HomeMy WebLinkAboutCCP 04-13-1998
-
F lJ-zE
. AGENDA
ARDEN HILLS CITY COUNCIL MEETING
NEW BRIGHTON COUNCIL CHAMBERS
MONDAY, APRIL 13, 1998,7:30 P.M.
7:30 P.M. 1. Call to Order
7:30 P.M. 2. Approval of Meeting Agenda
7:30 P.M. 4. Approval of Minutes
a. March 16, 1998 Council Worksession
b. March 30, 1998 Regular Council Meeting
7:35 P.M. S. 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 member so requests, in which event, me item will be removed from
the general order of business and considered separately in its normal sequence on the agenda.
a. Claims and Payroll
b. Proclamation, City Employee Jane Lund, Retirement
c. Ordinance #306, Amending Cable Franchise Ordinance #226, Article II,
Section 4, Franchise Term
. d. Res. #98-39, Designating "No Parking," Restrictions, Gateway Boulevard
e. Res. #98-40, Vacating a Portion of the Oak Avenue Right-of-Way
7:40 P.M. 6. Public Comments
This is an opportunity for citizens to bring to the Council's attention any items not currently on the
agenda. In addressing the Council, please state your 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.
Vlritten documents may be distributed to the Council prior to the meeting, or as bench copies. to allow
a more timely presentation.
7:50 P.M. 7. Unfinished and New Business
a. Ord. #304, Renaming a Portion of County Road F (Billy Schacht
presentation)
b. Pay Estimate #3, Lametti Construction, Gateway Business District
c. Nextel Communications, Lease Amendment
8:30 P.M. 8. Administrator Comments
8:40 P.M. 9. Council Comments
8:50 P.M. 10. Adjourn
. The above times may vary depending upon length of issue discussion.
-
.
April Meetings May Meetings
April I Planning Commission 7:30 P.M. May 6 Planning Commission 7:30 P.M.
April 13 Business Relations 4:00 P.M. Ma)' 11 Council Meeting 7:30 P.M.
Committee
May 18 Council \Vorksession 4:45 P.M.
April 13 Council Meeting 7:30 P.M.
May 19 Parks & Recreation 7:00 P.M.
April 15 Business Development 8:00 A.M. Commission
Committee
May 20 Business Development 8:00 A.M. .
April 16 Finance Committee 7:30 P.M. Committee
April 16 Public Safety 7:30 P,M. May 21 Public Safety 7:30 P.M.
Commission Commission
April 20 Council Worksession 4:45 P.M. May 21 Finance Committee 7:30 P.M.
April 27 Economic Development 7:00 P.M. May 26 Economic Development 7:00 P.M.
Authority Authority
April 27 Council Meeting 7:30 P.M. May 26' Council Meeting 7:30 P.M.
('Tuesday - Army Reserve Center)
April 28 Parks & Recreation 7:00 P.M.
Commission NOT Newsletter Committee 6:00 P.M.
SCHEDULED
April 29 Newsletter Comminee 6:00 P.M.
PENDING Business Relations 4:00 P.M.
Committee
.
HP OfficeJet Fax Log Report for
Personal Printer/Fax/Copier City of Arden Hills
612 633-7839
. Apr-1O-98 03:01 PM
Last Fax
Identification Rcsult Paees Iw Date Time Duration Dia~ostic
6286833 OK 02/02 Sent Apr-1O 02:55P 00:00:51 002421030022
6339550 OK 02/02 Sent Apr-1O 02:56P 00:00:42 002522030022
6333846 OK 02/02 Sent Apr-1O 02:57P 00:01:13 002120430020
4810551 OK 02/02 Sent Apr-10 02:59P 00:00:51 002521030022
4821262 OK 02/02 Sent Apr-10 03:00P 00:00:50 002521030022
M'
.
.
HP OfficeJet Fax Log Report for
Personal Printer/Fax/Copier City of Arden Hills
612 633-7839
. Apr-1O-98 02:53 PM
Last Fax
Identification Result Pa~es ~ Date Time Duration Diamostic
6461220 OK 03 Scnt Apr-IO 02:51P 00:01 :03 002581030022
M'
e
.
HP OfficeJet Fax Log Report for
Personal Printer/Fax/Copier City of Arden Hills
612633-7839
. Apr-lo-98 02:51 PM
Last Fax
Identification Result Pa2es ~ Date Time Duration Diamostic
3701378 OK 03 Sent Apr-lO 02:50P 00:00:50 002582030022
6.0.4
--
.
. CITY OF ARDEN HILLS
MEMORANDUM
DATE: April 10, 1998
TO: Mayor and City Council ~
FROM: Brian Fritsinger, City Administrat" r
SUBJECT: Administrator Comments for the April 13, 1998 Council Meeting
1. Approval of Minutes
The Council is asked to approve the Minutes of the March 16,1998 Council
Worksession, and the March 30, 1998 Regular Council Meeting.
2. Consent Calendar
a. Claims and Payroll
The Council is asked to approve claims in the amount of$209,886, and payroll
for the period most recently ended. The Council should note payment to MCES
in the amount of $43,40 1.58 for April sewer charges; Architectural Alliance in the
. amount of$10,297.01 for City Hall design fees; BRW, Inc. in the amount of
$25,460.72 for engineering services; Ehlers and Associates in the amount of
$20,520 for TIF Bond Issuance; and Ramsey County in the amount of$48,728 for
April law enforcement.
b. Proclamation, .Jane Lund
The City Council is asked to adopt a Proclamation recognizing Jane Lund for her
years of service with the City.
c. Ordinance #306, Cahle Franchise Ordinance Extension
The City Council is asked to adopt Ordinance #304, Amending Franchise
Ordinance no. 226, Article II, Section 4, Franchise Term. This ordinance would
extend the term of the existing franchise for an additional ninety (90) days until
the new agreement can be finalized.
d. Res. #9S-39, Gateway Boulevard
The City Council is asked to adopt Resolution #98-39, designating "No Parking"
on Gateway Boulevard.
e. Res. #98-40, Oak Avenue R-O-W
The City Council is asked to adopt Resolution #98-40, Vacating a Portion of the
Oak Avenue Right-of-Way. This action will finalize the activities related to the
. recent planning case.
-------
Administrator Comments for the April 13, 1998 Council Meeting .
Page Two
April 10, 1998
3. Unfinished and New Business
a. Ordinance #304, Renaming County Road F
The City Council is asked to consider the adoption of Ordinance #304, Renaming
a Portion of County Road F. Billie Schacht will be in attendance to present her
findings from conversations with her neighbors.
b. Pay Estimate #3, Lametti Construction
The City Council is asked to approve Pay Estimate #3 to Lametti Construction in
the amount of $97,000.98, for project construction to-date in the Gateway
Business District.
c. Nextel Communications
The City Council is asked to approve an amendment to the lease agreement with
OneComm Corporation. This lease was initially approved as part of Planning
Case #95-01. This amendment will allow for the modification of antenna location
on the Red Fox Road water tower.
BF/sls .
.
,
MINUTES ~ ~~~~
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL MEETING
. MARCH 30, 1998
7:30 P.M. - NEW BRIGHTON CITY COUNCIL CHAMBERS
CALL TO ORDERJROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
City Council meeting at 7:30 p.m.
Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks,
and Paul Malone.
Absent: Councilmember Susan Keirn.
Also present were City Accountant, Terry Post; Community Development Director,
Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; Parks and Recreation
Director, Cindy Walsh; Consulting Engineer, Greg Brown; and Recording Secretary,
Carla Wirth.
ADOPT AGENDA
MOTION: COlillcilmember Aplikowski moved and Councilmember Hicks seconded a
. motion to adopt the agenda for the March 30, 1998, Regular City Council meeting
as presented. The motion carried unanimously (4-0).
PUBLIC HEARING -1998 STREET IMPROVEMENT PROJECT
A. Resolution #98-33, Revising the 1998 Street Improvement Assessment Rates
Mayor Probst noted the four items for which public hearings will be held and provided a brief
explanation of each. He explained the public hearing process which ",ill be followed and the
Council's review of how to handle odd-shaped lots.
Mayor Probst opened the public hearing at 7:32 p.m.
Mr. Terry Post, City Accountant, explained that on February 23rd the Council adopted a
resolution which established a reconstruction assessment rate of$48.85. This was the basis for
the public hearing notices which were mailed earlier. He explained that two issues have occurred
since the adoption of that resolution. One issue relates to tax exempt property which is included
in the project for which staff recommends the Council adopt an exempt property overlay rate for
those parcels. Secondly, staff reviewed the cost aspects and recommends that the Council adopt
Resolution #98-33 which would revise the 1998 street reconstruction assessment rate from
$48.85 to $39.98 per assessable foot, which includes costs for curb and gutter. The proposed
resolution also establishes $10.40 per assessable foot (100%) for the tax exempt parcels and
. leaves the residential overlay rate as originally proposed at $5.20 per foot.
~ ~~ ~1 ,
ARDEN HILLS CITY COUNCIL - MARCH 30 1998 2
Council member Hicks stated based on his discussion with Mr. Post, this means the City would .
be responsible for approximately 50% of the total construction costs and, from that point of view,
he supports the recommended change.
MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a
motion to adopt Resolution #98-33, Revising the 1998 Street Improvement
Assessment Rates. The motion carried unanimously (4-0).
Mayor Probst explained the result of this action is a reduction in assessments from $48.85 per
foot for reconstruction to $39.98 per foot. All of the non-curb and gutter Surface Water
Management (SWM) costs will be paid by the SWM Utility Fund.
Councilmember Malone explained the City has a policy to provide a starting point in determining
assessments and the philosophy behind that policy is that the other tax payers of the City who are
not receiving a street improvement are paying for one-half of the street improvement costs and
those directly benefitting pay one-quarter of the cost (if there are homes on both sides of the
street). He advised of the formula which considers the front footage for determining the rate to
be charged. Councilmember Malone provided a brief explanation of the State Statutes which
govern the assessment of improvements based on the value received of the capital improvement
based on the highest and best use of the land.
Councilmember Malone explained the rate is based on the project footage and anticipated
construction costs. The Council then reviews the numbers and takes into consideration special .
situations such as unusually shaped lots. He explained that according to State Statutes, the
"bottom line" is the Council's determination. Councilmember Malone then read each of the
addresses involved in the 1998 Street Improvement Project and advised of the original
assessment noticed and proposed reduced assessment to be levied.
Deanne Howard, 4057 Fairview Avenue N., asked if there will be any allowance made for
underground sprinkling systems that need to be relocated. Mayor Probst stated ifthe sprinkling
system is located too close to the curb, it will be the resident's responsibility to relocate the
sprinkling system or cover the damage.
Mr. Gregg Brown, City Engineer, explained staff will hold a preconstruction meeting with the
contractor and any notification to residents regarding irrigation systems or other issues will be
provided along with telephone numbers if residents need further information. Residents will also
be advised of where the irrigation system nee<;l;\Ji2be moyedto. Mr.Browruo:stimated the
project, if approved by the Council, could start mid-May.
Dan Coughlin, 8468 Spring Lake Road, Mounds View, stated he just went through a similar
situation in Mounds View with similar assessment rates but, after working with a road estimator,
they found the cost would be reduced by one-half without curb and gutter. He reported about a
contractor who provided a bid at a lower cost per foot than is being proposed tonight.
.
~ ~~ ~1
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 3
. Mr. Coughlin stated he previously lived in Arden Hills for several years and is concerned that the
residents are being assessed at too high a rate for a reconstruction, as are most municipalities
which have a mind set to over build roadways. He asserted this is not being fiscally responsible
and urged the Council to instead consider the minimum, cheapest option to construct a road the
City can get by with. Mr. Coughlin stated he was facing a $7,000 assessment in Mounds View
and believes this is an untenable amount of money. He stated there is something wrong with the
concept of overbuilding just for the sake of overbuilding and asserted that this is going on all
over the place. He urged the Council to reconsider this project and take the "monkey off the
backs" ofresidents who would have to pay for this project.
