijtions existing on the Land. This provision shall not abrogate Seller's express warranties and representations contained in this Agreement. I 11. REAL ESTATE TAXES AND ASSESSMENTS. All general real estate taxes and installments of special assessments levied Or assessed 1 against the Property (collectively, "Taxes") shall be paid by Setler if the same are due and payable as of the Closing Date and by Purchaser if due and payable thereafter. All Taxes for the tax fiscal year in which the Closing Date occurs shall be apportioned between Purchaser and I Seller on and as of the Closing Date, with Purchaser bearing only the expense of that proportion of such Taxes that the number of days in the proration period following and including the Closing Date bears to 365. lfthe amolUlt of Taxes to be borne by the parties as above provided is I not ascertainable on the Closing Date, the total thereof paid for the preceding tax fiscal period shall be used for purposes of such proration, and within thirty (30) days after the amount of such Taxes becomes known, the parties shall recompute such proration and adjust the difference. I 12. CONDmONS PRECEDENT. 1 (A) This Agreement and all obligations of Seller hereunder are expressly conditioned 011 the following conditions precedent being in effect or complied with on and as of the Closing Date, and Purchaser covenants that it will use diligent, good faith efforts to cause such conditions Ie to be in effect or complied with: I (1) Purchaser's representations and warranties set forth in Section 8 shall remain true and correct in all material respects. I (2) Purchaser shall have executed and delivered or caused to be executed and delivered to Seller and/or the Title Company, as herein provided, all documents, instruments and information required to be delivered by Purchaser. I (3) Purchaser shall be in compliance with all of its other obligations under this Agreement and the Contract. I (B) This Agreement and all obligations of Purchaser hereunder are expressly conditioned on the following conditions precedent being in effect or complied with on and as of I the Closing Date, and Seller covenants that it will use diligent, good faith efforts to cause such conditions to be in effect or complied with: I (I) The Title Commitment, as redated to the Closing Date, shall disclose good and marketable fee simple title to the Property vested in Seller free and clear of all encwnbnmces except the Pennitted Exceptions, and the Title Company shall be prepared I to issue the Title Policy to Purchaser in the form required by Section 4 immediately upon the recording of the Deed. " 9 I -------- DEC-12-1997 10:44 BRADLEY & DEIKE. P.A. 612 926 5743 P.ll '. (2) Seller' s representations and warranties set forth in Section 8 shall remain ~ true and correct in all material respects. (3) Seller shall have executed and delivered or camed to be executed and I delivered to Purchaser and/or the Title Company, as herein provided, all documents, instruments and information required to be delivered by Seller. (4) SeHer shall have complied wjth all of its other obligations under this I Agreement 13. CLOSING. I (A) Provided all of the conditions to closing set forth in this Agreement have been I satisfied or waived by the parties, and this Agreement has not been tenninated by either party in accordance with the provisions hercin set forth, the closing hereunder (the "Closing") shall be through an eserow with the Title Company on the Closing Date. The Closing sha11 occur on or I before December --> 1997. (B) The Closing shall be effected in accordance with the following proeedure: I (1) Not less than five (5) days prior to the Closing Date, Purchaser shall cause the Title Company to prepare and deliver to Purchaser and Seller a preliminary closing -- statement for each party showing all amounts due from each party, including all closing costs and expenses computed as set forth in this Agreement. (2) On or before the Closing Date, Seller shall deliver or cause to be delivered I to the Title Company the following; (a) Full releases of all mortgages, deeds of trust and other financing I instruments affecting the Property, duly executed by the holders thereof, acknowledged and in proper form for recording. I (b) The Deed, in a fann reasonably approved by Purchaser and the Title Company. I (e) Such instrwnents and doewnents relating to the organization, I existence and authority of Seller as the Title Company sha11 require. (d) Such other documents, instruments, certificates and assurances as I shall be required by the provisions of this Agreement. (e) Seller's closing statement, duly executed. I 10 -. I DEC-12-1997 10:44 .8RADLEY 2. DEIKE. R.A. 612 926 5743 R.12 I' 1 (f) Such closing instructions to the Title Company as Seller shall ,. desire, which shall not be inconsistent with the provisions of this Agreement ("Seller's Instructions"). (3) On or before the Closing Date, Purchaser shall deliver or cause to be 1 delivered to the Title Company the following: (a) By federal wire transfer of funds to the Title Compmy's escrow 1 account, an amount equal to (i) the balance of the Purchase Price due at Closing, adjusted as herein provided, plus (ii) the aggregate amount of closing costs for which Purchaser is responsible as provided herein, all as shown on Purchaser's 1 closing statement. (b) Such instruments and documents relating to the organization, I existence and authority of Purchaser as the Title Company shall require. (c) Purchaser's closing statement, duly executed. I (d) Such closing instructions to the Title Company as Purchaser shall I desire, which shall not inconsistent with the provisions of this Agreement ("Purchaser's Instructions"). .. (4) The parties shall obtain the advice of the Title Company as to whether it is in a position to (a) cause the Deed to be immediately recorded in the real estate records, and (b) immediately issue the Title Policy to Purchaser. If the Title Company shall I advise affirmatively on the foregoing matters, then the parties shall instruct the Title Company to proceed to close the escrow in accordance with Seller's Instructions and Purchaser's Instructions. I (5) All costs and expenses of Closing the purchase and sale of the Property shall be borne and paid at Closing unless otberwise stated herein, as follows: I By Seller: Seller's Attorneys' Fees Charges, if any, for the Title Commitment I Transfer Taxes and Deed Taxes One.half of the Escrow Fees of the Title Company I By Purchaser: Purchaser's Attomeys' Fees Premiums for the Title Policy Recording Fees for Deed. except for Transfer Taxes I One-half of the Escrow Fees of the Title Company Survey Charges I fI 11 I . -- P.13 DEC-12-1997 10:45 BRADLEY' 2, DE WE : R. A. 612 926 5743 '. 14. DEFAULT AND REMEDIES. I .. (A) In the event Purchaser fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Purchaser under and pursuant to the terms and provisions of this Agreement and such default is not cured within I thirty (30) days after notice thereof from Seller (other than Purchaser's failure to tender the Purchase Price at Closing, a default for which no notice is required), then Seller may either (i) terminate this Agreement and both parties shall be released from any further liability hereunder I except for the indemnification provisions of Section 17 hereof and the parties shall execute an instrument in recordable form canceling this Agreement, or (ii) seek an action for specific performance against Purchaser to enforce the provisions of this Agreement so long as such action I is initiated within six (6) months after the date of the default. In addition, the Seller shall be entitled to pursue such other rights and remedies which Seller may have at law or in equity by reason of Purchaser's default. . (B) In the event Seller fails to comply with any or all of the obligations, covenants, warranties or agreements to be perfOImed, honored or observed by Seller under and pursuant to . the terms and provisions of this Agreement, and such default is not cured within thirty (30) days after notice thereof from Purchaser, then Purchaser may either (i) terminate this Agreement and both parties shall be released from any further liability hereunder, except for the indemnifi.cation . provisions of Section 17 hereof and the parties shall execute an instrument in recordable form canceling this Agreement, or (ii) seek an action for specific performance against Seller to enforce the provisions of this Agreement so long as such action is initiated within six (6) months after the .. date of the default. In addition, the Purchaser shall be entitled to pursue such other rights and remedies which Purchaser may have at law or in equity by reason of Seller's default. (C) The failure of either party to act upon a default of the other in any of the tem1S, I conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent breach or default under the terms, conditions or obligations hereof by such defaulting party. . 15. NOTICES. All notices, consents and other communications herein required or which either party I desire to give to the other ("Notices") shall be in writing and personally delivered or sent by registered or certified mail or by overnight delivery service, postage prepaid, return receipt I requested and shall be mailed to the parties at the respective addresses as provided below: If to Seller: City of Arden Hills I 1450 West Highway 96 Arden Hills, Minnesota 55112 Attn: City ;\tlmini.trator I If to Purchaser: Webh Development Company, LLC 8200 Normandale Blvd., Suite 200 I Bloomington, Minnesota 55347-1060 12 -- I ----- DEC-12-1997 10:45 BRADLE'( 2, DE HiE, R. A. 612 926 5743 R.14 I' 0 I Attn: Dick Zehring ,. With a copy to: Thomas Hart Winthrop & Weinstine, P A. 30 East 7th Street, Suite 3200 I St. Paul, Minnesota 55101 All Notices shall be effective upon being deposited in the United States mail or delivered to the . overnight courier in the manner prescn'bed above; however, the time period in which a response to any such Notice must 'be given shall commence to run from the date of receipt by the addressee thereof as shown on the return or courier receipt of the Notice. Rejection or other 1 refusal to accept or the inability to deliver because of changed address of which no Notice was given shall be deemed to be receipt of the Notice as of the date of sueh rejection, refusal or inability to deliver. . 16. MISCF.J.T.,4,NF.OTN PROVISIONS. 