Mike DweIly, 2048 Stowe Avcnue, asked if the bids have already been accepted. Mayor Probst
explained the bids have been recei ved but not yet awarded.
Mr. Dwelly asked how the Council can know what the rate will be for the assessments. Mayor
Probst stated the bids have been received and will be awarded in April so it is known what the
rates will be. He explained Arden Hills goes through the assessment process prior to the bid
award.
Councilmember Malone explained that most cities do the work and then assess based on the
project bill. He stated Arden Hills bases the assessment on the construction bid. He noted the
average assessment rate is $4,000 but it could happen that the project goes over bid. However,
this policy protects residents from unusual cost overruns or increased assessments since the City
. would cover the overrun. Councilmember Malone noted the Council can decide not to proceed if
they so choose or if they run into an unusual situation.
Alan Nielsen, 1895 Edgewater Avenue, stated the road was dug up 20 years ago when the water
and sewer were installed and asked why it would be dug up now. He suggested the few potholes
on the edges of the roadway just be maintained.
Mayor Probst explained the City's policy is to not overbuild roads and to follow a Pavement
Management Plan to determine the condition of the roadway. He noted the Council has a
fiduciary responsibility to look atier the City's infrastructure and most roadways have a life
expectancy 01'20 to 30 years. With the current number of miles reconstructed each year, it is
based on a 30 year life expectancy. He explained the City only has a limited number of dollars to
devote to road projects and the Council attempts to look out for the City's best long-term interest.
Mr. Nielsen expressed concern for retired residents who cannot afford these costs. He stated his, .
neighbor is a retired widow who is also unable to cover this cost. Mr. Nielsen reviewed his past
work with and contribution to the City of Arden Hills and restated his objection to this project.
Mr. Post explained the assessment is due within 30 days if one chose to forego finance charges,
but there are other payment options available such as adding to future property taxes for five or
eight years, and a disability or senior economic hardship deferral which is available to property
owners who fit that criteria. Mr. Post stated he will work with residents who are interested in
. that information.
-
.~ ~ i~ ;~ ~
'rl'
~: , 'L),
rUJ . <
11"'\1 iru U
ARDEN HILLS CITY COUNCIL - MARCH 30, 1998 ~ UU 4
ML Nielsen stated there are no potholes on the roadway and asked why the City doesn't just .
repave it He reported he has contacted his Senators and several attorneys who advised him that
he can get an injunction against this project to stop it ML Nielsen asserted this project is a whim
and should not be approved,
CliffVennerstrom, 1901 Edgewater Avenue, inquired regarding the interest rate, Mayor
Probst stated this will be established with the next Council action, He advised that it has
historically been established at 8%,
George Evans, 1960 Edgewater Avenue, asked if the majority of the residents on affected
streets came to the City requesting this road project or irthe City and their experts decided this is
what the people need and want He asserted that, ultimately, the people should decide,
Mayor Probst explained how the City uses the Pavement Management Program to inspect streets
and rank them by a process to determine which should be reconstructed, overlaid, or seal coated,
He stated it is unfortunate that some streets have not historically received this type of
maintenance but the Council is now attempting to handle street improvements based on the
Pavement Management Program,
Mayor Probst reported on the discussion held last year regarding whether Oak A venue should be
reconstructed or overlaid but the Council decided an overlay would not be fiduciarily responsible
since it would not last, so the decision was made to reconstruct or do nothing and the residents
decided to proceed with the improvement. .
Councilmember Aplikowski asked if this is an option for this street, if the majority ofresidents
do not support the improvement it could be removed from the 1998 Street Improvement Project
scope, She suggested the City Engineer provide an explanation of why this street is being
recommended for improvement even if there are no pot holes,
Mayor Probst explained that curbs and gutters preserve the street over a longer period of time,
because they direct surface water drainage,
The City Engineer explained that the process used in the past to determine whether an overlay
should be considered was a rating cutoff of between 60 to 80, He explained there is usually only
two to three inches of blacktop with poor soils underneath which is not the standard by which
streets are constructed today, The City Engineer stated the proposed reconstruction would
remove the asphalLand replace the base which will provide more strength to the roadwa-Y,Th~ .
concrete curbs will contain the edge of the pavement so it does not ravel off and allow water to
undermine the base, The City Engineer stated the entire City does not have a storm sewer system
so the curb and gutter will function to direct water drainage, He explained that Edgewater
A venue received a rating of 57 based on the age, frequency of cracks, and other issues which put
it into the reconstruction category,
Scott Hultberg, 1945 Edgewater Avenue, stated he had no comment.
.
f~.' ,,,','1'\ ,.'%' l'r
'" '~J .
2.J 10.\ 110\ ,I
ARDEN HILLS CITY COUNCIL _ MARCH 30.1998 : Ju IfU U U 5
. Kerstin Leonard, 1954 Edgewater Avenue, stated they received notice the end of November
and were shocked, She stated they believe this was a short notice and suggested the City provide
a longer notification period to allow people to prepare,
Mayor Probst stated the process followed now allows notice three to four months earlier than
provided in the past. He explained a three year program was identified to create an improvement
project where the roads are in close vicinity for cost benefit. Mayor Probst noted that Edgewater
A venue was on the list a year ago since it was included as a candidate for reconstruction, but it
did not proceed,
Britt Lundgren, 1977 Gramsie Road, stated she has a comer lot and asked if she will be
assessed again when the other road is improved, Mayor Probst explained that the corner lot
formula provides a credit so it is not a full assessment on the second side,
George Rehbein, 1759 Crystal Avenue, stated there is a five-year window on the application of
the corner lot formula street credit and, if it is more than five years, the resident has to pay for the
full assessment on both sides of the corner lot.
Mayor Probst stated this is correct.
Barbara Haake, 3024 County Road I, Mounds View, stated she was invited to the meeting
tonight by several residents, She reported that the City of Mounds View just completed a street
. project and reviewed her past municipal service and citizen involvement with a group of
residents who received a different road outcome by working with the Mounds View City
Council. Ms. Haake reviewed her involvement in a road project and commented on the typical
view of Councils who wants to do what is best for the city by fiduciary judgement and the typical
resident's view that the council will do what they want whether it is best for the residents or not.
Ms. Haake stated in Mounds View it was proposed to construct a road at 32 feet wide with curb
and gutter at a $41.04 per front foot assessment. Most lots are 100 feet wide so the average
assessment would have been $4,100 per house, Residents wanted the road to be 24 feet wide
without curb and gutter. She advised of the action of a residents committee to counter the City's
direction and which groups they involved to challenge the City on this street project.
Ms, Haake cautioned the Council about future costs to maintain the roads the City is planning to
construct and eXplained how Mounds View found exceptions that can be made on MSA funded
roads to eliminate.C!Il:l1s and gutters from the road design, She reviewed the assessments charged
by Arden Hills for road projects over the past few years, Ms, Haake asserted that Arden Hills has
sandy soils which is a good permeable soil so curb and gutter (which would result in additional
costs) is not necessary to instalL She advised that Mounds View reduced the street width as
requested by the residents which reduced the assessment costs by 75%, Then, over next two
weeks, the residents said the neighborhood and aesthetics were the real issues and the Council
then agreed to a 24 foot wide street without curb and gutter with no assessment since MSA funds
will be applied.
.
~ .~ i!\ ~~ 1
CJ'
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 lW U'~ iFJ U 6
Ms. Haake asserted that both the Mounds View City Council and the property owners were .
winners since the Council were seen as caring representatives for their citizens, She suggested
that some of these options be explored by the City of Arden Hills and its residents. She stated
that the residents are more important than keeping to a construction schedule. Ms. Haake
asserted the actions of the Mounds View City Council is what Council representation is all about.
Michael Hill, 3280 Lake Johanna Boulevard, presented a formal objection to his proposed
assessments.
Craig 'Wilson, 1677 West County Road F, commended the Council for notifying residents
earlier in the process and urged the Council to continue that process, He stated he was assessed
about $32 per front foot when County Road F was reconstructed and now the cost is up to $48
per front foot in Arden Hills and $42 per front foot in Mounds View, He asked \vhat has
accounted for this high increase in construction over three years. Mr. Wilson stated he would be
interested in looking at alternatives to the assessment policy and to find a way to spread the cost
to all citizens on a yearly basis instead of finding a new group ofresidents to shock with the road
improvement project and assessment. He stated he thinks all residents should cover the cost of
the roads since residents use all of the roads. He stated his roadway is heavily used so he will
have to pay for its improvement more often than a resident living in a more secluded
neighborhood. Mr. Wilson stated he supports a smaller road width which would keep the costs
down, may reduce the speed of traffic, and would also provide space for a walkway. He stated it
may be the standard or City policy to have curb and gutter but he believes residents moved into
Arden Hills knowing a ditch system is used to carry drainage. He stated he believes ditches work .
better than curb and gutter since it allows drainage to seep into the ground rather than running
into the lakes and ponds.
Mayor Probst explained that the City has looked at different forms of curb and gutter and the
current policy could be changed but the Council believes there is a long-term maintenance
advantage to have the additional pavement support provided by curb and gutter. He noted there
are reports that suggest curb and gutter can deal more effectively with runoff issues and are more
environmentally friendly.
Mayor Probst explained that County Road F is built to a higher standard and residents were
assessed for a theoretical 32 foot residential street and not assessed based on the actual eosts of
the project. He explained the market is controlling the increase in costs for road projects which
is not under the Council's control. Mayor Probst stated the assessment and cost process is no
more fun for the Council than the residents. He advised that the,c;.:ouncilcon!ilwally reviews this
issue and has discussed the option of levying for City streets which would represent about a 20%
property tax increase. The judgement of the Council has been that rather than putting this into
the general fund and risking whether the funds will be used for street improvements, it would be
assessed. He noted that when the street is assessed those funds go to road improvements and
cannot be considered for another use.
Roger Luehrs, 1967 Edgewater Avenue, asked ifresidents will have full access to their
property and mail boxes. .
:1;1i '0 !~ is 11"
YJ Iru 'n' ,. "
ARDEN HILLS CITY COUNCIL - MARCH 10. 1998 ' U "J". 7
. The City Engineer stated there may be two or three days when residents have to park in the street
or within 50 feet of their property. He explained that mailboxes will be relocated once during
construction to a temporary location and then, once the curb is installed and the project is
completed, the mailboxes can be relocated back to the resident's property.
Marline Spring, 3965 Fairview Avenue, asked if Oak Street set a precedent since they were
provided the option of an overlay, She stated she believes Fairview Avenue residents should be
provided the same option.
Mayor Probst clarified that the Oak A venue residents wanted to do an overlay but the Council
decided it would not be a good use of dollars to do an overlay since it voiQuld not last so the
Council did not otTer and "either or" option.
Councilmember Hicks stated the Council has been listening to residents and offered Oak Avenue
residents the option to remove their roadway from the project. He stated Fairview Avenue has a
score of 22 on a scale of zero to 100 so it is a candidate for reconstruction, not overlay.
Mitehell Bendix, 1948 Edgewater Avenue, inquired regarding the pink markers which are on
the properties and asked how far the road will go into their yards. The City Engineer explained
these are preliminary survey markers which are otTset ten to fifteen feet or may identify other
utility improvements.
. Mayor Probst asked if the reconstructed street will be within inches of the pavement width that
exists today. The City Engineer stated this is correct but existing parts of Edgewater Avenue
may be a bit wider than what will exist after the improvement project.
Mr. Bendix stated there may be more than just retired citizens that will have a tough time paying
for it.
Sue Luehrs, 1967 Edgewater Avenue, stated there are eight houses from Prior to the cul-de-sac
and the rest of the roadway was installed 20 years ago by the contractor. She noted the cul-de-sac
lots will only be assessed $5 per foot for an overlay but will receive the value from the
reconstruction portion of the street since they have to travel on that portion to get to their homes
on the cul-de-sac.
Council member Malone stated this is a good question and was discussed at length by the
Council. He explained the Council has taken the position that the resident pays for their
assessment when the construction actually occurs. He stated it is a bit of a judgement call but the
Council has determined to assess a reasonable amount for the improvement with the rest of the
cost coming from the entire City.
Ms. Luehrs asked if a cul-de-sac situation is treated differently. Councilmember Malone
explained the cul-de-sac properties will pay at the same rate when their section is reconstructed
which is a reasonable and fair way to approach it.
. Vieky LeMire, 1912 Edgewater Avenue, asked if the City is required to obtain more than one
estimate and if the lowest bid has to be accepted.
- --~-------------
ill) :D ii" :,S 1'(
lfulf'uu U
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 8
Mayor Probst explained the design work is done by the City Engineer and the project is then .
advertised for bid. As a public agency, anyone can bid the project and the City awards to the
lowest responsible bidder. The City Engineer advised that nine bids were received for this
project.
Jim Ross, 4029 Fairview Avenue, asked if the City wants the assessment payment within 30
days of the project or interest will be charged. Mayor Probst stated this is correct.
Mr. Ross noted the City is not paying for the project up front and asked why residents should
have to pay up front before the contractor is paid. Mayor Probst explained the funds will be
spent over 60 to 90 days and, in terms of the City's ability to assess, those are the timelines the
City works under.
Mr. Ross stated some people don't have the money to pay for this project but while he can afford
to pay it he does not want to pay 120 days before it is given to the contractor since he will loose
investment interest on the money. He suggested the Council be flexible to help those that have
young families or are retired and find it difficult to put out this amount of money, Mr. Ross
suggested the Council ask Ms. Haake to work with the City as an advisor for road projects. He
stated that residents are not happy with the way the Council is doing things and an exchange of
ideas would be better for the City and its residents
Mayor Probst stated the Mounds View project may have been a victory for residents on the street
to be improved but funds were used on that street which could have been used more broadly .
throughout the community to deal with other issues. But, since the funds were expended on that
project, they are no longer available for other areas in Mounds View. Mayor Probst stated the
Council has listened to the residents very carefully and modified the street design as a result of
what residents have requested if done for specific reasons. He stated that there can be a debate
over the policies in existence but the Council believes it offers an appropriate path.
Lois Rem, 1670 Glenview Court, asked if it would result in a 20% property tax increase if all
taxpayers cover the cost. She inquired regarding the average tax paid.
Mr. Post stated on a median valued home of $141 ,000 the taxes paid to the City would be
approximately $400 per year.
Councilmember Malone stated the City also has to deal with levy limits as placed by the
Legislature which originally resulted in the Assessment Policy. He statedthisaltemative has
been discussed and may be an option when levy limits are removed. Councilmember Malone
stated he has paid assessments twice and the good thing with assessments is that the money goes
for something "concrete." But. if it is in the General Fund, there are a lot of other uses for it.
Councilmember Malone stated if the levy is increased, he questions whether the funds would all
get used for road improvements,
Councilmember Hicks stated if the levy limit is increased by 20% to cover the annual street
improvement costs. it would result in annual funding for the street improvement nmd. He stated .
he believes there are residents that may support it, but not on an annual basis. He restated the
Council has listened to residents to modify roadway projects and they did revise a project to
- ---- -----~--
u .~ :, :s -~
lUJ ju~ ;'at 1:
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 till IJ1j J ,. 9
. construct a 24 foot width roadway which the Fire Chief advised against from an emergency
services point of view. Councilmember Hicks commented that it may be better to have residents
who do not understand or agree with the policy than to construct roads incorrectly.
Councilmember Hicks asked Ms, Haake who she represents. Ms. Haake explained that several
residents asked her to attend.
Councilmember Hicks asked Mr. Coughlin who he represents. Mr. Coughlin stated he isjust
present to speak for the people,
Councilmember Aplikowski stated ever since the 1995 Assessment Hearing, people have
reviewed the Assessment Policy and that review is on-going, She stated that it has been
indicated there is nothing better out there unless the City pays for everything, which the Council
does not believe is a viable option, She restated the Council is listening to resident's input to
determine if there is a different way. Councilmember Aplikowski stated the Council is always
considering if the Assessment Policy can be modified. She agreed with Councilmember Hicks
that a mistake was made when Pascal A venue was constructed at a width of 24 feet.
Ms, Rem noted this is an election year and asked ifresidents can consider a referendum to
change the levy limit to include improvements forecast by the Pavement Management Program.
A resident asked how long the project segments will take and if they are done simultaneously.
. Mayor Probst stated a meeting has not yet been held with the eontractor to determine if they ean
do it all at once but it is usually a progressive project.
The City Engineer explained the contraetor will be allowed a construction period of about three
weeks per segment before the area has to be restored with a lift of blacktop.
Mr. Wilson asked if the assessment rate is being reduced due to use of SWM funds. Mayor
Probst stated this is correet and those funds have been used to underwrite a smaller portion of
projeets in past years,
Bob Downs, 1926 Edgewater Avenue, inquired regarding the interest rate to be charged and
stated he believes eight percent is too high, He asked how this rate will be determined and if
residents can argue this point or if it is governed by law.
Mayor Probst stated eight percent is the highest level that can be charged by government
agencies and, historically, has been a competitive rate, He explained the percentage rate is to
cover the City's cost if it had to borrow the funds,
In response to a question, Mr. Post explained once the final assessment roll is certified, Ramsey
County will assess the cost with interest. Payment without interest can be made for 30 days from
the date of the public hearing (tonight). Otherwise, the assessment is collected through future
. property tax payments,
There being no further public input, Mayor Probst closed the public hearing at 9:08 p.m.
-----
-----.--.--------- ---- ---- -------
r;;\ .c i~ C';; 'if'
Iii: ,L, ;j
i .....1 - ~ r' , ~
: ..;~ ill. u"u
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 .. ~ 10
Mayor Probst declared a recess at 9:08 p.m. The meeting was reconvened at 9: 17 p.m. .
B. Resolution #98-34, Adopting Final Bituminous Overlay, Assessment Roll, 5 year
Amortization
Mayor Probst explained the Council is asked to adopt Resolution #98-34 which would adopt the
final bituminous overlay assessment roll with a five-year amortization and set the assessment for
those property owners who are to be assessed over a five-year period for overlay work as part of
the 1998 Street Improvement Project.
Mr. Post suggested the appeals be tabulated and placed into the record.
Councilmember Malone advised there are 12 written appeals, virtually all of them protesting to
the cost. He entered the following nine appeals into the record as follows:
Res. No. Parcel No. Address Name Footage Assessment
98-35 14 1880 Edgewater Thunborg 75.00 $2,998.50
98-35 16 1887 Edgewater Hansen 75.00 $2,998.50
98-35 17 1895 Edgewater Nielsen 75.00 $2,998.50
98-35 21 1905 Edgewater Goetz 75.00 $2,998.50
98-35 34 1955 Edgewater Boehlke 75.00 $2,998.50
98-35 27 1925 Edgewater Elhardt 75.00 $2,998.50
98-35 35 1960 Edgewater Evans 75.00 $2,998.50 .
98- 35 36 196 I Edgewater Andrews 75.00 $3,663.75
98-35 38 1967 Edgewater Luehrs 75.00 $2,998.50
MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
reject all of the above appeals since the Council believes the cost is consist with
the benefit and all protested in terms of the prior assessment amount noticed to
them which has already been substantially reduced and the Council has
determined to fund storm water system costs from the SWM Fund. The motion
carried unanimously (4-0).
Council member Malone reviewed the appeal of Susan Keirn for 2056 Stowe Avenue based on
the assessment being excessive and indicating agreement to pay $37 per foot as a base cost minus
curb, gutter, the remaining storm water management, and indicating disagreement with being
charged a higher rate due to the City's and New Brighton's decision to delay the project.
MOTION: Council member Malone moved and Councilmember Aplikowski seconded a
motion to reject the appeal by Susan Keirn, 2056 Stowe Avenue, since the
Council believes the cost is consist with the bene tit and the assessment was
protested in terms of the prior assessment amount noticed which has already been
substantially reduced and the Council has determined to fund curb and gutter costs
from the SWM Fund. The motion carried unanimously (4-0).
MOTION: Councilmember Malone moved and Council member Aplikowski seconded a .
motion to reject appeal to overlay the road by Michael and Jean Hill, 3280 Lake
Johanna Boulevard, since Sandeen Road does not abut their driveway because it is
;;;\ .~ '" ~~
L: ,of i!\
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 U) U"J Iro II
. the Council's judgement that the project does benefit the property regardless of
driveway access and rejection of the appeal is consistent with previous Council
action. The motion carried unanimously (4-0).
MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
reject the appeal by Coletta Sayre, 4001 Fairview Avenue N., indicating that the
cost is too high and objecting to installation of curb and gutter, because the
Council believes the cost is consist with the benefit and the appeal was based on
the prior assessment amount noticed to them which has already been substantially
reduced and the Council has determined to fund curb and gutter costs from the
SWM Fund. The motion carried unanimously (4-0).
MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a
motion to adopt Resolution #98-34, Adopting Final Bituminous Overlay,
Assessment Roll, 5 year Amortization with an interest rate of 8% simple interest.
Council member Aplikowski stated that while this has been discussed several times she believes,
for the good of the City, the interest rate should not be anything other than eight percent.
Council member Hicks pointed out that the interest rate climate is not different from the last two
or three years which were at eight percent and financed via the City's budget. He stated that it
would not be fair to consider a lower interest rate this year.
. The motion carried unanimously (4-0),
C. Resolution #98-35, Adopting Final Reconstruction Assessment Roll, 5 year
Amortization
It was noted that the Council is asked to adopt Resolution #98-35 whieh would adopt the final
reconstruction assessment roll with a five year amortization. This roll is specific to those
property ovmers being assessed less than $3,500 for five years.
MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a
motion to adopt Resolution #98-35, Adopting Final Bituminous Overlay,
Assessment Roll, 5 year Amortization with an interest rate of 8% simple interest.
The motion carried unanimously (4-0).
D. Resolution #98-36, Adopting Final Reconstruction Assessment Roll, 8 year
Amortization
It was noted that the Council is asked to adopt Resolution #98-36 which would adopt the final
reconstruction assessment roll with an eight-year amortization for those property owners being
assessed an amount equal to or greater than $3,500 for eight years,
.
.-";:;\ ";::- .71 ;? ?
IPi ~j ill
.~} j;= .J
'! ,.... t. U
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 ;~. 'I ... I,,: 12
MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a .
motion to adopt Resolution #98-36, Adopting Final Reconstruction Assessment
Roll, 8 year Amortization with an interest rate of 8% simple interest. The motion
carried unanimously (4-0).
APPROVAL OF MINUTES
A. March 9,1998, Regular Council Meeting
Council member Malone requested the following correction:
Page 8, sixth paragraph: "Councilmember Malone explained that Myron Orfield's proposal for
elected representation of the Metropolitan Council appears to be dead for this year."
MOTION: Councilmember Aplikowski moved and Councilmember Hicks seconded a
motion to approve the March 9, 1998, Regular Council Meeting as corrected. The
motion carried unanimously (4-0).
CONSENT CALENDAR
A. Claims and Payroll
B, Resolution #98-37, Establishing Stowe Avenue as a Municipal State Aid Street Upon
Turn Back from Ramsey County .