1 (A) Any of the representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing of the transactions contemplated hereby, shall survive the Closing and shall not be merged . therein. (B) This Agreement shall be construed under and in accordance with the laws of the .. State of Minnesota and according to its fair meaning and not in favor of or against any party. (C) This Agreement shall be binding upon and inure to the benefit of the parties I hereto and their respective heirs, legal representatives, successors and assigns. (D) If any term, provision or condition contained in this agreement shall, in any 1 extent, be held to be invalid, illegal or unenforceable in any respect, the remainder of this Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid, illegal or unenforceable) shall not be affected 1 thereby, and each and every other term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 1 (E) This Ageement constitutes the sole and only agreement of the parties hereto and - $UpeISed~ prior understandings or written or oral agreements between the parties-respae!iftg 1 ilie within su6[ect matter. This-Agreemt:llt GMuot b~ lln'lcndod 01 InGdmJd ~{b;y _..;11\..1 agreement signed by Purchaser and Seller. I (F) All parties hereto pledge their reasonable good faith efforts to act in a timely and reasonable manner to consummate the transaction herein contemplated. I (G) Timely performance by Seller and Purchaser is of the essence in this Agreement. ~ 13 I --- - 612 926 5743 R.IS DEC-12-1997 10:46 BRADLEY 2. DEIKE, R,A. . '. (H) Words of any gender used in this Agreement shall be held and construed to I include any other gender, and words in the singular number shall be held to include tho plural, .. and vice versa, unless the context requires otherwise. (I) The paragraph headings herein are for rcference pwposes only and are not 1 intended in any way to describe, interpret, define or limit the scope, e><tent or intent of this Asreement Or any part hereof. The failure by either party to enforce against the other any term or provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce 1 against the other party the same or any other such term or provision. (1) Tbis Agreement may be executed in multiple originals or counterparts, each of I which will be an original and, when all of the parties to this Agreement have signed at least one (I) copy, such copies together will constitute a fully executed and binding Agreement. (K) If either party files any action or brings any proceeding against the other arising . out of this Agreement, or is made a party to any action or proceeding brought by a third party arising out ofthis Agreement, then as between Purchaser and Seller, the prevailing party (i.e., the I party whose position is substantially upheld) shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. (L) If either party hereto shall be delayed or hindered in or prevented from the . performance of any act required hereunder by reason of strikes, lockouts, labor troubles, fires, Acts of God, natura! disasters, inability to procure material, failure of power, restrictive tit govemmental Jaws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doinft acts required under this Agreement, the period for the performance of any such work or act shall be extended for a period equivalent to I the period of such delay. (M) Each party represents and warrants to the other that neither it nor its agents or . representatives have engaged or dealt with any broker, agent or finder with respect to the transaction contemplated herein, and each party agrees to indemnify and hold harmless the other party from any and all claims, costs, liabilities and expenses (including court costs and . reasonable attorneys' fees) incurred by the other party as a result of the indemnifying party's breach of its representation and warrantY hereunder. 17, PURCHA~F.R'~ INDEMNIFICATION, 1 In the event thaI this Agrccment is terminated by either Purchaser or Seller prior to 1 Closing, and notwithstanding the fact that such termination shall release Purchaser from its obligation to buy the Property, nothing herein shall be deemed to release Purchaser from any liability arising out of Purchaser's activities (or those of its employees, agents, or contractors) on I the Land, including, but not limited to, its actions on the Land while exercising its rights pursuant to Section 10 hereto. This provision shall survive Closing of the transaction herein contemplated and the delivery of the Deed. Nor shall any termination of this Agreement relieve 1 14 .. I ------ DEC-12-1997 10:46 BRADLEY 2. DE WE: R. A. 612 926 5743 R.16 I' I the Purchaser from any of its obligations or liability under the Contract, unless specifically so ,. stated in the Contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. . "SELLER" CITY OF ARDEN HILLS I By: I Name: Title: I By: Name: Title: I "PURCHASER" I WELSH DEVELOPMENT .. COMPANY, LLC By: I Name: Title: I By: Name: Title: I I I I . I fI IS I 1"'- ~ '. I CITY OF ARDEN fiLLS ae MEMORANDUM I DATE: December 15, 1997 TO: Mayor and City Council . I FROM: K~I. W.gw.ld, C'mm~ity Dml..m'.' D"''''~ I SUBJECT: Case #97-06, Re-approval- Final Plat Welsh Companies, 4000 Round Lake Road 1 Reouest The applicant is requesting re-approval of the final plat (Gateway Addition) to facilitate the construction of a three phase office/industrial project consisting of a 104,532 square foot 1 building (Phase II), 115,575 square foot building (Phase III), and a 102,360 square foot building (phase IV) on a 31.76 acre site zoned Gateway Business (Exhibit A). I Backli'"round The Planning Commission on July 2,1997 recommended approval of the preliminary and final plat in Planning Case 97-06, subject to numerous conditions. The City Council on July 14,1997, Ie approved the preliminary plat in Planning Case 97-06. The City Council approved the final plat on September 22, 1997. I The City Code (Subdivision Ordinance) in Section 22-4, (b), (4), states that; "If the fmal plat is approved by the city council, the subdivider shall record it with the county recorder or rcgistrar I of titles within sixty (60) days after the date of approval; or otherwise, the approval of the final plat shall be considered void ...". Given that the City Council approved the final plat on Monday, September 22, 1997, then the final plat would have to been recorded by Friday, 1 November 21,1997. Given the delays on developer's side (purchasing the Harstad property) and on the City's side 1 (purchasing the Naegele property) the date to record the plat slipped by both parties. It is anticipated that the plat will be recorded within the next 60 days. 1 Recommendation The Staff would recommend the re-approval of Planning Case 97-06 for an additional 60 days (Friday, February 13, 1998), based on the applicant and the City believe the plat will be filed 1 within this time period, subject to the conditions of approval as stated in the City Council's approval of Planning Case 97-06 on September 22,1997. 1 ,- I I' , f'N1l61J A- l/ I I Welsh Companies ~ "':'-"'-.",.. , -\",' -=. t, '-'- ') Comprehensive Real Estate Services .. 8200 Normandale Boulevard. Suite 200 DEe I 2 1997 Minneapolis. Minnesota 55437-1060 at'.'.. ',' r 612.897.7700 Fax 897.7704 '\00..1..__.:1"._ I December 11, 1997 I Mr, Kevin Ringwald, AlCP Community Development Director I CITY OF ARDEN HILLS 1450 West Highway 96 Arden Hills, Minnesota 55014 I Re: Planning Case #97-06, Planned Unit Development (PUD) Final Plans and Final Plat, Welsh Development Company, LLC I Dear Mr. Ringwald: I The above referenced received final approval before the City Council at its regular meeting on September 22, 1997. As you know, a number of matters have intervened, including, among other things, acquisition of the Harstad Ie and Naegele parcels by Welsh Development and the City of Arden Hills, respectively, which has resulted in a brief delay in project execution. I As you also know, we are now poised to close on all the property transfers in the near future. I I am therefore requesting by this letter that the City Council be asked to consider and reapprove the above referenced at its next regular meeting. I Should you have any questions please call. Very truly yours, I I I ard .2 ring Executive Vice President Welsh Development Company, LLC I RHZ:so I .. I f:\ditYllk1p\U\Jtn\larinlJW"kl.d.oc .. CITY OF ARDEN HILLS . MEMORANDUM DATE: December 11, 1997 TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrato@ SUBJECT: 1998 Pay Plan I Requested Action I The council is asked to consider changes to the 1998 Pay Plan. Background I The Arden Hills City Council historically has amended its Pay Plan at the beginning of each calendar year. The proposed changes to the 1998 Plan were discussed several times as part of the Local 49 negotiations. I During 1997, the City Council negotiated a labor agreement with the Local 49 which included a 3% increase in base pay and an additional $10 per month to be contributed to the insurance .. premiums. These figures were included in the 1998 Budget, which was adopted earlier this evemng. I The effect of the increase of 3% on pay ranges is shown in Attachment A. Staff has also reviewed the duties associated with the Public Works Superintendent position. As a result of the I changes created in the position two years ago, the duties being requested of this position are more consistent with that of a Public Works Director. This analysis would support an adjustment in pay equity points and pay range related to this position. The City will remain in compliance I with pay equity requirements after this change. Recommendation I Staff recommends the City Council move to approve the 1998 Pay Plan as attached. BF Isis I I I fI I - . . - ,.,.,.,~.',a~a~<o~oo~~POP<O .~~~~o~~~~o~ap~<o .o~~~ <O~<O~O=~op~==~a " ~<O~O~<O~<OP<OPP~O.~OOP C\l"N It)"CO lito C'\tO -..(I) CD..N ~C. . atfd f'o.:.u:p....ltp..:.lri,.......n "!.tri 'IIit',,--r 8 otr-.: ~cC I ; ',S:: It) '" ... 'Ilt ... .. ... .,.. ... O'J (I') ... (I') 0 5! N ,.. C\I ..... C\I .,.. N .... C\I .,... C\I - C\I _.' p.,.. 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"",., C\I...,...,.. !01>-~ -.,.,.l,..,...~ ~ ~ ~ ~ ~ ~ >,' J,... ::c~.g(N <\liP I ~~~ .,...,'.,'...."..,j,(.~~~~PO<OO~<O<O<O~~ ~~~~~~~~~~~~<O~ s ~o 2.~~~~<O~<O~<OO<OP ~ a<O~~ltl<Oltlc.,~<O~~~ s ~,.. :>-:>-:~ot......_...(l')_Il)~C\I0_o""'..C\I..C!. ~C\i~C\iq,..:q,..:o_,..:"t..:lI)aO H'': - S !8~,~:.~";,(I')~(I),..(l')O~=(I).....C\I(I)NO ;,~,C\I,..N,...C\I~N,..C\I..........~,...,.. ;~~ o 'C ..'...... ... ~ ~ ~ ~ ~ ~ ~ ' " ......, III '" 'I .'... Ie' P "P '...... II ...... !! ~(/ ~)/ jb< l:l. -0 -UJ -UJ ~ ~ ~ I, 0""..'..,.,."2,,.,. g;j ~ :2 8 8 ~ <0 CJ " .....,.2,... ::: <0 ltl ltl ~ u; ltl. 0", ..,.,. z ,.' ~ ~ ~6 ,.. ,.. ,.. ,.. ..... =,... ~5 - It) II) an It) .,. ~a co ~ >'1L >-a; >- a; .,'$""',,,.,.,.... < <... ...'. l:l. l:l. I z it- a:0 < e!. '" 2/ a: a: a: a: 0 1='/.' Iii :.: w t: '" 0((0 Ot:~00 Cii( a:ffio 2" l!l EIlJ F ~ F :l 0 F-:; OllJ >- 0 ~ z:.: ::l.Lll w . UJ,~ ~ ~ @ 0 ~ @ ffi ~..,~," ~ 2 W 0 ~ a: ~w," 0 0.... r= I-' a: UJ - l:l. l:l. ....' Iii < UJ (!l w W ~21- 2 eo... UJ 2 C :.: 0 UJ:l a.F :Ii ~ ~ ~ 13 UJ zr= z < t:lXl z:l ~ 0 ~ UJ rrllXl (3 ~ ffi 8 ~ z<:lXl < 2 I :Ii....,....g.,.......'.... :i 8 ~ ~ ~ (!l ~ Iii...,g ~ ~ :Ii < ~ ~o~ Q fE....,g,... ai ~ Wou oOCl~lX! I' Fa: ~ia:- x, .,.,... < <I: :Ii:J 9 ~ ',.,.,',.."" 2 UJ D:< 0 UJ 0 l:l. :$;, ,'" 0 < IlJ >- >-:Ii :.: v 2.,., -:.: -:.: < w ~ ll.:Ii .. !::t:8~~5!i! ~~~rnffi!1f!z@ ~~ ~ 0 0 l:l. a. lXl l:l. " < a. 0 UJ l:l. _ a: a. l:l. . . -. Jurisdiction, ard~n hill. Date, Dec~~er 11, 1997 Contact, Brian 'rltslnger Phone: 612 633-5616 COM P L I A N C B RBPORr . The statistical analysis, salary range and exceptional service pay test results are shown below. Part I Is general Inforlatlon frol your Pay I~llty Report data. Parts II, III, and IV give you the test results. For lore detail on each test, refer to the guidebook. 1. GBRRRAL JOB CLASS INFORMATION - Male Felale Balanced All Job - Classes Classes Classes Clasne. ; Job Classes 9 1 I 16 I I Rlployee, H 7 ! 7.1 ~vg. Max Monthly . Pny per Ilployee 3,388.93 2,988.14 3,255,33 II, STATISTICAL /.N~LYSTr. ~ST I ~. UNDRRPAYMINT RATIO = 1!3.1' Male 'elale Classelt Clanm I a, I at or above Predicted Pay \ 4 b. I 8elow Predicted Pay 4 , " .. c. TOTAL 9 1 d. \ Below Predicted Pa, 44.44 41.86 (b divided by c = d) I '(Result is \ of lale classes below predicted pay divIded by , of felaie classes below predicted pay. I I B. T-TRST RRSULTS Degrees of rreedol(Drl = 19 Value of T = 1.551 I a. Avg. dlff. in pay frol predicted pay for lale jobs = $ 4 b. Avg, diff. In pay frol predicted pay for felale jobs' $ -18 I III. BALARY RANGB TIST = 95.56\ (Renult is A divIded by 81 I A. Avg. I of years to laX salary for lale jobs 4.18 = B. Avg. I of years to lal nalary for felale jobn = 5.18 I TV. RXCBPTIONAL BRRVICR PAY TIBT = un (Result is 8 divided by AI A. \ of lale clanses receivIng RBP n.l1' I B. \ of felale classes receiving RBP UI -- ' (If 7.1' or lesn, test renult will be '.'I! Version 3.' (1993) I CITY OF ARDEN HILLS . MEMORANDUM DATE: December 11, 1997 TO: Mayor and City Council - FROM: Brian Fritsinger, City Administrato@ .. ,- SUBJECT: 1998 Liquor License Renewals I Requested Action I The City Council is asked to consider the approval of the 1998 liquor license renewals. Backe-round I The following establishments have applied for 1998 license renewals. #1 Minneapolis Motel Entewrises Inc. (Holidav Inn), 1210 West County Road E I . On-Sale Liquor . Sunday On-Sale Liquor .. #2 Big Ten Sunper Club. Inc., 4703 Highway 10 . On-Sale Liquor . Off-Sale Liquor I . Sunday On-Sale Liquor #3 GDM. d/b/a Lindev's Prime Steak House, 3610 North Snelling Avenue I . On-Sale Liquor . Off-Sale Liquor I #4 Flaherty's Arden Bowl. Inc., 1273 West County Road E . On-Sale Liquor I . Sunday On-Sale Liquor #5 Great China Restaurant, 3547 North Lexington Avenue 1 . On-Sale Liquor . Sunday On-Sale Liquor I #6 Blue Fox. Inc., 3833 North Lexington Avenue . On-Sale Liquor . Sunday On-Sale Liquor 1 #7 Star Liouors. Inc., 3537 North Lexington Avenue fI . Off-Sale Liquor I Memorandum - 1998 Liquor License Renewals Page Two .- December II, 1997 In addition, the City has one On-Sale Wine License Renewal application to consider: - #1 D'Marco Incornorated, (Mama D's), 3551 Lexington Avenue . On-Sale Wine License Application Review and Background Checks - The background investigations have been conducted by the Ramsey County Sheriff's Department, and no liquor-related problems were identified. Staffwill forward the applications I to the County for signature prior to forwarding to the State of Minnesota. All applicants submitted the appropriate fees and are current on all City licenses/permits. The . Fire Marshal has completed all on-site inspections of the various establishments, and identified several violations. Staff does not believe that withholding the license is required in any of these cases. The Building Official and Fire Department will work together to see corrections of these I violations are made. Recommendation . Staffrecomrnends approval of the 1998 Liquor License renewals as listed above. BF/sls .. I . . . I I I .. . . " . CITY OF ARDEN IDLLS MEMORANDUM DATE: December 15, 1997 TO: Mayor and City Council - FROM: Kevin Ringwald, Community Development Director ~ - . SUBJECT: Acquisition of digital aerial photography I ReQuest The City Council is requested to authorize the acquisition of digital aerial photography for the City of Arden Hills and approve of Phase I, Part 2 of the GIS program. I What is digital aerial photographv Digital aerial photography takes the latest aerial photography (Metropolitan Council, Spring of I 1996) and transforms that photography into an electronic file. Essentially the product that the City would receive is an aerial photograph of the City which would reside in the City's computer. This product would have a horizontal accuracy of three feet. The cost to have this Ie product completed by Markhurd Photography is $6,817.00 (Exhibit A). The City through the joint powers agreement it signed with the Ramsey County GIS Users Group I has the ability to jointly purchase this product with other user cities. The City Council may remember that when the GIS purchases were originally approved by the City Council, on 1 February 24,1997, that the cost participation for the digital aerial photography which supports Phase I, Part 2 of the GIS program had yet to be determined. The Staff stated that it would return to for approval of Phase I, Part 2 of the GIS program and acquisition of digital aerial I photography when the cost for the photography became known. What are some uses for digital aerial ohotol!raphy I The product will allow for the inclusion of aerial photography as one of the layers of information used in GIS program. Specifically, the product will allow for the quick and accurate identification of road, lake, and building edges. For example, if the engineer was evaluating I storm water run-off in a particular area, the engineer could easily compute the size of a parking lot (ie., road edge) which may be contributing to the particular problem. Also, trying to determine relationships of and distances between houses (building edges) could be shown in a I variance case. Lastly, being electronic, all of this information can be portrayed as part of Staffs memorandum or be printed out as a hard copy (paper). I " I ----- ------------- < . What is Phase I. Part 2 of the GIS program . Phase I, Part I of the GIS program (conducted by PlanSight) constructed the parcel information, road name/centerlines, zoning designations, comprehensive plan designations, and the existing land uses for the City. Phase I, Part II of the GIS program would construct the lakes/streams/ditches/wetlands, building footprints, road edges, and aerial photography into the GIS. The cost to have this product completed by PlanSight is $1,475.00 (Exhibit B). Budget Imoact The requested purchases, in total, would result in an unbudgeted 1997 capital expenditure of - $8,292.00. The Staff will be requesting that the North Metro I-35W Corridor Coalition to pay for the digital aerial photography ($6,817.00) for the corridor cities. If the Staff is unsuccessful - in obtaining this funding from the Coalition, then the Staff would request authorization to utilize . City funds for the digital aerial photography. The Staff and the Coalition had always anticipated that the participating cities would themselves pay for Phase I, Part 2 of the GIS program. I Recommendation The Staff requests that the City Council authorize the expenditure of up to $8,292.00 to purchase . digital aerial photography for the City and commence Phase I, Part 2 of the GIS program, based on the understanding that the Staff will first request the North Metro I-35W Corridor Coalition to . pay for the digital aerial photography ($6,817.00) for the corridor cities and if unsuccessful, then will utilize City funds. .. I I I I I I . " I I'''"''.' - ~ ._...~~, as' cI "'ltILO.l - ,,_,_c . _. " '~'r - ..'~c..' ...'-~:... - . ~ --. . f;XIH6!'" A Y, .~ .' .... ' 5~'~ ........ ' c.dt ; ~ ~ ~ ~ " ~ ~ ~ ,:8; ~ ~i~G~ *.~~n~~ ~ 1 o ",!:I g.. ...*N::!I: J f'" . ~~~.: ..' ~ ", "'a::;;~~~ I ~ ~ d t::I g.... N ,1 ~~ ",C!C!:i!888 i ......'-~ r--:- o::!i e ~~8gcici .. I .......... ",- _ 8 < ~ · · ~ " " · ~. ?. j -;> N". ..--.--' < - oJ> O~ ..;.._~ N' ',~ .~... __' .. 'J> ..~i"~ ~ ~0--' . ~d~ . i ~ ,JJ w ,~~ 1 a: Q 8 8 .. .. .. 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'" ",.. -,- .l"- ' 6~S I =cdli'i~~ I ~~~ C ..J 8 r:: c '" . _ iller: .t- .' < 0 ~ Clt- li!i 8 o >..J;1w W' :c .. ~ v ~ Z .. 1 III ~ ij!uZ wlll ~ Q.... 0- 1l ~2 t5l~~ 5~ :g :;j<8~Xi'" ...11 I ::: !~,.!~~ ~ ~i5 o ~Q~ w!!:z i ~ j;i~U H I . ~ ~~.~~. -i i i ..~~.~ ~. o ::z:i"'l!!ltlll "," I ;l!Ji;" " ~ ~U~... ." _ill ~ l: .. lIl",u...:gc ;:;;~ ,. . . ....w. . .. . ~ ~...' .~3 5~ · ..>~.~ i. . ... . . 0..... ,. i5~ . ~~ ~ .~~~~.~~~. ~t~~1 ..~.., ~8".~~. i ~2B~* $~~8~li~' ~ ~~~~5~!~' . -10' ...~,. -0. - ......... . ,'0 .-.... .. ~ ....... ~ .~. .~.!~i.~"~..i ~i.=~.~~~. .. !8lii r ...:5 ~ ~~ ~; ,~g;~~;e!j!!1 .- I....HHH \ - I · ~~ ~",('.H6rr IJ ~ GIS & PlANNING TECHNOLOGIES . Drart North Metro 35W Corridor Coalition GIS Proiect Outline Introduction: This document is intended to outline the information required to initiate the development and implementation ofa regional ars program for the North Metro 35W Corridor Coalition, The GIS program discussed here is similar in scope to the GIS program being developed by the Dakota County Economic Development Partnership, Implemented correctly. a regional GIS program could prove to be an ideal way for the live cities of the North Metro 35W Corridor Coalition (Arden Hills. Mounds View: New Brighton. - Roseville, and Shoreview) to address common planning and economic development issues facing the area, . The North Metro 35W Corridor Coalition has at least three advantages that the DCEDP does not. First. the size of the proposed project area is substantially smaller than the area in Dakota County, Second, the project I would benefit from having the latest topological data from recent aerial photos. which will reduce the amount of added labor necessary to update existing buildings. roads. etc, Third, the t'orth Metro 3SW Corridor Coalition has a much stronger and more identifiable common interest: I-3SW, These advantages I mean that a North Metro 35W Corridor Coalition GIS project: similar to DCEDP's GIS Program. would be much more manageable from both an administrative and a technical perspective. resulting in lower costs and a completion in a shorter time-frame_ I The following pages outline the data and procedures necessary for developing a GIS project for the 3SW Corridor that focuses on Commercial and Industrial areas, Estimated time and cost figures are covered as well, The project has been broken into several phases to make it more manageable_ Phase I deals with Ie bringing each city in the group up to a common level concerning their ars databases, Phase II outlines the opportunity for joint training once the data in Phase I is available, Phase 1II involves a CommerciallIndustrial inventory that would provide the cities with the information necessary to promote economic development and redevelopment along the 3SW Corridor, Phase IV addresses the potential need for custom GIS 1 applications that could be developed and shared among the group, Phase V is a brief discussion of methods for making the commercial/industrial data more accessible to the public_ I Phase I - Base Data Development: Phase I has been split into two parts due to the availability of data, The data required for Part I is currently available from Ramsey County and the participating cities, The data needed for Part 2 ...ill come from the I aerial photos taken this spring. This data will not be ready until at least this fall, As soon as the data is available from the county: Part 2 can be undertaken, I Phase I - Part I: Part I involves the development of the "core" data that will be used in the project, The core data should include parcels. roads. zoning designations, comprehensive plan designations. and existing land use designations. Also included in Part I is the creation of maps from the data for editing and presentation I purposes, Following is a brief discussion of issues surrounding the core data: ~: Ramsey County has completed its update to parcelsllots for all five cities, The county maintains I information on both lots and parcels (a combination of several lots), For the purposes of this project. parcels should be the primary base layer, There is some question as how to best organize the relationship between lots and parcels when dealing with both ArcCad and ArcView, The county. however, is flexible in the way they provide the data and format issues should be easily overcome, A more important consideration is how I up-to-date the data is. The completed parcel layer recently obtained by the City of Roseville suggests that the parcel data has not been updated for as much as a year, At this point it is not clear whether or not the ~ 1 406 South Greeley Street. Sune 2 - Stillwater, MN 55082 - 612/351-1318 I .o/~ county will be able to update the data in time for this project. Therefore. the cost of adding new parcels to the county's parcel layer has been included in the project, Road Names/Centerlines: [t is important to have road names that are viewable at a number of different . scales, This means the road names provided by the county will have to be re-scaled and repositioned for maximum legibility, Road names can be garnered from the Ramsey County centerline database. The centerUnes themselves may prove useful for the participating cities and should be included in the project. No updating or improvements of this layer is expected, Symbols for interstate highways, state highways, etc, should also be added, Zoninu Desiunations: Up-to-date zoning designations will need to be provided by each city in digital or hard -- copy formats (maps). A new G[S coverage based upon the zoning information