C, Resolution #98-38, Designating "No Parking" Restrictions along Municipal State Aid
Streets
Mr. Post recommended the claim for New Brighton Council Chambers rental be removed from
the Consent Calendar and considered subsequent to action on Agenda Item 7b, City Facilities,
MOTION: Councilmember Malone moved and Council member Hicks seconded a motion to
approve the Consent Calendar as listed above and authorize execution of all
necessary documents contained therein with the removal of the claim to the City
of New Brighton, The motion carried unanimously (4-0).
PUBLIC COMMENTS
Mayor Probst invited those present to come forward and address the Council onallY items not
already on the agenda,
Roger Aiken, Finance Committee Member, stated he was unable to attend the last Finance
Committee meeting but wanted to comment on something he noticed in the meeting minutes. He
stated the Finance Committee has not supported the 8% interest rate for assessments, He stated
they have discussed the interest rate, but not in direct terms of the assessment. He stated
Council member Aplikowski indicated that the Finance Committee did not feel there was a need
to change the interest rate but that is not correct. .
------...-
ARDEN HILLS CITY COUNCIL - MARCH 30 1998 ~ ~ ~~1 13
. Mr. Aiken advised that they have researched several different policies and educated all who serve
on the Committee. He stated they are taking a slow and reasoned approach but it is premature to
assert the Finance Committee has come to any conclusion or that the policy should not be
changed.
Mr. Aiken stated that he also wants to address the comment made about the need to address the
assessment shortfall. He stated the reason for the project cost increase has been due to the
market but also consider that contractors are well aware of Statute 429 and the need for value
increase. He noted that the properties in Arden Hills are valued higher than those in Mounds
View and Mounds View received a lower per foot bid. Mr. Aiken stated the SWM Fund was
established to take care of increased curbing and piping improvements to deal with drainage. He
commented on the responsibility of the Watershed District and their taxing ability and noted their
primary mission is to prevent flooding and improve water quality. He stated when the width of
the road is increased and curb and gutter added, it also increases the amount of storm water
generated.
Councilmember Malone asked if the Finance Committee appointed him as a spokesperson. Mr.
Aiken stated he is not representing them but wanted to state his position.
Councilmember Malone stated Mr. Aiken had indicated he was not at the meeting, yet knew the
Finance Committee addressed the 8% interest issue. Mr. Aiken stated the meeting was a work
meeting that occurred prior to the Finance Committee meeting. He reviewed the alternatives
. presented by Mr. Post and stated he was referring to that memorandum.
Councilmember Malone pointed out that Mr. Aiken had indicated the Finance Committee has not
voted on the eight percent issue and had not concurred with an eight percent rate. Mr. Aiken
explained that it has been stated and implied that the Finance Committee has agreed with an eight
percent rate but there is no record of a vote being taken on that particular issue.
Councilmember Aplikowski stated there has been no vote or resolution but an open discussion
occurred about the interest range 01'6.75% and up to 8% and it was discussed. She indicated that
there is a difference of opinion between members of the Finance Committee on the amount that
should be paid but there was no vote taken at that meeting.
Mr. Aiken stated he is just presenting his comment as a resident who served for a year and one-
half on the Finance Committee.
Councilmember Malone stated he was only asking Mr. Aiken ifhe represented the Finance
Committee. Mr. Aiken stated the answer is no.
There were no other public comments.
.
-------
~~~~~
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 14
UNFINISHED AND NEW BUSINESS .
A. Planning Cases
1. Case #98-05, Francis Husnik, 4605 Prior Avenue, Special Use Permit
Mr. Kevin Ringwald, Community Development Director. explained that Francis Husnik is
requesting approval of an amendment to their Special Use Permit (SUP) to allow for the
construction of a 900 square foot garage addition to the recreation building at the Arden Manor
Mobile Home Park. The Arden Manor Mobile Home Park is currently operating on a series of
SUP's which have been granted for the mobile home park. The last was issued in August of
1991 and the applicant is requesting this amendment to facilitate the constmction of a garage
adjacent to the recreation building so they may more effectively store their maintenance
equipment.
Mr. Ringwald reported that the Planning Commission recommends approval of Planning Case
#98-05, the SUP amendment to construct a 900 square foot garage at 4605 Prior Avenue subject
to compliance with Exhibit A of the staff memorandum dated March 4, 1998. He noted that staff
contacted Ramsey County Public Works who indicated the proposed structure would not
interfere with any of the planned construction activities of Ramsey County relating to Highway
96.
Councilmember Malone stated if this were a difTerent situation, the garage could be constmcted .
but. in this case, they operate under a SUP.
MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a
motion to approve Planning Case #98-05, the SUP amendment to construct a 900
square foot garage at 4605 Prior Avenue subject to compliance with Exhibit A of
the staff memorandum dated March 4, 1998. The motion carried unanimously (4-
0).
2. Case #98-06, Scott Roberts, 1160 Red Fox Road, Site Plan Review
Mr. Ringwald explained that the applicant is requesting approval of a site plan to facilitate the
constmction of a one-story 15,000 square foot office building at the southeast comer of Red Fox
Road and Dunlap Street on a 1.39 acre site zoned B-4. The request includes variances for lot size
(1.39 acres provided w'hen 2.0 acres are required) and parking lot setbacks (20 feet from rights-
of-way and 10 feet from property lines are provided, when 50 feet from rights-of-way and 20 feet
from property lines are required). He advised ofrevisions to the parking stall alignment and
relocation of the sign as requested by the Planning Commission and complied with by the
applicant. Mr. Ringwald stated the applicant has also submitted a letter, as requested by the
Planning Commission, indicating his proposed use of the building stating an intention to
construct a mezzanine. Mr. Ringwald noted the landscaping element and request to increase the
sizes per Code requirement which the applicant has also complied with to meet the Landscape
Ordinance. .
Mr. Ringwald stated the applicant is also requesting a lot size variance and front and side parking
lot setback variances. He explained this district was established for a large commercial activity
fir ~~~1
II'
ul
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 l-
IS
. on a significantly sized parcel but this lot is below the minimum size requirement so it cannot
meet the parking lot setback requirements. To provide for reasonable use, the Planning
Commission recommends approval of those setback variances.
Mr. Ringwald reported that the Planning Commission recommends approval of Planning Case
#98-06, Site Plan Review for a 15,000 square foot office with a lot size variance based on the
"Findings - Lot Size Variance" contained in the staff report and the parking lot setback variances
based on the "Findings - Parking Lot Setback Variance" at 1160 Red Fox Road subject to the
following conditions:
1. Compliance with the requirement of the Rice Creek Watershed District.
2. Modification of the landscape plan to provide for two 5 caliper inch trees rather than two
4.5 caliper inch trees.
, Modification of the sign location to be consistent with the Sign Ordinance (20 feet from
~.
Red Fox Road).
4. The owners shall provide a statement of intent of a possible building of a mezzanine.
5. Parking spaces shall be moved five feet from the building and pavement improvements
be made to the easement.
Councilmember Hicks stated he understands the building request does not include the
mezzanme.
. Mr. Scott Roberts, applicant, explained that if they get a tenant that needs a mezzanine they
will build it at that time.
Councilmember Hicks asked if the parking on the plan, as proposed, allows for the additional
mezzanine space. Mr. Ringwald explained the applicant is currently providing ten more parking
spaces than required but the issue is the use of the mezzanine (office or storage) which requires
different ratios of parking.
Council member Hicks noted two corrections needed to Mr. Robert's letter regarding size of
landscaping and the setback of the parking lot. Mr. Ringwald advised these issues are correctly
identified on the site plan.
In response to Councilmember Malone, Mr. Ringwald suggested the sidewalk be concrete rather
than gravel.
MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
approve Planning Case #98-06, Scott Roberts, 1160 Red Fox Road, Site Plan
Review, for a 15,000 square foot office with a lot size variance based on the
"Findings - Lot Size Variance" contained in the staff report and the parking lot
setback variances based on the "Findings - Parking Lot Setback Variance" subject
to the conditions listed above and conditioned on the mezzanine being constmcted
. according to Code requirements and the installation of a concrete sidewalk.
Mayor Probst stated he will support the request and suggested the Council readdress their
development vision of the Red Fox area.
-----
[W ,';;'; 11 r;J~
;ui i.. r2 !
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 UU Lru '" u 16
The motion carried unanimously (4-0). .
3. Case #98-08, City of Arden Hills, 1550 Oak Avenue, Street Vacation (Excess
Right-of-Way) and Variance
ML Ringwald explained that the applicant is requesting approval of a front yard setback variance
for an existing garage (20 feet proposed when 40 feet is required) and for the vacation of excess
street right-of-way on a single family lot zoned R-I. ML Ringwald advised this proposal follows
the agreement reached between the City and Mr. Shepley and reported that the Planning
Commission recommends approval of Planning Case #98-09. the Front Yard Setback Variance at
1550 Oak Avenue for the existing garage based on the "Findings - Front Yard Setback Variance
(Garage)" contained in the staffreport and also to recommend approval of the vacation of the
excess right-of-way for Oak Avenue.
MOTION: Council member Malone moved and Councilmember Aplikowski seconded a
motion to approve Planning Case #98-08, City of Arden Hills, 1550 Oak Avenue,
for the existing garage based on the "Findings - Front Yard Setback Variance
(Garage)" contained in the staff report and also to recommend approval of the
vacation of the excess right-of-way for Oak Avenue. The motion carried
unanimously (4-0).
4. Case #98-26A, Bethel College, 3900 Bethel Drive, Special Use Permit .
Amendment
Mr. Ringwald explained that the applicant is requesting approval of an amendment to their
Special Use Permit (SUP) for Bethel College by updating the traffic generation numbers for the
SUP. He explained when the SUP was approved in March of 1978 it contained conditions
relating to the trip generation rate which, over time, has increased through residential
neighborhoods. He stated the applicant has gone through extensive traffic testing and modeling
and arrived at a trip generation number for a site of this character, type of City, and median
income. Mr. Ringwald reported that the Planning Commission recommends approval of the
Special Use Permit Amendment modifying condition #6 to state: "Traffic generated by the
normal college use shall not exceed volumes anticipated for low to medium density
(approximately 3 to 4.5 dwelling units per acre) residential development of the site (5,670 trips
per day)"
Mr. Ringwald noted Exhibit F, handouts from the City Engineer who reviewed the report, and
Stanley Consultants who is the Bethel College traffic consultant. He noted the City Engineer's
conclusion that both Snelling A venue and Highway 10 can sufficiently handle the trip generation
number at 5,670 trips per day.
Councilmember Malone commented on the size of this site and the number of trips per day used
for residential properties. The City Engineer stated they did look at whether there was a need for .
a signal at Old Highway 10 but they have determined it is not needed.
. @ ~D It ~ ~
lru " .
u L'U U .
ARDEN HILLS CITY COUNCIL - MARCH 30.1998 17
. MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
approve Planning Case #98-26A, Bethel College, 3900 Bethel Drive, Special Use
Permit Amendment modifYing condition #6 to state: "Traffic generated by the
normal college use shall not exceed volumes anticipated for low to medium
density (approximately 3 to 4.5 dwelling units per acre) residential development
of the site (5,670 trips per day)."
In response to Mayor Probst, Mr. Ringwald explained that the principal change is that Bethel is
reaching their maximum development with the limitation being parking requirements.
Craig Hjelle, Bethel College Facilities Director, explained the Planning Commission requested
a traffic count to determine the amount of traffic being generated so they could amend the SUP to
renect that number and allow for the final growth in the campus.
The motion carried unanimously (4-0).