should be created, The zoning data should also be added to the parcel coverage for ease of referencing in ArcView, Comorehensive Plan Desiunations: Up-to-date comprehensive plan designations will need to be provided by - each city in digital or hard copy formats (maps), A new GIS coverage based upon the comprehensiv'e plan . information should be created, The comprehensive plan data should also be added to the parcel coverage, Existinu Land Ifse Desi2nations: Up-to-date land use designations will need to be provided by each city in . digital or hard copy formats (maps), A new G[S coverage based upon the land use information should be created, The land use data should also be added to the parcel coverage, Land use data may also be available from other sources (i.e, met council: Ramsey county. etc,), It will be the responsibility of each city . to verity the accuracy of the data used, MaoDinu: Four maps should be created for each city: a base map. a zoning map, a comprehensive plan map: I and an existing land use map, In addition, maps for each of these categories should be created for 1-35W corridor area, These full color GIS maps should include acreage and percent of each designation. The colors used for each designation in each city should be similar for visual consistency (yellows/orangeslbrowns = residential: reds = commercial, grays - industrial, etc.) It is possible that printing costs for editing purposes .. and final map output may be mitigated by using existing printers in each city. therefore: printing arrangements should be further explored, At a minimum, each city should receive a hard copy and a digital file (suitable for in-house printing) for each of the following: . Base Map (Monochrome) I copy in small report format (8-1/2xll) . I copy in large report format (llxI7) I copy in small presentation format (approx, 24x.36) I copy in large presentation format (approx, 36x48) Zoning Map (Color) I 1 copy in small report format (8-I/2xll) 1 copy in large report format (11xI7) . 1 copy in small presentation format (approx, 24x.36) 1 copy in large presentation format (approx. 36x48) Comprehensive Plan Map (Color) I 1 copy in small report format (8-1/2x 11) I copy in large report format (1lx 17) 1 copy in small presentation format (approx. 24x36) I 1 copy in large presentation format (approx. 36x48) Existing Land Use Map (Color) 1 copy in small report format (8-1/2xll) I 1 copy in large report format (1IxI7) .. I . "3/\?" I copy in small presentation fonnat (appro~, 24~J6) . I copy in large presentation fonnat (appro~, J6~48) North Metro 33W Corridor Coalition Maps I copy of the 5 City Base Map (monochrome) in large presentation fonnat (appro~, J6~48) I copy of the 5 City Zoning Map (color) in large presentation format (appro~. J6x48) I copy of the 5 City Comprehensive Plan Map (color) in large presentation fonnat (approx, 36,48) I copy of the 5 City Existing land Use Map in large presentation format (appro~, 36x48) ~ . Additional copies, mounting. laminating. framing. etc, should be the responsibility of each city and is not included in the estimated cost of the project, - Phase [ - Part 2: - The second half of Phase [ involves integrating the data obtained from miscellaneous sources including the . aerial photos taken this spring, The topo data expected to be available for the corridor area includes building footprints, road edges, bridges, hydrography, railroads, etc, it will be important to have Ramsey County deliver as much of this data as possible in polygon format This will insure that acreage for lakes, I building footprints, etc, can be detennined, G[S data obtainable from other sources could include wetlands, flood zones. soils: existing land use: demographics, elC, It is e~pected that some of these layers of infonnation will be desirable in the project, therefore, cost figures for these have been grouped under the I heading "miscellaneous data", Following is a brief discussion of the data most likely utilized: HvdroQraohv: lakes. streams. rivers, ditches, ponds: etc, will be obtained from the county_ Names will be added to water bodies as needed, 1 BuildinQ Footorints: Building footprints will be a key data layer in any commerciaVIndustrial application. Any available infonnation on commerciallindustrial buildings can be linked to the footprints to allow the GIS Ie user to perfonn a number of queries, The types of data linked to the footprints is outlined in Phase III - Commercial & Industrial Inventoty, Road EdQes' Road edges would be important if it becomes necessary to calculate square footage of roads or I parking areas, There would be a substantial amount of worked needed to create polygons from the road edge data, [t will be up to the group to determine the usefulness of this data. Cost figures for preparing this data have been included, I DiQital Aerial Photos: Scans of the aerial photos can be integrated into the G[S for reference purposes, They may even be used as backdrops for maps, The amount of storage space required for this data may be 1'-.- an issue, Potential storage options may be available including write-able CDs: ZIP or JAZZ drives: etc. I I I I -- I '-/10 o Q 0 0 0 0 01:5 0 0 0 0 0 0 0 <:) ~-~qoq~o~' ~_~ooo~oq~ -~o~ .O~ .O~OO -~~.. .~oo~ ~O~~OO~O~ ~o~~ooo~~~ OU~~~~~~M~ OU~~~~~~~~ . ~ _N~_~~N~ ~ _~~~~_~~ _ ~M ~~ ~~ N ~ ~~MM ;~~~OO~C~~ ~~~~O~~I~~~ ~~~~~~~ .~~ ~~~.~ -~NM~~ OM~_NM~~- 0 _~_NNM~ ,X N:X - c ;; :5 :3 8 8 g 8 :3 ~ ,~ ;; :5 :5 :5 8 :5 :5 gl~ - Q " :5 g 8 8 8 "M "'m Q ~ ~ ~ ~ 51 51 Sl... .;:U <:S,(Q(',l(QI.O-iZ,' -<<UN__C'l<'l_N ~ _ C ~ri~~~~~M - ~~~~~~~- ~ M = .. ~ ~ .~ = ~~oqoqocoq =ooooooc~ o N N ~ N N C'\i N CD :010 I4i M M III 0.0 n I,('j en ~-_ -- _~ ~% N ... - ~ 0 ~ 0 _ 00000000 Q 00000000 ~ ;oooq~o~1.ti ai;~~oqqoO;o _ e !COOOOo.OOO_ ~oo~oo~oo~ - -1.0 ~~~~ ~ ~N O~ c~ ::) UNtO -Z; ... 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'u- 4l _ 't:I ~ 0 0 ::':x'. ::' ::~:::::~::: ::w::~. ::::: I":l _ U .... u C c::.c as N "E u C ~.c CI) "::::-':'x' .-:.......~.. -............:j :.:. I ~ ~ ;:: G ~ l'" ~ <( G ~ l'" :i\I\\\t~~:~tflii;\I~;tt \\\\\ ~ .. Cl. I . s-q e 1'\3.97 Joseph Strauss Sttauss~~agementCompony - 85:5 Edinbrook Crossing, Suite 5 Brool:lyn Park, ~,e-;- 55443 . I Folt'~wing is a disc\l:lslon of future phases of the North .Ill!tro 351V Corridor Coalition GIS Project that ~'ou tequested. I tried to present some cost estimates where I could, Please take them with a grain of salt. I they are very rough.. Over ~'Je pa,;t ~'ear: I have spent a substantial amount of my o'm t~'lIe working "ilh the Coalition to develop I the first pna.e of ~'Je GIS project. \I, 'hite I have been haFp~' to help, it occurs to rr.e ~'lat rr.any of the future projec", that the Coalition is interested in will take a significant amol.lllt of additional research to detennine the fe2Sibility ond cos", of the technical aspects, If it would be appropriate. r would be happy to formally Ie pro,ide my services to help the Coalition sort through the complex technical issues and refme them into cnderstar.dabl~ tasks, I'm net sure ot'the bost way to present my services to the group, Perhaps some sert of rerainer that wmIld allow me to spend time researching techr>ical questions and providing se"ices wouid be usefuL Plea.. let me know what you think I If ~'ou have an)' questions. please give me a call at 35\-13\ S, rnank You. I Sincerely I Jerry Happel PlanSight I I I I .. I ---- .. (PI! The :'iorth :\-[etro 35W Corridor Coalition GIS Project: e Phases II Throu!!h HI: .~ ~,,~ 351,1,' Corridor Coaliti,'n rnov~;; ah~ad v;ith Phase r ot' th~ GrS rroj~c~ it is :une consider "ther potec.tia! proj~c:s desi:;ned to irnpro"e aJ".d enhance :h~ 35W GrS Da:abase for use a' a piaMing and ~conCr:uc d~\'clocrn~:1t toc..L Fol:o\vmcr is a brief discussion of t.ie Coalition's nex: tomcal st~O:i in dc';r:k?t.ng. anal~:zing. 'me. dtS$ernlnatl~ informacion pc~aining: to :he 35\V corridor. r:i.cy-ar~ 0['g~iz~d - !l"'.~~ Fh~C's that ret1ecc a g~~~:"al crder in wr.ich :~.~y co!;ld be: ur.c.ertake.-:.. :;:C'.Io'~\'~:. ~om~ phases (such as G: anJ \"II} should be ci.msictered as soon as p0ssible. Th~ tentatire C'-'S~ estimates included f:r each fha:sc are for dis::usston purpos~ onLy and may rary greatly depenJir.g on the actual tasks required. - Ph... IT. Training . Tra.i.."1.i.-~g 1S 2n irnpor:anc lssue in the de\'dl"lpmem of a 'iucCeSSfuL Grs program. RJs.:\ill~ is th~ orJy ~o::'_'r.u."ity pamcipati.~g in the proj~c: that has dedicated GiS staff. n.~ scaff participating in the GrS project I fron-: :h~ "Lh~r ccmmuniti~s v,-ill need addt:ionnl t::!~nir.~ to b~ :b[~ :0 fully utiE!~ t~~ 0:S ~cft'tx~ and data. Discou.-,t;j ar~ availabl< from a number of SOUIces for grOl.lp trainir.g sessions Trair.ing cours~s held speclficaily for the 35W Grs program near or at th~ end of Phase r would b~t!er insure the success of the I project Additioml !r3ining should be ,ch~duled aft~r th~ completion of other phases to help staff h~tt~r '.lIlde:'S:..:'td and utilize the data prepar~d, The co:;t for a group CCUIses wlll vary dep~~dlllg on the number of se,>lOo.$. duration. and numh~r of participants Phase IT. T:-aininl! Tasks' I . O\"~raH system o!,~rations with!n. e3ch community . Databas~ cr'eation:rnaint~r.ance eI . ), !ar.l!gernent of supplied County data sets and data form other cornm",.;,ies and organizations . Output ger.ecation (hardcop~' maps, repocts: spr~adsheets. screec, grapI-ics (G';1 desl~), . GrS distribution within ~ach cOhlrnunity I . GrS for Web pages, Est~'11ared Phase IT COSt: S:50,O')-person for each s~ssion, I Ph". ill - Commercial/Indu,trial Invenlory A cOt!'_l1<rcial:industrial inventory shvuld be undectaken to aid in th~ d~veloprnent of a joint rnarketlng prograr.1 among the 35W Corridor Cities to attract and retain quality industrial and commercial tax bas~ and I emp~0yr."!~nt. r.,'!uch cf t~~ data needed to address most questions related to Comrn~['ctal and Industrial propecties is aiready avaiiable ~~ a digital format from a nurnb~r of different sources. Th~ 1>.liMesota R~al Estate JOI.lI1"..1 IJ.-1REJ), R:uns~: and Anoka County Property Records D~pa."m"":s, Metro East I Develcpme::t, th~ )'linnesoca Depactn1;nt ot'Trade and Econ'omic Development, and each of the C"aiition Cities all maintain commercia! or industrial information for some or all of th~ area, Phas~ ill wold focus on $Ji.:"-.::; t~"!....",ugh all 'Jf th.:.::; mf;nr.a~ivn a;,-ai~abte and lir~mg it to th~ 35\V Gr~ Database_ ThiS infc.r:natior:. I could th;n b~ queri~d and mapped by users, Phase ill Tasks: I . Ide:1tifying, as"~'sing, and accessing internal and ~~t.mal sourc~s cf commercia! & industrial i.nicrmation. . LL'lking commercia!!ind'Jstrial databases to 35W GrS parcel database, I . This: r:p"rt was generated br Jerry Happ-:I IJf?lanSight to help r<l..::ilit~e furt.."tc:r Jiscusst<Jn concerning the: future ~l'ect3 of the 35W .. 0[3 r:-"'J:::''t. tt"Y1U t-..'\\t::uti" qUC:.:iti\Jn5 please CUrKaCl Jerry at Hl.1318. I - . . 7/? . Del:ne~tlng multl-teruL~t PINS for commercial and ,n;!ustrial parcd. or. the bas.map . L'pdating Commercia! & Indust:ial parcd. :md bo.:i lding footprint. as needed, . . Linking Att-ibute data to building tootprutts, E.u"ald Phase II! costs' $5:000.$10.000 (not including costs of pur::hasL'1g or licensing Jata), Ph... IV . Incorporntina Additional Reaional'" Sianilicant GIS Databases There arc a number of additional GIS databil:les avaiiable that couid be integrated into the 35\\' G[5, Some of these include: . Hocsing. . Traffic Counts. - . Conraminat~d Sic::s. brol,~nfietds. . ~ln.'DO T transportation data - . Wetlands. . . Watmheds. . S.:hool Census, I . C~nsus infcrm~rior. (~.'(i:sti!".g ar.d ~~chanisms f(,,1r th~ ir.t::g:'~!~ur. of C~nsus :00(1 6ra). . Devdopment or Redevelopment Restrictior.i: . Soils, I . TIF Districts. . COl:llty Assessors Da:a. . Elevations, Hazardous Materia!s, I . Photographs (building:;, parcels: intersections. aeria!.), . Sewer, . Water, .. . Special Districts (Shordand, Schools, Political). . Points of Interest. . ete, I These dutaoil:lC:l are maintained hi' a number of scurces a.'1d need to be researched fur.her to detcrrnL'te their usefulne.. in reachmg the overall goats of the Coalition. PhasdV Tasks I . ldentif)' and assess the quality and importance of available database., . Obtain and mt.grate highest pricrity databases into 35W GIS Database. . Develop G[S database. from scratch as needed I Estimated Phase rv Co.ts: Will vary significantly dependir.g on the number and type of databaies required. Estimated Cos:., S:500-$ I 0:000 (not including costs of purchasing or licensir.g data) I Phase V - Custom Applications Al'cVi~w,. the GIS software used b)' all of the participating cities, can be customized to automate routine or I ~vmplex ta:>"s, Phase rv will involve identifymg the desired aFplicat:~ns ar.d writing .':"'enuc .;qipt$ for us~ 'oy all of th~ cities, It will be importa.'ttto d~velop custom appllcaticr.s for ..>.rcView that make it easy to query th~ data. I Phase V Tasks . Identify d~,'elop scripts to automate or simplify routine or compl~'C tasks . De"elop simple qu~ry screens for managers!d~cisior..makers to manipulate cotridor data. I Estimated Phase V Costs, Th~ cost of custom scripts will ,.."'. significar.tly depending on complexity of t-~e it task being aut'Jma!ed, Simple scripts may cost less than 550000 while hig.'Uy complex scripts may cost 5500(01) or more, I --------------- ---------------- th- . - Phose \'1 . Public Ace... e- l-lah~g the data obtained in this project available to the public should be tl':e overriding goaL There are a variety of ways to <iisseminate this data. including, !nte:net home pages ior ea.::h city, kiosk:;, CDs, periodic repom, and others, Phase \1 should focus on the best ",ays to promote ~'1e Commercial and Industrial properties along the corridor, Phase Y1 . Pote:tt,al Tasks: . ~la9 Generation via MapObjects . Storage and di.semination of data on Hamline and!'cr ESRI .erver, - . C~unt~:' terminal for staff/studt::nts/de\'e!op~!'SJ:etc. . I-35W data access via the Web - Estimated Phase \ 1 Costs: Undetermined - . Phase VII . On20in2 :>'laintenance And Enhancement Plan: I The ongoing maintenance and updating of the information generated through Phases 1.\1 will re"uLte a significant amount Q[ tlme, .".s the GIS databases are being de,'eloped and utilized in Phase. [. Vr, the Coalition needs to address the long term issues surrour.ding the de,'elopment of this progra.'11. I Phase VII . Determine where ",ill the 35W GIS databases reside I . Identify how are the GIS databases updated and maintained . Determine who provides ongoing technical support to the project Estimated Phase VII Cost: Undetermined, eI I I I I I I I -. I ~---~,. -- ----- I' " . I CITY OF ARDEN HILLS ,. MEMORANDUM I DATE: December IS, 1997 TO: Mayor and City Council I FROM: Kevin Ringwald, Community Development Director ~ I SUBJECT: Acquisition of digital aerial photography I Request The City Council is requested to authorize the acquisition of digital aerial photography for the City of Arden Hills and approve of Phase I, Part 2 of the GIS program. I What is digital aerial photographv Digital aerial photography takes the latest aerial photography (Metropolitan Council, Spring of I 1996) and transforms that photography into an electronic file. Essentially the product that the City would receive is an aerial photograph of the City which would reside in the City's computer. This product would have a horizontal accuracy of three feet. The cost to have this .. product completed by Markhurd Photography is $6,817.00 (Exhibit A). I The City through the joint powers agreement it signed with the Ramsey County GIS Users Group has the ability to jointly purchase this product with other user cities. The City Council may remember that when the GIS purchases were originally approved by the City Council, on I February 24,1997, that the cost participation for the digital aerial photography which supports Phase I, Part 2 of the GIS program had yet to be determined. The Staff stated that it would return to for approval of Phase I, Part 2 of the GIS program and acquisition of digital aerial I photography when the cost for the photography became known. What are some uses for digital aerial photoeranhv I The product will allow for the inclusion of aerial photography as one of the layers of information used in GIS program. Specifically, the product will allow for the quick and accurate identification of road, lake, and building edges. For example, if the engineer was evaluating I storm water run-off in a particular area, the engineer could easily compute the size of a parking lot (ie., road edge) which may be contributing to the particular problem. Also, trying to I determine relationships of and distances between houses (building edges) could be shown in a variance case. Lastly, being electronic, all of this information can be portrayed as part of Staffs memorandum or be printed out as a hard copy (paper). I fI I -..- ------------ ---------------- -------- --------------- --------- .. .'1 , What is Phase I. Part 2 of the GIS nroll"ram I Phase I, Part I of the GIS program (conducted by PlanSight) constructed the parcel information, .. road name/centerlines, zoning designations, comprehensive plan designations, and the existing land uses for the City. Phase I, Part II of the GIS program would construct the lakes/streams/ditches/wetlands, building footprints, road edges, and aerial photography into the I GIS. The cost to have this product completed by PlanSight is $1,475.00 (Exhibit B). Budl!et Impact I The requested purchases, in total, would result in an unbudgeted 1997 capital expenditure of $8,292.00. The Staff will be requesting that the North Metro 1-35W Corridor Coalition to pay for the digital aerial photography ($6,817.00) for the corridor cities. If the Staff is unsuccessful I in obtaining this funding from the Coalition, then the Staff would request authorization to utilize City funds for the digital aerial photography. The Staff and the Coalition had always anticipated that the participating cities would themselves pay for Phase I, Part 2 of the GIS program. I Recommendation The Staff requests that the City Council authorize the expenditure of up to $8,292.00 to purchase I digital aerial photography for the City and commence Phase I, Part 2 of the GIS program, based on the understanding that the Staff will first request the North Metro 1-35W Corridor Coalition to I pay for the digital aerial photography ($6,817.00) for the corridor cities and if unsuccessful, then will utilize City funds. ~ I I I I I I I -- I I. ''''...''-.. .,- ere . d 1ti.l.O.l. . . "o..r, ... ., ....'~ 1"".....<:.1:- ...--....:.. I ' ..- ilk - ,. I P/C1f101-r A !I, CLS! .!ii lil888 I ~~. ....888 ~ I 00", "8!~.'.' ' ..,'< .. ".0>' " !M:t:NCDO .._..~::......:i 'fl f"o. -; .._.. .'0 - ,. . "l.~ x' ~ ? 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III 0 W W ... ~. .~ . .~...~ 1 I Ii~. is ~ .~~~~< .. 55' g <. ~ 5'~~'~'~~ ~t~~' o.~o., "8.~'>~'o I ~~~" .~.~~!~~ ~ !~!~~~!,~fi i"l~i~ ~~~I~~~i! ~ I ~a~~!~~I~ ~.~. .. .i~"'-!~ ." ....!..~.~ tfj Jo,dl~g~ i S!I!:1 UII: l!!i ,~~9~::ES!i$CLj;! ... c. ~~ _f83Ia". <ai~l!l~fi~~1 I ~- 1 ; I: ~t1fflkf1 ~~f.l.16rr ~ ~ I GIS & PlANNING TECHNOLOGIES it Draft North Metro 35W Corridor Coalition GIS Proiect Outline I Introduction: This document is intended to outline the information required to initiate the development and 1 implementation of a regional GIS program for the North Metro 35W Corridor Coalition, The GIS program discussed here is similar in scope to the GlS program being developed by the Dakota County Economic Development Partnership, Implemented correctly. a regional GlS program could prove to be an ideal way for the live cities of the North !>Letro 35W Corridor Coalition (Arden Hills, Mounds View, New Brighton. I Roseville. and Shoreview) to address common planning and economic development issues facing the area, The North Metro 35W Corridor Coalition has at least three advantages that the DCEDP does not. First, the size of the proposed project area is substantially smaller than lhe area in Dakota County, Second. the project I would benefit from having the latest topological data from recent aerial photos. which will reduce the amount of added labor necessary to update e,osling buildings, roads. etc, Third. the North Metro 35W Corridor Coalilion has a much stronger and more identifiable common interest: 1.35W, These advantages I mean that a North Metro 35W Corridor Coalition G!S project. similar to DCEDP's GIS Program, would be much more manageable from both an administrative and a technical perspective, resulting in lower costs and a completion in a shorter time.frame, I The following pages outline the data and procedures necessary for developing a GIS project for the 35W Corridor that focuses on Commercial and Industrial areas, Estimated time and cost figures are covered as well. The project has been broken into several phases to make it more manageable, Phase I deals with Ie bringing each city in the group up to a common level concerning their GlS databases, Phase II outlines the opportunity for joint training once the data in Phase I is available, Phase 1I1 involves a Commercialf[ndustrial inventory that would provide the cities with the information necessary to promote economic development and redevelopmem along lhe 35W Corridor. Phase IV addresses the potential need for custom GIS 1 applications that could be developed and shared among the group, Phase V is a brief discussion of methods for making the commerciaVindustrial data more accessible to the public, I Phase 1- Base Data Development: Phase 1 has been split into two pam due to the availability of data, The data required for Part I is currently 1 available from Ramsey County and the participating cities, The data needed for Part 2 will come from the aerial photos taken this spring, This data will not be ready until al least this fall, As soon as the data is available from the county, Part 2 can be undertaken, I Phase I - Pari I: Part 1 involves the development of the "core" data lhat will be used in the project. The core data should include parcels. roads, zoning designations, comprehensive plan designations, and existing land use I designations. Also included in Part I is the creation of maps from the dala for editing and presentation purposes, Following is a brief discussion of is sues surrounding the core data: Parcels: Ramsey County has completed its update to parcelsllots for all five cities, The county maintains I information on both lots and parcels (a combination of several lots), For the purposes of this project, parcels should be the primary base layer, There is some question as how to best organize the relationship between lots and parcels when dealing with both ArcCad and ArcView, The county: however, is flexible in the way I they provide the data and format issues should be easily overcome, A more important consideration is how up.to-date the data is, The completed parcel layer recently obtained by the City of Rosevi\le suggests that the parcel data has not been updated for as much as a year. At this point it is not clear whether or not the tI' 1406 South Greeley Street - Suite 2 - Stillwater, MN 55082 - 612/351-1318 I .o/~ 'I county will be able to update the data in time for this project Therefore: the cost of adding new parcels to I the county's parcel layer has been included in the project, Road Names/Centerlines: It is important to have road names that are viewable at a number of different -. scales, This means the road names provided by the county will have to be re-scaled and repositioned for maximum legibility, Road names can be garnered from