5. Case #98-07, Bethel College, 3900 Bethel Drive, Site Plan Rcvicw
Mr. Ringwald explained that the petitioner is requesting approval of a site plan to allow for the
construction ofa new 276 unit residence hall and a 33,936 square foot addition to the existing
Science, Art, and Technology Building on the interior portion of the Bethel College campus. The
request also includes height variances for the residence hall (42 feet 8 inches is proposed when
. 35 feet is the maximum allowed) and the addition to the Science, Art, and Technology Building
(47 feet proposed when 35 feet is the maximum allowed).
Mr. Ringwald stated the Planning Commission questioned the view since the walkout dorm is
being pulled down the slope to avoid trees and vegetation which exposed the basement and
requires a height variance. The Planning Commission asked if it makes a difference and if it
would be visible trom Old Highway 10. He presented a picture identifYing the existing condition
in the winter season and explained that locating the dorm higher on the hillside will bring the
height of the dorm above the level of the trees.
Mr. Ringwald reported that the Planning Commission recommends approval of the Site Plan for
the 33,936 square foot addition to the existing Science, Art, and Technology Building at 3900
Bethel Drive, including a height variance based on "Findings - Height Variance" contained in the
staff report and subject to the following conditions:
1. Approval of this construction is contingent upon the approval of the amendment to the
Special Use Permit in Planning Case #96-26A.
2. Provision of erosion control plans for the proposed construction.
~ Approval of the plans by the Rice Creek Watershed District.
~.
4. The smallest amount of bare ground is exposed for as short a time as feasible.
5. Temporary ground cover, such as mulch, is used and permanent ground cover, such as
sod, is established.
. 6. Methods to prevent erosion and trap sediments are employed.
7. Fill is stabilized to accepted engineering standards, approved by the City Engineer.
--------
to: ~ I~ ~ lr .
[" ! If' If\J U U
ARDEN HILLS CITY COUNCIL - MARCH 30 1998 i.':j 18
Mr. Ringwald reported that the Planning Commission also recommends approval of the Site Plan .
for a new 276 unit residence hall, including a height variance based on "Findings - Height
Variance" contained in the staff report, subject to the following conditions:
1. Approval of this construction is contingent upon the approval of the amendment to the
Special Use Permit in Planning Case #96-26A.
2. Provision of erosion control plans for the proposed construction.
, Approval of the plans by the Rice Creek Watershed District.
J.
4. The smallest amount ot' bare ground is exposed for as short a time as feasible.
5. Temporary ground cover, such as mulch, is used and permanent ground cover, such as
sod, is established.
6. Methods to prevent erosion and trap sediments are employed.
7. Fill is stabilized to accepted engineering standards, approved by the City Engineer.
Mayor Probst asked if the addition to the Science, Art, and Technology Building will be visible
from Old Highway 10. Mr. Ringwald stated it will not be visible from Highway 51 or Old
Highway 10. He noted the location of scattered vegetation and vegetation along the hillside.
Councilmember Hicks stated his concern about the visibility from Highway 10 just south of the
main entrance, looking across the parking lot. He stated there is not much vegetation in that
location to provide screening.
Mr. Hjelle advised that if driving by on Old Highway 10 there is a view of approximately 30 to .
40 feet in width just south of the entrance.
Mayor Probst stated an issue will be the color of the building. Mr. Hjelle stated they will use the
Bethel-colored brick as used on the other buildings.
Mr. Wilson asked if lighting is a consideration and if this is for additional students or to replace
housing in New Brighton which would reduce traffic from that area. Mr. Hjelle explained the
New Brighton housing will remain in use and this will allow an increase to the number of
students and allow students to relocate from the married section ot'the campus to the new
dormitory.
Mr. Ringwald stated the Planning Commission did look at this building with and without lighting
and felt it would be less visible if located down from the slope.
MOTION: Councilmember Hicks moved and Councilmember Malone seconded a motion to
approve Planning Case #98-07, Bethel College, 3900 Bethel Drive, Site Plan
Review, the 33,936 square foot addition to the existing Science, Art, and
Technology Building including a height variance based on "Findings - Height
Variance" contained in the staffreport and subject to the conditions listed above
and for a new 276 unit residence hall, including a height variance based on
"Findings - Height Variance" contained in the staffreport and subject to the .
conditions listed above.
ARD N HILLS CITY COUNCIL - MARCH 30 1998 19
. Councilmember Aplikowski requested the inclusion of a condition indicating the lighting level
be "reasonable" where it can be viewed.
Mr. Hjelle stated they will be using high cut-off lights as used on other buildings and he does not
know of any SUP provisions relating to lighting. He stated they have complied with restrictions
about lighting not extending off the property.
The motion carried unanimously (4-0).
Mr. Hjelle thanked the Council for this consideration and stated they hope to be under
construction in June.
6. Case #98-03, City of Arden Hills, 1450 West Highway 96, Amendment to
Arden Hills Zoning OrdinancelPawnshops
Mr. Ringwald explained that the City of Arden Hills is requesting approval of an amendment to
the Zoning Ordinance which would identify pawnshops as a prohibited use in all zoning districts.
He noted this proposal will include the actual verbatim State law definition of "pawnshop" and
lists it as not permitted in all zoning districts. Mr. Ringwald reported that the Planning
Commission recommends approval of the requested amendment to the Zoning Ordinance.
MOTION: Council member Hicks moved and Councilmember Malone seconded a motion to
. approve Planning Case #98-03, City of Arden Hills, 1450 West Highway 96,
Amendment to Arden Hills Zoning Ordinance/Pa"vnshops. The motion carried
unanimously (4-0).
B. City Facilities
Mayor Probst noted the memorandum from Mr. Fritsinger reporting that the City is actively
proceeding with planning for construction of a new City Hall facility at the Sunfish Lake site on
Highway 96. However, the most recent information from the Minnesota National Guard has
indicated the executed lease date upon which construction activities could begin has, once again,
been delayed.
Mr. Post reviewed the discussion held at the recent Council workshop relating to staff needs and
possible delay in obtaining the Sunfish site and alternative options. He stated staff reviewed one
option which was leasing space at Control Data on an 18-month lease basis and a second option
of leasing space at the Round Lake Business Center on a two-year sublease for a corner space.
Mr. Post advised staff is recommending the Council authorize negotiations of the leased space at
the Round Lake Business Center.
Councilmember Malone stated he believes the Round Lake Business Center option provides
reasonable space located within the City of Arden Hills and believes the two-way radio issues
can be resolved.
. Council member Aplikowski stated she believes the Round Lake Business Center space is more
accessible and provides a friendlier work environment.
__ ____n___
I'" --, .-i :-;:; ~-~
,O! 't'
),\1 ; ~ !...' ';J ) ~
10 lfi 'f'> U
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 " - - ., 20
~ _ u
Councilmember Malone stated he is agreeable to working with the owner to take the 4,400 .
square foot space which would provide enough space so it is not crowded,
Councilmember Aplikowski noted it would also allow the Council to move back into Arden Hills
to hold their meetings.
Mr. Post advised there is additional space available for lease which the building owner would
like to add as a package, If included, it would increase the square footage to 4,416, He noted
that this additional space would provide for. more appropriate file and document storage than
currently exists.
Mayor Probst stated he has been resistant to moving in this direction due to the cost but he finds
the 24-month term more palatable because he believes the new City Hall will be available prior
to that expiration. He reviewed the staff analysis relating to costs incurred and noted it does not
address some of the exposure with the current City Hall such as air conditioning costs over the
summer months and possible need for repair. Mayor Probst stated if there is active use for
additional space he would support adding it but, otherwise, he supports leasing only the space
needed.
Councilmember Aplikowski noted the extra space may also allow the Council to locate their
work session meetings and, perhaps, Council meetings within the City's boundaries,
Mr. Post stated that preliminary costs were identified with regard to demolition of the current site .
and advised of the need to obtain bids for that work,
MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a
motion to direct staff to proceed with negotiating the remaining term of the Round
Lake Business Center space for a total of 4,416 square feet (if determined by staff
to be needed) on a two-year sublease basis with an option for a third year and to
also direct staff to proceed to obtain demolition bids for the current site. The
motion carried unanimously (4-0).
C. Non-Union Employee Benefit Program
Mr. Post explained that staff was directed to provide additional information related to the current
monthly contribution of $31 0 per month for non-union employees. He stated the City has not
formally acted on the level of contribution of benefit for non-union employees but has dealt with
some elements of that program. Mr. Post asked how the Council sees that contribution to be
addressed.
Mayor Probst commented on the need for contribution fairness between married and unmarried
employees. He explained that a true cafeteria program would offer each employee the same
dollar value and require them to take the health benefit unless they can demonstrate they have
other sufficient coverage. In that case, they could opt out and take the dollars as taxable income.
.
-------------
M\ ........ )-. -. 'i?
llJ) iD{ i!1 c: II
.~
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 UU i1U . U 21
. Mr. Post stated the City does not have a cafeteria program and commented on the difficulty of
finding a provider that would support the employee "opting out" option since they do expect
100% participation.
Councilmember Aplikowski suggested the Council set a maximum contribution and allow
employees to use it, in some fashion, for health benefits without the alternative of getting the
funds as taxable income.
Councilmember Malone stated he supports providing a fair package to both married and
unmarried employees and proceeding in the direction being suggested,
Councilmember Hicks asked if the life insurance policy builds cash value. Mr. Post stated that it
does not and is strictly term insurance, Councilmember Hicks statcd if they have sufficient life
insurance coverage they are still gaining comparable benefits.
Councilmember Aplikowski noted it is families that need the extra coverage as opposed to
singles but the program needs to be fair to alL
Mayor Probst stated if the single coverage cost is $160 and family coverage is beyond what is
being paid then the single coverage employee can designate the remainder of the contribution
towards life insurance coverage.
. In response to Councilmember Hicks, Mr. Post stated there are eight single family coverage
employees, six family coverage employees, and one COBRA retired employee. He noted that
staff needs Council direction to calculate employee deductions for the April pay checks.
Councilmember Malone stated he believes it was agreed that the contribution was not to exceed
$320.
Councilmember Aplikowski stated she supports offering the ability to the employee to use the
$320 contribution as they see fit for health and dental insurance coverage. She suggested that
amount be considered with the issue further discussed at an upcoming meeting.
Mr. Post advised that the $320 level of contribution is the same as with other bargaining units.
Mayor Probst stated he supports making the net benefit to employees equivalent whether single
or married. Councilmember Malone stated his concurrence and noted that with a cafeteria plan
the ability exists to deduct a portion of your salary for child care and other qualified expenses
but, ifit is not used, it is lost at the end of the year.
Mr. Probst stated the intent is not to pay taxes on that portion of the wage.
Council consensus was reached to direct staff to proceed with $320 as the available contribution
and direct staff to research the options to equalize the benefit package for single and married
. employees.
- - --- - - -- ---- ------------- ----------
.;'\ .~ 1\ .( 'fr
iO' 'D'I
UU /. 1"- l!
ARDEN HILLS CITY COUNCIL - MARCH 30. 1998 lll! UU i U 22
D. Upgrading Trail Aecess Areas .
Ms. Cindy Walsh, Parks and Recreation Director, explained she is asking permission to upgrade
the trail aceess areas at Edgewater A venue, Jerrold A venue, and Katie Lane. She noted this had
been discussed last year. Ms. Walsh reported that along Katie Lane, one of the houses was built
up so they recommend the retaining wall be matched. Currently, there is no home on the south
side of that traiL
MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
approve paving all of the segments since there will be street construction in the
area this summer and an expenditure of an additional $6,291.50 from the Park
Fund. The motion carried unanimously (4-0).
E. Sanitary Sewer Repairs
Mr. Dwayne Stafford, Public Works Superintendent. explained that the Public Works
Department had previously identified areas of the sanitary sewer system where structural failures
have occurred. This identification was the result of televising approximately 20,000 linear feet
of suspect sewer pipe, much of which lays adjacent to wetland areas. He advised that significant
damage was tound but it was determined to repair only the worst of those areas. Mr. Stafford
recommended the immediate repair of the worst areas at a cost of approximately $14,500 for
engineering fees relating to those repairs. It was noted that staff has budgeted $75,000 for
sanitary sewer repair work in 1998. .
MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a
motion to approve Work Order #98-04 for engineering costs relating to necessary
repairs to the sanitary sewer system The motion carried unanimously (4-0).
ADMINISTRATOR COMMENTS
Mr. Post requested Council direction with respect to reviewing the cigarette compliance check
ordinance issue.
Councilmember Malone recommended the ordinance be written to comply with State Law.
Mayor Probst stated the rates being quoted by North Suburban Tobaceo Compliance Project were
very inexpensive. Mr. Post stated this is being done in conjunction with Ramsey County.
Consensus was reached to continue with the present policy.
COUNCIL COMMENTS
Mr. Post advised that staff will contact property o\;ners regarding the Council's action on the
1998 Street Improvement Project.
Councilmember Hicks suggested the streets for the next street improvement project be identified .
now so those that would be assessed can be notified. Mr. Ringwald suggested a graphic within
the newsletter to identify the streets and year anticipated for improvement. The Council
concurred.
n' .-':\ ' ~.., -~
i~' ~i ,1\ ;:, If
;U; ,"), :'" q
'u UU " U
ARDEN HILLS CITY COUNCIL - MARCH 30 1998 "" u' 0 23
. Councilmember Malone noted the suggestion to consider a significant back up power system.
He stated this type of system is quite expensive and noted that services issued from the City Hall
are not life safety issues.
Councilmember Malone noted the indication from residents serving on the Public Safety
Commission that they are not interested in considering a city-wide one contract garbage hauler
option.
Councilmember Aplikowski reported on the recent Ramsey County League meeting and
presentation by Como Zoo who is soliciting funding tor improvements.
Councilmember Aplikowski urged staff to proceed quickly with the office space lease.
Mayor Probst thanked John Miller for attending the meeting this evening.
Due to the Council motion to direct statf to proeeed with negotiations for office space at the
Gateway Business District, Mayor Probst suggested the payment to the City of New Brighton for
rental of their City Hall for the full year be tabled to the next meeting. The Council concurred.
In view of the recent severe weather, Mayor Probst raised the issue of emergency preparedness
and requested Council's support of expending $500 to prepare an emergency preparedness plan.
. Mr. Statford advised that Mark Bishop attended the last Safety Commission meeting. Mr.
Bishop has written the emergency preparedness plans for New Brighton and Mounds View and is
currently working on a plan for Andover. He reported that the Safety Commission recommended
Mr. Bishop be hired to prepare a plan for Arden Hills at an estimated cost 01'$500. He stated he
will contact those three cities to receive their input regarding Mr. Bishop's work.
Mayor Probst announced the birthday of Community Development Director Kevin Ringwald.
ADJOURN
MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to
adjourn the meeting at 10:58 p.m. The motion carried unanimously (4-0).
Dennis Probst Brian Fritsinger
Mayor City Administrator
NOTICE OF MEETINGS
The next regular City Council meeting will be held April 13, 1998, at 7:30 p.m. at the New
e Brighton Council Chambers.
.
~ ~~~i
MINUTES
. CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
MONDAY, MARCH 16, 1998
4:45 P.M. - ARMY RESERVE CENTER, 4655 LEXINGTON A VENUE NORTH
CALL TO ORDER
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council
Worksession at 5: 15 p.m. Present were Council members Dale Hicks, Beverly Aplikowski,
Susan Keim, and Paul Malone; City Administrator, Brian Fritsinger; Community Development
Director, Kevin Ringwald; City Accountant, Terry Post; Parks and Reereation Director, Cindy
Walsh; Public Works Superintendent, Dwayne Stafford; and Administrative Secretary, Sheila
Stowell.
APPROV AL OF MEETING AGENDA
MOTION: Councilmember Keim moved and Councilmember Aplikowski seconded a motion
to approve the meeting agenda tor the March 16, 1998 Worksession. The motion
carried unanimously (5-0).
CITY ISSUES - SHORT TERM
. a. Hwy. 96/Hwy. 10 Traffic Study
The City's consulting engineer, Greg Brown ofBRW, Inc., along with Tony Heppelmann of
BRW, Inc., the firm's traffic and transportation engineer presented a study the Highway
96lHighway 10 interchange. Mr. Brown and Mr. Heppelmann presented various intersection
configurations for the Highway 96 and 10 interchange and related short and long-term impacts.
The scope of the study and discussion included evaluation of existing traffic patterns; traffic
modeling of alternative scenarios; levels of access; pedestrian movements and access; Gateway
Boulevard alignment; existing Highway IO accesses; Gateway Business District access; storm
drainage; ramp metering and HOV facilities; TCAAP property acquisition; and a summary of
benefits, property acquisitions, and cost implications of each alternative.
Mr. Ringwald pointed out several positive aspects of Layout No.2, consisting of a grade
separated interchange, with north access, and suggested the Couneil may wish to direct staff and
engineers to review various pending MnDOT traffic projects and their implications to a proposed
new interchange. Mr. Ringwald questioned whether the proposed interchange in Layout No.2
could provide enough capacity to accommodate future traffic requirements from the Gateway
Business District (GBD), given that access to southbound Highway 10 was eliminated.
Mr. Heppelman confirmed that it would have sufficient capacity.
.
----
.
@ ~~ ~~
ARDEN HILLS CITY COUNCIL WORKSESSION - MARCH 16. 1998 2
.
Mr. Ringwald suggested that, with this layout, it appeared to serve the needs of the City, Ramsey
County, and MnDOT equally well, and should be considered a negotiating point with those
agencies.
Mr. Fritsioger reminded Couocilmembers that the proposed ramp to the north through TCAAP
property is a long-term venture. Mr. Brown suggested a reverse loop would be an alternative,
should the City not be able to acquire needed TCAAP property in a timely fashion.
Mr. Fritsinger referred to the City of Shoreview's recent traffic study regarding the University of
Minnesota property. Mr. Fritsinger specifically referred to County Road I, and the study's
assumption of no development occurring on the TCAAP site. Mr. Fritsinger stated that staff had
requested a meeting with the City of Shoreview to review various assumptions ofthe traffic
study.
Further discussion included the minimum alternative suggested by BRW, and whieh alternative
would better serve the City's short and long-term traffic needs. It was the consensus of
Councilmembers and staff that a grade separation, as presented in Layout No.2, would better
serve the City, and resolve several intersections problems. Mr. Brown pointed out that, with
Layout No.2, some ponding issues in the SE quadrant need to be addressed.
Staff was directed to initiate discussions with Ramsey County and MnDOT, suggesting Layout .
No.2 as the City's minimum request, accelerating the schedule on an 1-35W bridge, future
interchange proposals and requirements at Gateway Boulevard; and to request definition ofthe
long-term intentions of MnDot regarding the future functions of Highway 10 and the I-35W
corridor.
Mayor Probst revised the order of the agenda to accommodate the consultants present for the City
Hall presentation,
d. City Hall
Mr. Fritsinger reviewed various revisions to the proposed City Hall design process since the last
time this topic was brought before the Council. Jeanne Sterner and Tom Deangelo, ofthe
Architectural Alliance, reviewed revised preliminary building design and cost estimates.
Discussion items included, a conservative estimate of the proposed project budget as it relates to
the latest preliminary design; storm water ponding requirements; the agreement by Ramsey
County for a full curb cut and intersection on Highway 96; and design changes in the lower level.
Ms. Sterner stated that the estimated budget of $1.9 million detail represented a building design
of 16,105 square feet. Since this budget had been initially formulated, there had been elimination
of additional square tootage. The revised preliminary design dated March 16, 1998, was for a .
building of approximately 14,900 square feet. This reduction has been achieved by moving the
employee lunchroom to the first floor, and the lower level being constructed as all open space,
.
IDJ ~~?1
ARDEN HILLS CITY COUNCIL WORJ(SESSION - MARCH 16. 1998 3
.
with the exception of the vault and rough in restrooms. Ms. Sterner stated that the initial
footprint of the building remains at approximately 9,800 square feet.
Mayor Probst stated that, in an effort to keep the City Council's public commitment to stay on
track with the budget, the lower level may need to remain as raw space, programmed for future
modifications, rather than including a community room at this time.
It was the consensus of the Council that, with recent discussions regarding staffing levels, the
mezzanine area to be used immediately be eompleted, with the remainder of that level receiving a
minimum of drywall and paint until further use is determined.
It was the consensus of the Council regarding the lower level to provide finished out bathrooms,
inexpensive floor treatments, vault, painted walls, future community space, and bid additional
amenities as an alternate. Consensus among Councilmembers was that, should the bids come in
more competitively than expected, more alternates could be included. The City Council also
agreed that the fireplace will remain. The mechanical systems should be reviewed in order to
reduce costs for this item.
Mr. Fritsinger stated he would be in contact with Architectural Alliance staff following
. discussions regarding staffing proposals to be discussed later that evening.
Mayor Probst left the meeting at 6:45 p.m., turning the meeting over to Acting Mayor, Dale
Hicks.
b. Assessments. 1998 Street Improvement Proiect
1. Interest Rate
Mr. Post reviewed assessment rates from a City-historic and statutory basis. He stated that the
City Council needed to consider, since the City generally internally finances these projects, that
the City should receive a comparable yield as those funds available for investment by the City.
Mr. Post suggested several options for the Council to consider.
After further diseussion, staff was directed to prepare a resolution for Council consideration at
the March 30, 1998 City Council meeting, with an interest rate at the Federal Reserve ten year
constant maturity for the week ended March 25, 1998, plus one Percent (1.0%) with an upper cap
at eight percent (8%) and a lower cap at six percent (6%).
2. Alternative Roll
. Previously, the City Council had directed staff to prepare several alternate assessment rolls for
their consideration.
----
@ ffi1/I\ ~ If .
Iiu
ARDEN HILLS CITY COUNCIL WORKSESSION - MARCH 16 1998 4
.
Mr. Post reviewed various alternative rolls, including a buy down rate with additional revenue;
capping the assessment at a 3.5% of fair market value maximum; and greater use of the Surface
Water Management (SWM) utility.
Council directed statTand the City's consulting engineer, to prepare a resolution for Council
consideration at their March 30, 1998 meeting, amending previous action and separating out the
portion of the stormsewer cost that is not curb and gutter, and determine the impact on the
proposed reconstruction assessment rate.
3. Unusual Lots
Mr. Brown, consulting engineer, reviewed unique lot configurations and situations identified in
the 1998 Street Improvement project area, for Council information prior to the March 30, 1998
Public Hearing.
c. Retreat Review - Planning with Budget Considerations. etc.
Pending further review by staff of priorities and goals established by the City Council at their
recent Retreat, Mr. Fritsinger had no items to discuss at this time.
c. Employee Insurance .
Staff had no additional information related to the employee insurance program at this time.
MISCELLANEOUS ITEMS
City Hall. TemDorary Facilities
Mr. Fritsinger briefly reviewed various items for the Council to consider at their March 30, 1998
meeting regarding the possibility of leasing temporary facilities, public relation requirements,
accessability issues, and other considerations.
Independent School District No. 621. Maintcnance Request
Ms. Walsh reported that the City had received a request from LS.D. No. 621 for our providing
outsourcing services to them for routine maintenance of some of their athletic facilities.
Mr. Fritsinger stated the City would be cautiously considering this request as it relates to the
City's budget and manpower requirements.
Cable Franchise Fee
Mr. Post reported that the City had received payment from Media One for 1997 cable franchise .
fees.
~ ~~ ~1
ARDEN HILLS CITY COUNCIL WORKSESSION - MARCH 16.1998 5
.