the Ramsey County centerline database, The centerlines themselves may prove useful for the participating cities and should be included in the project No I updating or improvements of this layer is expected, Symbols for interstate highways, state highways. elC, should also be added, Zonin2 Desi2nations: Up-to.date zoning designations will need to be pro,ided by each city in digital or hard I copy formats (maps), A new GIS coverage based upon the zoning information should be created, The zoning data should also be added to the parcel coverage for ease of referencing in ArcView, Comprehensive Plan Desi2nations: Up-to-date comprehensive plan designations will need to be provided by I each CilY in digital or hard copy formats (maps). A new G[S coverage based upon the comprehensive plan infonnation should be created, The comprehensive plan data should also be added to the parcel coverage. Existin2 Land Use Desi2nations: Up-to-date land use designations will need to be provided by each city in I digital or hard copy fonnats (maps). A new GIS coverage based upon the land use infonnation should be created, The land use data should also be added to the parcel coverage, Land use data may also be available from other sources (Le, met council. Ramsey county. etc,), It will be the responsibility of each city I to verify the accuracy of the data used, Maooin2: Four maps should be created for each city: a base map, a zoning map, a comprehensive plan map. I and an existing land use map. In addition, maps for each of these categories should be created for 1-35W corridor area, These full color GIS maps should include acreage and percent of each designation, The colors used for each designation in each city should be similar for visual consistency (yellows/orangeslbrowns = tJ residential, reds = commercial: grays - industrial. etc.) It is possible that printing costs for editing purposes and final map output may be mitigated by using existing printers in each city. therefore: printing arrangements should be further explored, At a minimum. each city should receive a hard copy and a digital file (suitable for in-house printing) for each of the following: I Base Map (Monochrome) I copy in small report format (S-I/2xll) I I copy in large report fonnat (1IxI7) I copy in small presentation format (approx, 24x36) 1 copy in large presentation format (approx, 36x4S) Zoning Map (Color) I I copy in small report fonnat (S.1I2xll) I copy in large report format (1IxI7) I I copy in small presentation fonnat (approx. 24><36) I copy in large presentation format (approx, 36x4S) ComprehellSive Plan Map (Color) I I copy in small report fonnat (S-1I2xll) I copy in large report fonnat (1IxI7) I copy in small presentation format (approx, 24:<36) I I copy in large presentation format (approx. 36x4S) Existing Land Use Map (Co[or) I copy in small report format (S-1I2x II) I I copy in large report format (1Ixl7) .. I " "3/~ . I copy in small presentation format (approx, 24x36) --- I copy in large presentation format (approx, 36x48) - North Metro 35W Corridor Coalitioll Maps I copy of the 5 City Base Map (monochrome) in large presentation format (approx, 36x48) 1 copy oflhe 5 City Zoning Map (color) in large presentalion format (approx. 36x48) I copy oflhe 5 City Comprehensive Plan Map (color) in large presentation format (approx, 36x48) I copy of the 5 City Existing Land Use Map in large presentation format (approx, 36x48) . Additional copies. mounting. laminating, framing. etc, should be the responsibility of each city and is not included in the estimated cost of the project, Phase { - Part 2: The second half of Phase I involves integrating the data obtained from miscellaneous sources including the - aerial photos taken this spring, The topo data expected to be available for the corridor area includes building footprints: road edges. bridges. hydrography. railroads, etc, it will be imponant to have Ramsey I County deliver as much of this data as possible in polygon format, This ....ill insure that acreage for lakes, building footprints: elC, can be determined, GIS data obtainable from other sources could include wetlands. flood zones. soils. existing land use: demographics. etc, It is expected that some of these layers of information will be desirable in the project. therefore, cost figures for these have been grouped under the I heading "miscellaneous data". Following is a brief discussion of the data most likely utilized: Hvdroeraohv: Lakes. streams. rivers. ditches: ponds. etc, will be obtained from the county, Names will be I added to water bodies as needed, Buildin2 Footorints: Building footprinls will be a key data layer in any commerciaVlndustrial application. Any available information on commerciaVindustrial buildings can be linked to the footprints to allow the GIS Ie user to perform a number of queries, The types of data linked to the footprints is outlined in Phase III - Commercial & Industrial Inventory, I Road Ed2es: Road edges would be imponant if it becomes necessary 10 calculate square footage of roads or parking areas, There would be a substantial amount of worked needed to create polygons from the road edge data, [t will be up to the group 10 determine the usefulness of this data, Cost figures for preparing this data have been included, 1 Dieital Aerial Photos: Scans of the aerial photos can be integrated into the GIS for reference purposes, They may even be used as backdrops for maps, The amount of storage space required for this data may be 1.-.--" an issue, Potential storage options may be available including write-able CDs. ZIP or JAZZ. drives. etc. I I I I .. 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(5 ;:;:::::::::::~:~:~::~:;;;'::::a);:::~!.::: o u _ :: CD a. t.n.~ t.n ~ l- 0 _ c t:C a. r.II .~ r.II e.... ;::::::' ..:t::.~;:...::.>>::. ...:1ll::: . ::::: ~ ,.- . ~,,~ 0 0.6 . ,- · ~ '" - 0 Q ~ ",'.',m..!'..,""~..l.'~';<l:" ,..'. - u - - aI ~ U '" - C ClI ~ ~ .:,:,',: ':':':':', ':. :,'ci.'=':;j; ,.... I <": - ;:: U c 0:: .c (f.) C"I ... U .... - (J) .....:... .... .......... ,~. .... ...~:w .:::: ~ : ~ ~ ~ ~ ~ ~ I < <J ~ ~ CI) ~~~j~j~~j~~~i~1:~j~\j\~~~~~~~~~~I~~~j~~jjt~~ l . Ii -- I I' s-q I it I 2,'13;97 I Joseph Strauss Strauss )"-lanagement Compnrt>. 1 35:5 Edinbrook Crossing, Suite 5 Brookl>n park, )',1>< 55443 I F oll'JlVing is a d,scussion of future phases of the North .II e!ro ,?jry' Corridor C oalitiOfl GIS Project:hat you requested, I tried to present some cost estimates where I could, Please take them with a grain of salt, I they are very rough, Over the past year. I have spent a substantial a:nOU:lt of my own time working "ith the Coalition to develop I the first phase oft.~e GIS project. While I have been happy to help: it occurs to me t.'lat ma.'1Y oft'le future projects that the Coalition is intere:.ted in will take a significant amount of additional research to deten1\me the feasibility nrtd costs of the technical aspects If it would be appropriate: I would be happy to formally Ie prc~'ide my s.,,:ices to help the Coalition sort through the comple:< technical issue:. and refine them into understar,dable tasks, I'm not sure of the best way to present my seClices to the group. Perhaps some sort of rerainer that would allow me to spend time researching tecru.ical questions and providing seClices would be useful. Pie.... let me kr.ow what >'ou think, 1 If you have anI' questions. please give me a call at 351-1313, Tnank You. I Sincerely I Jerry Happel PlanSight 1 I I I .. I ~/i "I I The :\orth :\[etro 35W Corridor Coalition GIS Project: .. Phases II Throueh \11.' ...... ~~~ 35W Cvrridor Coalition move> ah.ad witl1 PI1as. [ ot' th~ GIS proj.ct. it is :irn. consid.r ml1<r I pot.c.tia[ proj~c:s d.sign~d to irnpro'-~ a~d .nhanc. tl1~ 35W GIS D3:ao." for us. as a plaMing and economic d~...~lopme:1t to(.~L Fo!iO\y"ing is 2 brief discussion of t.ie CoalitlQn's nex: togicat step:s i:t de';e[c?l.ng. analyzing. 'and disseminating informacion p~~Jining to ~e 35\V corridor. !:;.:;y are orgar~iz;-d I ~~r: Phases that r~t1ect ':1 g~::;-ra( o~der in \t;bd:. :~~y cor..:.k!. be ur:ce:-l2k::;-.. :;:o~,\"~\'~r. ;50C:~ ;bses (such ,1$ r:: and \ '!::i should be cor..:itdered 3S SOon as p0$sible. The te~caci\'e cost ~stUnates induded f;:r each ~ha:ie ar~ for dis:USSlO:'1. purpose';) only and may v'a.r;.'.greatly depenJing on the :l..:t~t tasks requiud. Pl1oso II . Training I Trai....!i~:j: (S 2.n important issue in the devdopment of a .;uccessfui GfS p:oograrrt. R.'s~\'i.ll~ is tht orJy ,::orr'_'tlu:.jty panicipaciztg in t!1~ proj~Ct rj,.at ha.$ d~dicac~d GIS staff. The:: s:aff partic:pating in th~ Grs proj~ct I frarr: :h~ ,:,rher ccrr:rnL!J1(tles wilt need gdd~:LOnJt ~:';!~n~r.g to be 3b[~ :Q f,lHy u.ciEz~ t::~ G[$ ~cft\tJr~ and daea_ Discounts at. 2'-ai!.bl< from a number of sourc.s for group trainir.g s~ss'ons, Training cours~s l1eld sp~cifical!l' for th~ 35W GrS progr"oltl n~ar or at tl1. .nd of Pl1ase I would b.tt.r insure ~'t~ succ.ss of tho I projm AddieiOMI tr2lning sl10uld b. scl1~dukd aft.r tho completion of otl1.r phas~s to n<lp staff b~tt.r und.:-S:.,:ld and utiliz~ tho da", pr.par.d, The ccst for a group ccurses wtll vary d.p~nd,,'g on th~ numb.r of s~sions_ duration. and numb~r of participants, I Phas. IT. Trainine Tasks: . O....rail syst~m op.raeions within .acn comrn<mity . Database creation:maint.r.anc. .,I . ~rar.ag~:n.nt of supp[i~d Co"',ty data s~ts and data fonn oth.r comrnt:.-u,i~s and orgarJz.ations . Output g~n<'"tion (hardcopy maps, r.por''', spreadsl1e~lS, scr..c, graprics (Gr;l d~slgn), . GrS distnbution witl1in .ach community I . G[S for W<o pages, Estlrnat.d Phase II Cose: S251).O)'p~rsan for ~acl1 s.ssion. I Phaso ill . CommerciallIndu,trlal In,-onton- A cO""'1terciaVindustria[ in,-entorl' shvuld b. und.r.ak~n to aid in tho de,-dopment of a joint mark.tmg I program anlong tl1~ 35W Corridor Cities to attract and retain quality industrial and ccrnm~rcial tax bas~ and ~mplc<yrntnt. ~fuch cf L~~ data needed. to addr~ss most qU~stlvns related to Commc:rcial 3tld Industrial pr~p.ni~s is air.ady availa'!~ in a dlgita! f~rmat from a numb.. of dtfl~rent sourc.s_ Th~ MiM~sotu R.al Estat. 10w-r..l 0-'!REJ). Ramsey and Anoka County Proper.y Records D~partm.nts: M.tro East I D<\-~lcpm.::t: tho ~'(iM.SOta D.panm.nt of Trad. and Ecvnvmic D.vdopm.nt, ..,d .aeh of th~ Coalition Cit,~;; aU maintain comm~rcial Or industrial infonnation for som. or aU of tho or.a, PI1as~ ill wold focus on so..::..-:; ,=-~-.)ugh all 'Jf thi::; inf;rrr.a~Ll,jn avaltabt~ and lin.km~ it t'J the 35\\" GIS Crataba~~. This inicr:natior.. I could th.n b~ qu~ri~d and mspp.d by us<rs, Pl1ase ill T ssks: I . [d.::tifying, ass~ssing, and acc.ssing intemal and e:-:temal SOl.:rc~S cf cornm.rcia! & industrial information. . L~"l.:ing comm~rcial!ind'Jstrial databas.s to 35W GIS parc.i database I . This r:p:on was !et'1crated b)' Jerry rupp<:luc"?lanSight to hetp fadlime furt.'Ier Jiscussir.:n ~onr.:eming: the futur: aspect:i of the lSW .. Qt) ~iJj:..". tfy.,u h.1.~O:: lJl1~: GtOc:stiQn5 ptell..ie Cunlact Jerry at Hl.t3lS. I - '" 7/? I . Dt!:nt:lt~g mtJlt~.te~"'lt ?~S for .:o~.rne:cial and ~.:iustriat parc~ls -Jr. th~ bas~rnap. . L'pdating Comm~rcial & Industrial parc~ls;md building footpri:1tS as n~eded, ~ . Linking Att."ibuu data to building footprmts, E.t:mat.:<! Pha.e m costs: S5.000,SIO.I)f)f) (not including costs of >urchasiJ'lg or lic~nsing 6ta). , Phase IV . Incorooratina Additional Reaionalh' Sianific.nt GIS Oat.bases Th~r~ ar~ a numb~r of additional GIS Jataba:;<s avaiiab:~ that couid b~ integrated into the 35\\' GIS, Some of th",< include: I . Hocsing. . Tramc Counts. . Contaminated Sit~s. brol,J,nti~lds. . o.-L'liDOT transportation data I . Wetlands. . Wat~rsh~ds. . School Census. I . c ~r:.sus mfcrmzt~o!"'. (~.'(ist~!".g ar.d m~chani-:)rns f..1r th~ ~i!.t~g:~!~0r. of C ef"l-sU$ ~OI!O dan). . Devetopm~nt or Redev~lopment Re5trictior.