Public Works Items
Mr. Stafford reported various happenings in the Public Works Department, including installation
of a majority of the commercial/industrial meters; and the need to pursue another location for the
City's fill materials, with the development of the Gateway Business area.
Community Devclopment
Mr. Ringwald reported that he had been working with a party on the potential development of the
County E-2 and Cleveland Avenue corner for a possible single story, walk out office building.
Retreat Comments
Councilmember Aplikowski commented that the Retreat had been helpful, but she would like to
see the City Council and Department Heads discllss these issues more often.
Mr. Fritsinger suggested the COllncil and staff could pursue two Worksessions each year that are
used specifically for "brainstorming" sessions.
. Further discussion included possibly planning several Saturday half-days during the year.
ADJOURN
MOTION: Councilmember Malone moved and Councilmember Keim seconded a
motion to adjourn the meeting at 7:45 p.m. The motion carried
unanimously (4-0).
.
--
CITY OF ARDEN HILLS PAGE 1 OF3
, ACCOUNTS PAYABLE CLAIMS REPORT
, TO BE APPROVED AT 04/13/98 COUNCIL MEETING
.
CLAIMS PAID SINCE LAST COUNCIL MEETING (03/30198)
r el<'# !ClCDA'rEIVENDOR. I AMOUNT !COMMENTS .. I
I I
13710 03126198 Circus Pizza 140.58 Vaeation Dav Event 03/26
13711 03126/98 Grand Slam Snorts 152.24 Vacation Dav Event - 03/26
i 13712 03126/98 Mermaid Lanes 66.00 Vacation Dav Event - 03126
I' 13713 03127/98 Postmaster. St. Paul 800.00 Posta.e for Permit #1962
I' 13714 03/27/98 Kevin Rin.wald .. 104.72 Reimbursement - Mileal!e and MeetinlZs
II 13715 03127/98 Brian Fritsinger 322.05 Reimbursement - MileaQ:c and MeetinlZs
11 13716 03/27/98 Buroer Kin--;;- 30.00 Vacation Dav Event - 03127
Ii 13717 Check Voided
Ii 13718 03/27/98 Citv of Shoreview 48.00 Vacation Dav Event - 03127
I' 13769 03/30/98 Brian Fritsinp"cr 286.25 Deduction Reimbursement. PIR 3-6, Insurance
, 13770 04/01/98 Government Training Service 180.00 MCMA/MACA Annual Conference Fritsin.er
,
13771 04/01/98 Met Council Environmental Services 43,401.58 Sewer Char.e - Anril
13772 04/03/98 State Canitol Credit Union 3.214.36 First Anril Pavroll
13773 04/03/98 ICMA Retirement Trust - 457 6,978.45 First Anril Pavmll
13774 04/03/98 Public Em~oVf':es Retirement Association 3.534.57 First Aoril Pavroll
13775 04/02/98 Citv of New Bri.hton 1,854.00 Lease for Council Chambers, Jan.-June, 1998
13776 04/02/98 Citv ofNe';" Bri.hton 1,131.00 1998 Ramsev Countv GIS Users Groun Fees I
13777 04/02/98 Happy Faces Entertainment Company 172.70 Deposit - "Day_~n._ the Park"
13778 04/02/98 E- Z Recvclin.. Inc. 4,714.00 March Service
13779 04/03/98 Postmaster, St. Paul 394.11 Posta.c Permit # 1962 II
13780 04/06/98 Postmaster. St. Paul 400.00 Posta.e - Permit #1962 'I
. 13781 04/06/98 DCA, Inc. - FSA Den.rtment ...._~_.__!87~Q Day Care Reimbursement - PIR #7, Walsh ,I
13782 04/08/98 United States Postal Service 400.00 Office Posta.e - Pitnev Bowes Ii
13783 04/08/98 Postmaster, St. Paul _ 353.28 Posta.e - Permit #1962 .. ..-.--.jj
13784 04/08/98 Rick Shepley and Janet Shenlev 4,000.00 1996 Street Imor. - Easement A.reement I
13785 I 04109/98 Cr.;;-ofManlewood 99.00 Vacation Dav Event - 04/09
13786 "1 04109/98 Bumer Kin. 44.00 Vacation Dav Event - 04/09
13787 I 04109/98 Lava links 132.00 , Vacation Dav Even t 04/09 ']
I I
I Subtotal Paid Claims 73.140.3911
Paid Claims From Above - 73,140.39
Add Unpaid Claims, Page 3 of 3 - 136.745.61
Total Accounts Payable Claims
for Council Approval, 04/13198 - 209,886,00
I
Note: Checks for unpaid claims totaling $38.288.75 were mailed
on March 31st. 1998 after approval at the March 30th
Council Meeting. They were check numbers 13721-13768.
This sequence corresponds to unpaid temporary numbers
. T1 - T48. Check numbers 13719-13720 were used for
alignment. CrAlMSI.I_64
CITY OF ARDEN HILLS PAGE 2 OF 3
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 04/13/98 COUNCIL MEETING
.
UNPAID CLAIMS REGISTER:
1""')&1'''' 1(;)(.:0","""1 :VENDOR I AMOUNT I COMMENTS I
1 . 1
1'01 04/14198 Accurate Press. Inc. 70.29 "Day in the Park" Brochures 12,775)
1'02 04114198 Animal Control Services, Inc. 323.25 Do. 1 Cat Enforcement, 02128-03/24
1'03 04114198 Architectural Alliance 10,297.01 City Hall Desilm Fee, 01/31-02/27
1'04 04/14198 A 1'&1' - Kansas City 30.03 Current Invoices Lon. Distance
1'05 04/14198 ' Automatic Garage Door Comnanv 51.50 Renairs 1230 Red Fox Road
1'06 04/14198 Beisswenoer's How-To Store 184.21 March Purchases - Parks and Public Works
1'07 04/14198 B~er Ford Trucks, Inc. 602.22 Vehicle #103 Clutch and Parts
1'08 04/14198 , BRW, Inc. 25,460.72 En.ineerin. Services, 02/14-03/13
1'09 04/14198 Carlson Fnuinment 151.70 Fencin" - CumminQ's Park
TlO 04/14198 Comer Markino Comnanv 56.10 Notary Stamp and Corvo rate Seal
1'11 04/14/98 C~rate~ss 318.74 Various Office Supplies
Tl2 04/14198 Earl F. Andersen, Inc. 158.98 StreetSi""s and Brackets 14\
Tl3 04/14198 Ehlers & Associates, Inc. 20,520.00 Fiscal Consultants - TIP District No.2
Tl4 04/14198 Ten Emerson 26.00 Refund - llBuildine for Beeinnerstt
Tl6 04/14198 Prattallone's Hardware Stores 100.89 March Purchases-Parks and P,W. (W/Discount)
Tl7 04/14198 Gallaoher's Service, Inc. 194.63 March Service --~
Tl8 04/14198 Glenwood Inolewood 15.62 Service - February and March
Tl9 04/14198 Government Finance Officers Association 125.00 Annual Membershin - Post
1'20 04/14198 Karen Healv 32.00 Refund "Clav Creations"
1'21 04/14198 Matv Hinze 26.00 Refund "Buildinp for Bepinners"
1'22 04/14198 Ind~ndent School District #621 1.033.20 Buildme Supervision, [J)/97 -12/97
. 1'23 04/14198 KimberlY Kahat 30.00 Refund - Vacation Dav Event ,
1'24 04/14198 Kath Auto Parts & Machine Shop 91.44 Vehicles #103 and #104 - Renair Parts ,
1'25 04/14198 Kennedv Transmission 187.62' Vehicle #107 Renair Transmission ,:
1'26 Lc~e of Minnesota Cities ,
I 04/14198 10.00 Legislative Review - 04/24. Fritsin~er I
1'27 04/14198 LeiWUe of MN Cities Insurance Trust 508.00 CMC 18091 Additional Endorsement
1'28 04/14198 LeamJe of MN Cities Insurance Trust 1,535.00 Worker's Comnensation - '97 Audit Ad;ustment
1'29 04/14198 Lillie Suburban NewSnaners, Inc. 90.79 I.e.al Notices March
1'30 04/14198 Kath-;:;;;;- Lindbem 26.00 Refund - "Building for Becinners"
Ii 131 04/14198 Jane Lund 51.03 Reimbursement MileaO'e
l' 1'32 04/14198 Minnesota Denartment of Health 3.193.00 Water Test Fee 1Q98
!i 1'33 04/14198 Minnesota Deoartment of Revenue _._~ 3,512.06 Sales Tax Remittance - lQ98 .
!: 134 04/14198 Minnesota Societvof CPA's 105.00 Annual Dues Post
b 1'35 04/14198 MTI Distributino Comnanv 85.00 Trainino Class - Koeslino
I'
II 136 04/14198 North Metro Insnection, Inc. 1.456.00 Electrical Inspections March i
!: 1'37 04/14198 North Star In temational Trucks 53.29 Vehicle #16 - Renair Parts
I: 1'38 04/14198 Northern States Power Comnanv 5,544.50 Current Invoices
1'39 04/14198 Noll Co;;;;:;anv 6.55 Vehicle #20 - Brake Huid
il 1'40 04/14198 Orkin Extenninatin. Comnany, Inc. 42.00 Citv Hall Pest Control - March
I. 1'41 04/14198 Tracy Petersen 76.20 Reimb Milea.e and Eee Hunt Suoolies _~
il
il 1'42 04/14198 Proex Photo Svstems 8.65 Film Develonment - Protective Insnection
!! 1'43 04/14198 Radisson Hotel & Conference Center 1,073.02 Retreat, 03/13-03/14
Ii 1'44 04/14198 Ramsey County 763.78 Diesel Fuel and Unleaded Gas - February
'. 48,728.00 Law Enforcement - April
i:
ii 28.00 Assessment Prepayment Receipt Books
ii 25.44 Mailine Costs - Elections
Ii 1'45 04/14198 Reuional Mutual Aid Association 10.00 Membershin - 1998
~ 04/14198 Connie Restemaver 32.00 Refund Clay Creations
1'47 04/14198 Rice Creek Watershed District 36.00 Comnrehensive Plan Undate
1 . .",~d
. II Total Unpaid Claims --- 127,086.40JI
CIAlMS1,U_12ll
,
CfIY OF ARDEN HILLS PAGE 3 OF 3
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 04/13/98 COUNCIL MEETING
.
UNPAID CIAIMS REGISTER:
1..'TI1l\lP#....I...~".J:)A'I'1!.'.I...v"SJ:)Ou:.~ - I AMOUNT ICO'MMI1S'tS I
I I
1'48 04/14/98 Roseville Area Schools 25.06 "CorliOuter TroubleshootinQ" - Rinl!Watd
1'49 04/14198 Rowekamo Associates. Inc. 550.00 Comnrehensive Plan Arc View
1'50 04/14198 Ryder Student Transportation 105.00 Target Center - 03/14
I 900.00 Vacation Dav Events, 03/23-03/27
1'51 04/14198 I Marv Seifert 30.00 Refund Vacation Dav Event
1'52 04/14198 i Dwavne Stafford 37.70 Reimbursement - Milea2c
1'53 04/14198 ! Standard and Poor's 4,500.00 Services Rendered - GO Tax Increment Bonds
1'54 04/14198 i Standard Truck & Auto 407.18 Vehicle #110 Snrino Renlacement
1'55 04/14198 I Sheila Stowell 41.64 Reimbursement MileaQ'c and Sunnlies
1'56 04/14198 I Taroet Stores . 72.56 Supplies - Easter !lgg Hunt
1'57 04/14198 I Timesaver Off Site Secretarial 296.75 Council Meetino - 03130
1'58 04/14198 ! US West Communications 1,141.62 Current Invoices
1'59 04/14198 : Waldoch Snorts - 125.19 Vehicle #8 - Scraoer Blade, etc.