~, . Soils: I . TlF Districts. . County ."-ss~ssors Data. . Elevations, Hazardous Mat~rials. I . Photogcaphs (buildings, parcels, intersections, aerial$), . Sew~r. . Wat~r. Ie . Sp~ciai Districts (Shorel:md, Schools: Political). . Points of Interest, . etc. . Th~se databases are maintain~d bi' a numb~r of sourc~s and need to be r~s~arch~d fur.her to detennL'1e their usefulness in r~achlIlg the overall goals of th~ Coalition, I Phase IV T a.ks . Identify and a.;sess th~ quality and importance of a'll\ilable databas~s, . Obtain and integrat~ high~st prierity databas~s into 35W GIS Database, . D~,'olop GIS databas~s from scratch as n~eded I Esti~ated PhaseN Costs: Will vary significantly d~p~nding on the nurnber and typ~ of da:aba.~es requi;ed, Estimated Costs: S~5ijO.SI0.f)t)O (not including costs of purchasing or licensing data) . Phase V . Custom ADDlications .-\rc Vi~\\': the GIS software us~d by all of the participating cities: can be custo:nized to automate routin~ or I complex ta."" Phase IV will involve id~nti"ytng th~ cieslr~d a>plicat:;:ns ar.d writing ;"~nue scripts [;Jr use l:y all of ~"e cities. It will be import.a.'1t to d~"elop custom 2pplicaticl'l3 for .....cView that mak~ it easy to query the data, I Phas~ V Tasks . lcemify develop scripts to automate or simplify rcutine or ccmplex l3Sks . Develop simple query screens for m~ers!:lecisior:.mak~rs tJ manipulate corridor data. I Estimated Phase V Cost;: Th~ cost of custom scripts will ''3!)! significantly depending on comple~itj' of the ~ task being aut'Jmated, Simpl~ scripts may cost l~ss than ~5t)O,O(l while higllly complex scripts may cost 55000 00 or mor~, , 8;f - '.'1 ~ Ph.Je .., - Public Accm :.lakbg th~ data obtained in this project available to the public should be the e"erriding goat. There arc a ,1lCiety of ways to disseminate thIS data. including, !lItemet home pages for ea;:h city, kiosk:!, CDs. periodic repom, and othe"" Phase \1 shOlJld focus or. the best wa~"S to promotc to'!e Commercial and Industrial properties along the corridor, Phase \1- Potemial Tasks: I . Map Ger.emllon via MapObjects . Stor3ge ane! dissemination of data on Ha.'11line and/or ESRJ: se:'o'er, I . c.ountcr termmal for staWstudentsldevelopersietc, . 1.35W data access via the Web Estimated Phase \1 Costs: Undetermined I Phose 'lIT - On.oine :-'I.intenance and Enhancement Plan: I The ongoing maintenane< a.'\d updating of the information generated through Phases 1.\1 will requite a significat'.t amount of time, .~ the GIS databases are being de'-eloped and utilized in Phases I-V!, the Coalition needs to ae!dress the long term issues surrounding the development of this program, I Phase vrr . Determine where "i II the 3 5W GIS databases reside I . Identify how are the GIS databases updated and maimained . Determine who provides ongoing technical support to the project Estimated Pha.. \ 11 Cost: Undetermined, eI I I I I I I I -. I l~,'T~~ii"""""~'\:>;l;~'''''-'''~':''~'~''"<"''~'-'!~i'''''''''"~I~"<"W^"""''''-I'I!'l'lr','''1'~<<' "'.i""<:~;;"'!T:,! ~\C'''~''~'~~''''''''''''.,:,'' ",' ,". ", "..<,' ,',','.',',' """""F"'\' " ,"y,""< "" :.,-", ., '_. . . . . ...."...- . '._ .' ':_ ", ":.,,, . ",' " _".-,-.:.. ',T,":'.: .,...":..':.....:... . ' .. .. .." .. .. . I REVISED I_ AGENDA ARDEN HILLS CITY COUNCIL WORKSESSION I ARMY RESERVE CENTER - 4655 LEXINGTON AVENUE NORTH MONDAY, DECEMBER IS, 1997,4:45 P.M. . NOTE I THE 1998 FINAL BUDGET & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING, SPECIAL COUNCIL MEETING, I AND A SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) WILL BE HELD BEGINNING AT 7:30 P.M. . I 4:45 P.M. 1. Call to Order .e 4:45 P.M. 2. Approval of Meeting Agenda I 4:50 P.M. 3. City Issues - Short Term I a. Architectural Alliance, Peter Vesterholt - City Hall Preliminary Design b. Highway 96 Discussion with MnDOT and Ramsey County I c. Codification, Chapters I - 10 I 6:30 P.M. 4. Miscellaneous Items I I 6:45 P.M. 5. Adjourn I I · The above times may vary depending upon length of issue discussion. I _.~ "'~~';f-:r;J{;,~7~"~~'r~~~l::~1""'~,,",r,~?~~,~'r~J'~'.^~< ,~<:>r,v~:,!~~~~~~?~:"~~f(t~,;.- .'~::(";'-"~\/'~':">"_'" ~\-"'~'.t*'::--:~;"'- .;;,:$!:''*'!'~~;':'''f,,;:9' '~(:.o I .- AGENDA ARDEN HILLS CITY COUNCIL WORKSESSION I ARMY RESERVE CENTER - 4655 LEXINGTON A VENUE NORTH MONDAY, DECEMBER 15, 1997,4:45 P.M. I NOTE THE 1998 FINAL BUDGET I & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING, SPECIAL COUNCIL MEETING, AND A SPECIAL MEETING OF THE I ECONOMIC DEVELOPMENT AUTHORITY (EDA) WILL BE HELD BEGINNING AT 7:30 P.M. I 4:45 P.M. 1. Call to Order I Ie 4:45 P.M. 2. Approval of Meeting Agenda I 4:50 P.M. 3. City Issues - Short Term I a. Highway 96 Discussion with MnDOT and Ramsey County b. Codification, Chapters 1 - 10 I 6:30 P.M. 4. Miscellaneous Items I I 6:45 P.M. 5. Adjourn I I fI The above times may vary depending upon length of issue discussion. I ------...-------..--------- _p~~~~r.P~_~~ft"1~i~~JrIE'IJ~~~1~..~<,~ :;h,"'_. "::'-', "~~i"-jj t"o/.!~',:~>",~~_,:"';-~'<'i",e-_':"-' ""C-"';';' - :-:1;";' December Meetings January Meetings December 3 Newsletter Committee 6:00 P,M, January 5 Organizational and 7:30 P.M. Regular Council I December 3 Planning Commission CANCEL Meeting Decem ber 4 Truth In Taxation 7:30 P.M. January 7 Planning Commission 7:30 P.M. Hearing I JANUARY 10 TOWN HALL MTG. 8:30 A.M. December 8 Business Relations 4:00 P.M. (Benson Great Hall @ TO Committee Bethel College) 12:00 P.M. I December 8 Council Meeting 7:30 P.M. January 12 Council Meeting CANCEL December 11 Truth In Taxation CANCEL January 20- Council Worksession 4:45 P.M. I Continuation Hearing (-Tuesday) December 15 Council Worksession 4:45 P.M. January 26 Council Meeting 7:30 P.M. I December 15 Budget Adoption 7:30 P.M. PENDING Business Development 8:00 A.M. Hearing Committee December 17 Business Development 8:00 A.M. PENDING Business Relations 4:00 P.M. . Committee Committee Decem ber 18 Finance Committee 7:30 P,M. PENDING Public Safety 7:30 P.M. Commission December 18 Public Safety 7:30 P.M, Commission PENDING Parks & Recreation 7:00 P.M. . Commission December 29 Economic Development CANCEL Authority PENDING Finance Committee 7:30 P.M. I December 29 Council Meeting CANCEL Economic Development 7:00 P.M. January 26 Authority I PENDING Newsletter Committee 6:00 P.M. I I I I .. I _____n__ __ I I CITY OF ARDEN HILLS I- MEMORANDUM DATE: December 11, 1997 I TO: Mayor and City Council I FROM: Brian Fritsinger, City Administrat@ I SUBJECT: Administrator Comments, December 15, 1997 Council Worksession I NOTE THE 1998 FINAL BUDGET I & 1997 LEVY PAYABLE IN 1998 ADOPTION HEARING, SPECIAL COUNCIL MEETING, AND A SPECIAL MEETING OF THE I ECONOMIC DEVELOPMENT AUTHORITY (EDA) WILL BE HELD BEGINNING AT 7:30 P.M. Ie 1. Cily Issues - Short Term I a. Highway 96 Discussion with MnDOT and Ramsey County Jim Tolaas, Ramsey County, and Bob Brown, MnDOT, will be in attendance to I review some of the broader issues related to the Highway 96 and Highway 10 intersection. The Council is not being requested to take any specific action on this item at the meeting. Staff is attempting to locate a broader area map which can be I used to look at the other transportation system issues related to this intersection. b. Codification. Chapters l- 10 I Staff has prepared comments relating to Chapters I - 10 of the Arden Hills code. The City Council will be asked to provide input on these chapters in order to work I toward completion of this project. BF IsIs I I .. I ." -. I CITY OF ARDEN HILLS ,. MEMORANDUM DATE: December 12, 1997 I TO: May.".d c;ty C...cil .fii!J I FROM: Brian Fritsinger, City Administrat SUBJECT: Codification, Chapters 1 - 10 I Background I The City has finally received the second draft to the revised Chapters 1 - 10 of the Arden Hills Municipal Code. The Council received these chapters in last week's mail packet. The following is intended to raise questions pertaining to the chapters of the Code identified below. I Chapter 1- Code Introduction The City Council initially reviewed Chapter I in July, 1995 and in October, 1996. The City I Council did not have a great deal of comment on Chapter I. Chapter I reviews the general provisions and introduction of the Municipal Code. Chapter 1 has Ie generally been reorganized, but only two significant additions or changes have been proposed. The first is the addition of Section 120.05. The second is the change in Section 120.03 to the I language addressing fines. I have also discussed with the LMC the definitions included in this chapter. LMC has indicated I that the definitions here should be as consistent with the Zoning Ordinance as possible. As a result, several definitions need additional revisions. I Chapter 2 - Administration The City Council also reviewed Chapter 2 in July, 1995 and in October, 1996. Additional changes have been made based on Council feedback. I Major changes or issues to be considered in Chapter 2 are: I Section 210.02 Salary changes have been updated per previous Council action. The City Council may wish to consider additional changes. The average salary for our neighboring I communities is: Mayor - $7,600/year I Councilmembers - $5,892/year fI I ~ ~ '. Memorandum - Codification, Chapters I - 10 I Page Two December 12, 1997 .. The average salary for communities with a population of 2,500 to 10,000 is: Mayor - $3,200/year I Councilmembers - $2,4l0/year Section 210.03, Subd. 1 I The Council may wish to amend language on the date for the first meeting of the year. There is no statutory obligation to hold meetings on this date. Section 220.02 I The City needs to add language on the Economic Development Authority (EDA) Section 220.03 I Should be deleted based on previous Council action. Section 220.04 I The Council may wish to amend the forty-five (45) days for action required by the I Planning Commission. With the new sixty (60) day limit on Council action, this could present some problems. Section 220.05 .. Changed to reflect contracting for services in the area of fire protection. Section 240.01 I Deleted as directed by Council, corresponds with new Policy Manual being considered by City Council. I Chapter 3 - Licenses and Regulations The City Council first reviewed Chapter 3 in February, 1997. Other ordinances which the City I requested to have incorporated into this chapter by the LMC, but were not included, were Tobacco, Telecommunications, and Courtesy Benches. I Section 310.01 (B) Amended to allow for strong beer sales. I Section 310.03 & 310.04 Council deleted this in 1994. I Section 320.09 (C) Council should discuss the use of permits for garage sales. It is issued at no fee in order I to track the number of sales held each year by a homeowner. -- I I' I Memorandum - Codification, Chapters I - 10 ,. Page Three December 12, 1997 Section 330.01, Subd. 2, II, (H), 3 I Council may want to discuss the rationale being our desire to restrict hours of operation. Section 330.03 I The City may want to consider amending this portion of the ordinance to allow for massage therapists. The League did not have any suggested language for this issue. I Section 330.04 The City may want to discuss the licensing of taxi cabs. I Chapter 4 - Animals and Pets This chapter has now been revised to incorporate Ordinances 300 and 301, which were adopted I by the City several years ago. The League has only made minor definition changes. Section 400.01, Subd. 3 and Section 420 I The LMC is re-drafting this language to make it more clear. Chapter 5 - Alcoholic Reveral!es Ie This is from former Chapter 3 of the Arden Hills Code. Section 500.02, Subd. 3 I In order to assist with possible problems with strip joints, I have added language on nudity. I Section 510.01, Subd. 2, (C) Language has been added to our On-Sale Wine License to allow for the sale of strong beer. I Section 510.01, Subd. 3, (8) I Language amended to allow micro breweries as desired by City Council. Section 510.01, Subd. 7, (c), 2 I Language deleted to allow for annual payments rather than quarterly. Section 510.08, Subd. 1 I New language refers to State Statute. Section 520.01, Subd. 12 I The LMC recommends a change from 8 to 10 days. fI I -.. Memorandum - Codification, Chapters I - 10 I Page Four December 12, 1997 .. Chapter 6 - Nuisances and Offenses The City Council has not Xet had an opportunity to review this chapter of the revised code. In I general, minor language c1i~ges are made throughout the chapter. In general, the topics in this chapter are those about which the City receives most of its complaints. Staff has tried to revise the language in order to assist ~th response to those phone calls. This is former Chapters 2.5, I 10, II, 16 and 17. Changes proposed, or issues to consider, are as follows: Section 600.0~, A, 1 ": , ' i I I've inquired as to moving this portion of the chapter to another location for easier finding and reading. Section 600.02, D, I Note change from two (2) years to one (I) year I Section 600.02, L & M Note the new additions to the code. I Section 600.03 A section has been added to assist with safety issues, such as unshoveled sidewalks, ell obstructions, etc. Section 600.06 I I had inquired as to language strengthening our abatement process. The language from St. Peter, with some additional fine-tuning, addresses my concerns. Section 620.04 I This has been deleted as State Law does not allow it. The League has also included sample I~guage from the cities of Big Lake and Greenfield on abandoned property. The I Council rimy wish to consider this language. Section 630.02 I The City Council needs to review this section for consistency, and how it relates to the Ramsey County curfew. I Section 630.04 The City Council has historically discussed, from time to time, changes to this section. I However, the Public Safety and other committees, have recommended against changes. 0, Section 630.05, Subd. 5 I Staff would recommend putting on the fee schedule. -- I I ... I Memorandum - Codification, Chapters I - 10 ,. Page Five December 12, 1997 l"'r: Section 630.05, Subd. 6 I The City Council should discuss the appropriate party for the appeals process. Section 630.05, Subd. 8 I The City does not follow this. Staff would recornmenddeletion. Chapter 7 - Lakes. Trees. Parks I This chapter now consists of consolidated Chapters 4, 12 and 27 of the current code, '.h I Section 700 - l.akes While Section 700 indicates "Lakes", it really only applies to Lake Johanna. In addition to the items below, the City Council should consider whether or not the City needs any regulations for its other lakes. '.j . I Section 700.04 & 700.06, Subd. 1 I These two sections refer to the placement of buoys on Lake Johanna. I'm not familiar with this practice being done. .. Section 700.06, Subd. 2 The Council has had conversation regarding potentially changing the speed limit. I Section 700.06, Subd. 4 The Council has had conversation regarding a change in hours. I Section 710. Trees and Vel1etation Section 710 I Does the City want to allow boulevard trees withiir the right-of-way? - I Section 710.07 Should this be broadened to indicate that the owner is responsible as a result of any damage from storms and other acts of God or accidents? I Section 720. Arden Hills Parks System I Section 720.05, Subd. 5 Does the City wish to allow horses on roads or other trails? I Section 720.05, Subd. 7 Should this be broadened to include motorcycles, motorbikes, mopeds, all terrain fI and self-propelled vehicles? I . - ---------- ------.---------..-- ---- .,"- 1 Memorandum - Codification, Chapters I - 10 I Page Six December 12, 1997 -- Section 720.05, Subd. 9 Does the Council have any interest ,in banning snowmobile operations in the City I Limits? Section 720.06, Subd. 8 I The City Council should specifY a specific distance to be able to defense this item. The Council has had discussions regarding the disposal of open space sites. The City I Council may wish to add language to address this issue. ,A sample would be: Property which has been acquired by the City, by any means, as recreational or I open space sites shall not be directed to other uses or disposed of by the City, except in the following manner: I A. Parks & Recreation Commission Recommendation; B. Public Hearing; I C. Majority Vote of City Council; D. Replace Disposed Property; E. Appraisals fII F. Funds Exclusion to Parks BF/sls I I I I I I I -- I --...------- -""~"."';./"".'."-~'.:",,!,,~ FilE . AGENDA CITY OF ARDEN HILLS ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING ARMY RESERVE CENTER - 4655 NORTH LEXINGTON AVENUE MONDAY, DECEMBER 15, 1997, 9:00 P.M.(APPROXIMATE)* *ALL TIMES ARE APPROXIMATE* THE EDA MEETING WILL BE CONVENED IMMEDIA TEL Y FOLLOWING THE CONCLUSION OF THE CITY'S SPECIAL COUNCIL MEETING 9:00 P.M. 1. Call to Order 9:00 P.M. 2. Approval of Meeting Agenda . 9:00P.M. 3. Approval of Minutes a. November 24, 1997 Regular Meeting 9:05 P.M. 4. Unfinished and New Business a. Res. #97-04, Adoption of 1998 EDA Budget 9:15 P.M. 5. Miscellaneous Comments 9:20 P.M. 6. Adjourn . The above times may vary depending upon length of issue discussion. -~ CITY OF ARDEN HILLS . MEMORANDUM DATE: December 11, 1997 TO: Economic Development Authority (E~rd of Commissioners FROM: Brian Fritsinger, SecretarylTreasur r SUBJECT: SecretarylTreasurer Comments for the December 15, 1997 Special EDA Meeting 1. Apnroval of Minutes The Authority is asked to approve the Minutes of the November 24, 1997 Regular Meeting of the Economic Development Authority (EDA). 2. EDA Res. #97-04. Adontion ofthe 1998 RDA Budget The Authority is asked to adopt Resolution #97-04, adopting the 1998 EDA Budget. . BF/sls . Oi(AfT MINUTES CITY OF ARDEN HILLS, MINNESOTA ECONOMIC DEVELOPMENT AUTHORITY MEETING . NOVEMBER 24, 1997 7:28 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDERIROLL CALL Pursuant to due call and notice thereof, President Dennis Probst called to order the Economic Development Authority (EDA) meeting at 7:28 p.m. Present: President Dennis Probst, Commissioners Beverly Aplikowski and Dale Hicks Absent: Commissioners Susan Keirn and Paul Malone Also present were Secretary/Treasurer, Brian Fritsinger; Public Works Superintendent, Dwayne Stafford; Controller, Terry Post; Administrative Secretary, Sheila Stowell; and Recording Secretary, Ruth McLaurin. APPROVAL OF MEETING AGENDA MOTION: Aplikowski moved and Hicks seconded a motion to adopt the agenda for the November 24, 1997, Economic Development Authority meeting as presented. The . motion carried unanimously (3-0). APPROVAL OF MINUTES A. October 27, 1997 Regular Meeting MOTION: Aplikowski moved and Hicks seconded a motion to approve the October 27, 1997 Economic Development Authority Meeting minutes as presented. The motion carried unanimously (3-0). UNFINISHED AND NEW BUSINESS A. EDA Res. #97-02, Ratifying Modification of Development Program and Tax Increment Financing Plans Mr. Brian Fritsinger, Secretary/Treasurer, noted that on April 14, 1997, the City Council adopted Resolution #97-18, which transferred the control, authority and operation of the Development Districts and Tax Incrcment Financing (TIF) Districts to the Economic Development Authority (EDA). On May 27, 1997, the City Council also adopted Resolution #97-28, approving modifications to the Development Program for the Development District and the Tax Increment Financing Plans. . Mr. Fritsinger pointed out that at the time, the EDA did not finalize those actions taken by the City Council. Therefore, prior to the issuance of the General Obligation Tax Increment Financing nD""CT . I'J :-' i,I '. ARDEN HILLS EDA MEETING - NOVEMBER 24 1997 lbof J '\, Il~H 2 Bonds by the City, the EDA needs to ratifY the actions taken in these two resolutions. This . ratification simply acts as the final step of the transfer in the TIF Districts to the EDA. MOTION: Hicks moved and Aplikowski seconded a motion to adopt Resolution #97-02, RatifYing Modifications of Development Program and Tax Increment Financing Plans. The motion carried unanimously (3-0). ADJOURN MOTION: Aplikowski moved and Hicks seconded a motion to adjourn the Economic Development Authority meeting at 7:33 p.m. The motion carried unanimously (3-0). Dennis Probst Brian Fritsinger President Secretary-Treasurer . . . A e CITY OF ARDEN HILLS MEMORANDUM DATE: December 12, 1997 TO: EDA Bo." or eomm.';"'"(ij) FROM: Terrance R. Post, Controller ~ SUBJECT: EDA Resolution #97-04, Adopting the 1998 Budget Backl!:round The Executive Director and SecretarylTreasurer have prepared an annual budget as previously discussed with the Economic Development Authority (EDA) Commissioners. The major revisions in this proposed 1998 Budget from the earlier preliminary budget reviewed is the Bond Sale occurring in 1998, rather than 1997 as earlier anticipated, and the insertion of some internship funding to help in marketing the Naegele/ATS property in Fund No. 701. e Recommendation The EDA is asked to adopt EDA Resolution #97-04, adopting the 1998 Budget. e ------- . . ii 220 820020 22~~2~:il8~~00082220:il~200000 ~ ~ . ~~8 o~ ~:il ~~~~~~~O~N OQQ~ N~Q 8 ~ N i~~ ~N ~~ ~~ ~~ ~~~~ g~~ ~ ~ ! ..~ .:.. i ~" 8 0 o~~~ ~ 0 ~.. o 0 ~ ~~ .. .. ~ ~.~. 0 N _ ~ ~ ~ O~" ~ ~ ~ ~ ~ Za =. ~ ~ - ]F ~. ~02 020 a 000 28~~ 888200 00 00 :il :il ~R~ ~8 ~o~ ooo~ 8 ~ N ~_i ~~ ~~ dg~~ ~ ~ ~ ~~ o~ m..~o 0 ~~ ~~ - ~ ..f I g 8 OO~~ :il 0 8 a ~:,,.. ~ 0 :is,... "!. 0 .1 ~ g ~ ~ "~ to :('~F Iil ~,".'" ~L ~i~ g~O ~ g 8 ~ 15 a ..c) 0.", d N N ~- 0 N ~ - z. 0 0 0 =='tI'tI ., -0 ~ .!'.l N r.: J:~ ~m]~ ~ ~ ~idl81 ~$ . ~E'tI~ a,~,i 8 0 ooo~o~ 000 8 2 a go Ii il "':,.,..,~ ~ fa fil. ~ r;; llllill8 0 :0: ai"1Il0,,=" .. NO ~ ~ .>"0 ~,",',G .. *~ ~ r.: '-~::JCL '.:< :!! oeiie .,],",.,~ ~ .!=! t c. ~..~ Ea: ~0}~k~~~~~~~2~ ~i~l\l8~i:il~~l\l~~~l\l~i~l\l~i~l\l~88 0000.NN5N OONN"OOOO~N""~~~~OOOO~~~N" ~~~~~~~~~ """""""",...~~~~~~~~~m~~CCCC~CC~C <<~ m ii Ill" ~ Xl ~1Il :~:::, E~ 0 0 ~~ ~ !<:.N~" m8~ z ~.. ~ 2 ii ~~ IC~~ ~C~ I~II . '.,., , ~~~IIl~S~] ~~I~~ _~~ ~ ~!5~i ~~ ~Ij_~ III II~I -~.c~c.~~ ~ ~11~~ ~i.! - ~C.u_E ~~r~~_! ~ In'. ,~.il i !l tl ~ ~ III :0" i!: Ji dl dl mill t;; ~ g.. .~ ~ ~ !l! ~ ,Ii! ~ ~ ~~ ~ :e il g I~el ~ eee~".!l.",,~ ~ ~ ~- ~E~ -..<..~;~~ ~ - 5; = ii ~ ~ ~ ~ 'e S ~ m e 5i ~ III 1 ~ ~l! III 'tI '0 i 2 E _ :s! Oi c .!l e c .!l < 'il: - o 5i~~~~~-.!lE> Ji~t~i~ ~:I ~R~~O:I~~~~~~J~ ~ I~~~~!~~~~ ~~JiJi~~~~~!,~lji~I:~]j;~~lji~ s ; -___ollle_~~ ~g~<~.!l~lic~~IIl~'tI-s~'tI.e..~'tI~..'tI'tI 0 ~ nn~~~~~j6~~ ~~~~~~~~8!~~~~~~~~~~~~E~~~ _~ ~ @Iai. 0.<" > c: c(~ .. 6l~ a: 8~ dl " . . . CITY OF ARDEN HILLS ECONOMIC DEVELOPMENT AUTHORITY RAMSEY COUNTY STATE OF MINNESOTA EDA RESOLUTION NO. 97-04 RESOLUTION ADOPTING THE 1998 BUDGET WHEREAS, the Executive Director and SecretarylTreasurer have prepared an annual budget and the Economic Development Authority (EDA) Commissioners have previously met for the purpose of discussing the 1998 budget; and WHEREAS, funds have been established to monitor specific EDA activities, including segregating individual Tax Increment Financing (TIF) District transactions. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY ("ED A") OF THE CITY OF ARDEN HILLS, MINNESOTA that the following 1998 Budget be adopted and approved: Revenue and Expenditures and EDA Fund No. Transfers In Transfers Out General Activities 701 $ 3,600 $ 15,000 . Revolving Business Loan 702 302,500 200,000 TIF District No. I 703 39,000 39,000 (Round Lake Housing) TIF District No.2 704 3,053,000 3,043,750 (Round Lake Office) TIF District No.3 705 61.000 58.540 (Cottage Villas Apartments) TOTALEDA $3.459.100 $3.356.290 PASSED AND ADOPTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ARDEN HILLS THIS 15TH DAY OF DECEMBER, 1997. DENNIS PROBST, PRESIDENT ATTEST: BRIAN FRITSINGER, SECRETARYITREASURER .