1'60 04/14198 I Cvnthia Walsh 93.00 Reimbursement Mileal!c and Phone
1'61 04/14198 Welsh Develonment Companv 1,066.50 Refund Buildinp Permit #5946
1'62 04114198 West Weld 165.07 Shan Sunnlies - Parks and Public Works
1'63 04114198 Jean Wocken 68.00 Refund. "Clav Creations & Puppets Come Alive"
1'64 04114198 Ron Zimmerman 34.00 Refund Golf . ~
I l
Subtotal, Page 3 of 3 9,659.21
. Paoe 2 of3.BroughtForward- 127.086.40
I Total Unpaid Claims 136,745.611
. CLAIMSl.ll[-19.
i:f: g 8! I~ t-- - 8 8 g 8 ;j ~ill..l'" g g ~ g g
_ ':..1' c:i 0 -.-l ~ d d d'd rri"';' "1 d d N d d
..... .. 00. t'l ...... \0 '. 0.
1- :'. N V. 00 I"" f'"-
=tt:- ! N ...;- I:~ vi
. [ ill
u
,
""1,:l0\l-..~ l-go.r:-o. 'Olt),oO:1 ..00008 r--or-....'IAJJ t-l-OO\t"--
.,-,~~::l~..~ ;;d~~ d:;oq;"1 ~I;.!~:t'"i :;;~:~:..,.,.j\:~~:l~
~ (1'1 l"1 C\ (1'1 .... It) 00 It'l. 0\.....: ...... 00 .... N ...... 0 0 0 N :'tl'I '_'.-.'. 0 If') v. 0\ ""
- (1"].. ""'. r-.t. It) N......... lOA O\A: N_I q ~ ~ "l '/P'! ~ ..". ~ NA Vl
CX)- l"1.... N '.~ . . ..... \0 iIil~ <'"1 0 ...... r- 0 "r;'.. t- ..0 N
0):'-> N .... ..., .... 1','" ,c: M (1'1
(;) Iii i
o rIl,'
........ ~ I
~ 0 . I ~
0... ! ...... ., ...~ ~ I~
Cl U"..,.. I 8 .D .~iS,1 .~ ,~18' < *
UJ ::>. .......;;; g ..: I ,,, " 1> ~ : U '"
I- ~,:: I i<< t; .~ Q ~i 0.9 a) .g 8 to i,4 ~ * 'd:
... ,......,. ..: !;l 2:1 .,," u " ,.. - 0 -
C5 ~,',' I i> 8 " u ...1' ~. dl;o ~ 8 ~ 510~.', I B :;j@J
~. ~ U!;llj...' !:I. u~ ~ ~ e:;PlI <3""~
", '" S u.. ., _"" ,., _ '" ..... '" c;j .* "" '"
".0,_ .- (,) :::l "'0 -; : . 'i 0 HOC: ';j ~ 0 ~ .0 .- (,)
~ ~" 'i ~I .~ ~ ~ > jm'." ~ ~ ~ ~ ] "2 ~ ~ p., ~ '8 ~ 'i ~
(.) "',', 0 ::;;, ,... _ ,J<..", "..;.1,. U '<t [ii '" JL:; '" .8 ~, '" '" e~O ::;;
UJ .<< "''''-,c< "~~,, ",::;U ::;r",<<
[5 I ~ I ~ ~ ~I I ~ ~ ~~ ~ ~ ...~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ] ~ ~ ~
IEI[I] ITD ~ [[[[]
1.lil ~
I I'~ ~
~ ~
- ~ ~ ~
~ ~ I 0 :5 8 ~
~ ~ ~ 00 ~ H
....JI' l:l ~ '~I j I .g~
...J~ ~ 'i! ~E E E ~.
o 8 Ii ,e. I ~ 'Ii ] ]] ~ ;:
CI:I ~ () P-.ct:l ct:l ~ ~ ~
>-co : ;7. 8 g Vol~.
<: ell" N ";..t ~ 1a.B
,." -.. ..... II,) l-o ~
~v Sf--<'"
-.J:::' I:' .g .g .g' ..g .g ~ .?i ~ ~ .?i ~ A ~ :q ~ ~ ~ ~ ~ ~ A ~ ~ ~ A ~ A ~ r ~ ::a
~ I'': ~ ~ ~ ~ ~ ~ ~ 0 0 ~ 0 ~ 0 ~ 0 0 0 0 0 0 ~ 0 0 0 ~ N ~ ~ U H
a: 0 lili ..... ..... ..... ...... ..... .... ... 00 00 .... 00 po ..,. ~ 00 00 QO QO QO QO ? QO QO QO .... N...., ""O'S: ~
('.IN N N I ('.I N N ~~j:l.,
C. .. ~ Vol CIJ (j)
<>. ! .............,..,....\08000.,..,O\ONO'.....~........Ir.ooor--o..,.Co,.....00''''':o .B..........Cl
- r-- ~ .... 0 r-- 0 ..,...... r-- 0. ~ r-- ~ ..... r-- N \0 N N ~ ~ ~ Co, N ~ ..... ~ ~ ~.~ ~
I- ~ -.i- -.i- a: r...: .,f ..... 0 -.i- -.i- ..-i r...: ..0 N ..... ..... ..... ,..; u) ~. ..0 <Xi N r...: >6 >n 0 >6 N <, Vol 'll I-<
ell ""..,...,.r--..,.r-- OO.........Nlnr--...."'NN 00""..,.CCo,8,Nlr,\O m' (\,l~~
'^ ell N N ..... NIM ~ r-- r-- ~ \0 ~ ..,. ..,. r-- In lr, ~ ~ '" ~ 00 '" '" . N 0. 0 ~_
VJ J.......... ....................~, '" ~
a:~" ~~~
- NI "M ~
- CO' m 0 tQ c<:l
U. - : ___ M '.g E-- ~
8 8 0 01!8 00 ..,. 0 0 ~ 0 8 0 00 .,.., 0 0 00 0 ~ 00 0 0 0 0 00 00 0 ~ ~.u Vol
o 0 r-- 0 C ..,. ~ \0 0.,.., r-- \0 ~ r-- \0 ~, ~, ..,. ..,. 00 0 00 N ~ ~.I ~ a (j)
u) u) u) d ~ <Xi ~ ~ N d ..-i ~' ~ d ~ ..-i ,..; ~ ~ a: N ~ N N >n <Xi a: r-- ~ ~ 0 ~
\0 \Q '" C \Q ..... l:'- ..,. C 00 r-- .......... '" 0. QO \Q ~ ..,. ..... ~ ~ ~ ~ r-- \0 '_'1 0 I-< .a
NNN~Nl:'-~oo'.C!.~""~OO ."'''' .o:-tC'1r--~(').'<t.~C1r-.tq,QO~N'<t~ 0 ....~'
00.................... N ............................................................ ~I !:ii~]
Ni f--< ~ 0
1(1"j'1 '" "
, "", 0 = ....
~ !>. a3 (j)
r ro .... ~
, 'I i ~!:ii ~
1:. I oU E-- l:i
'~I -. ,.,
en r l.s Il) ~
-.J '" >-. ...... CIJ C,,)
...J I',',' -;:: " I "1 '" ..s .-
..' Il) c<:l......... Il) 0()
..rz;;:;!i ~ 1a"'~"O .g ~..c::: ~ ro >. I 1a, ~
J: !~ ~ P=l"~ 'i:: ~ "3 ~ "S: .... 8 Il).... .g & ~ l::: ~ ~ ~ 113 i'''''' c<:l ~...... "::0 ~.~ (\,l
z !~.... ~ ~ ~ 4 ~ ~ ~ ~ ';f Jj 8 ~ ~ g '-89 ~ dl ~ ~ ~ i ~ :g ~ ~I~:E ~ ~ ~,' ~ ~ ~
UJ "'1 ~ ~ . > Cj ~ " ~ 0 ........,,,,, ~L;< "" ""..., " -d''' ~ 0' f--< c..... d," " ~ "
. .,..,.....Il)......siZll:l!J~v.l-t rA' ~ --~(\,lciU:il-<l-o-t5... ......~. ~o"""
~ K 1!lli!IJJJIMi~iIJlliJli'!IIJ! I I
. u.. ~".'..,'O' N ~ " ~, ~ 00 ~ ~ ~ ~, ~ ~ N " N ~ ~ ~ ~ ~ ~ N ~ ~ ~ 0 N ~ ..<,.,.,.'.
O I> 8 0<88"~"""~880<"""88"8"""8SS8-
" ::. . 0 0 0 C C5 ~ ~ ~ g ..... .... .... 0 1:5 1:5 0 0 ;0 c 0 ;0 ;0 ..... Co, '" '"
~.. .;;.:Z; ..... ..... ..... ..... ..... N N N N N N N N "" "" "" .... .... .... .... ..,. ..,. ..,. ..,. ..,. ..,...,. ~ .....
>- '[iI" ' ~ 1.
I- ~i~( Q ~ ~ ~ ~ e: ~ ~ 81 rl ~ ~ ~ ~ ~ Ri ~ ~ ~ ~ ~ tl ~ ~ ~ ~ ~ ~ ~ >'_,', g
- .<,: .' -+ ..,. -+ ..,. ...,. ...,. ..,. ...,. '<t ...,. ~ ..,. '* ..,. -+ '* ...,. ..,. ..,. ..,. ..,. v ..,. ..,. ..,. ..,. '<t..,. '.. .....
() Ilb" Z .,.., .,.., .,.., In V1 In V1 V1 V1 .,.., .,.., .,.., .,.., _ ,,", v:. v:. lr, lr, lr, lr, lr, v:. v; v:. _':' v; v:. tr, _ 8:
CITY OF ARDEN HILLS
. MEMORANDUM
DATE: April 10, 1998
TO: Mayor and City Council
FROM: Brian Fritsinger, City AdministratorW
SUBJECT: Jane Lund Retirement, Proclamation
Request
Historically, the City Council has recognized the dedication oflong-term City employees upon
their retirement or departure from service.
As Couneil is aware, Ms. Jane Lund retired effective April 1 0, 1998, after twenty-one (21) years
in the City's Finance Department.
Recommendation
Staff recommends the City Council consider the attached proclamation.
.
BF/sls
.
------
CITY OF ARDEN HILLS
COUNTY OF RAMSEY .
STATE OF MINNESOTA
PROCLAMATION
WHEREAS, the City of Arden Hills wishes to recognize the efforts and years of service of Jane
Lund; and
WHEREAS, Ms. Lund has provided services to the City of Arden Hills in the Finanee
Department for twenty-one years; and
WHEREAS, Ms. Lund retired from the City on April 10, 1998.
NOW THEREFORE, BE IT HEREBY PROCLAIMED THIS 13TH DAY OF APRIL, 1998
by the City Council of the City of Arden Hills, Minnesota:
The City Council wishes the best to Jane Lund on her retirement from the City of Arden .
Hills, and expresses their appreciation to her for her years of service to the citizens of
Arden Hills.
DENNIS PROBST, MAYOR BEVERL Y APLlKOWSKI, COUNCILMEMBER
DALE HICKS, COUNCILMEMBER PAUL 1. MALONE, COUNCILMEMBER
SUSAN KEIM, COUNCILMEMBER
.
----
CITY OF ARDEN HILLS
. MEMORANDUM
DATE: April 10, 1998
TO: M'y,md Cily C,undl ~
FROM: Brian Fritsinger, City Administrat@
SUBJECT: Ordinance Amending Cable Franchise Ordinance, Further Extending
Term
Backl!round
The Attorney representing the cities in the North Suburban Cable Commission has recommended
that the cities further extend the term of the franchise by an additional ninety (90) days to allow
for negotiation of final contract language with Meredith Cable. An ordinance that will extend the
term of the franchise until July 20, 1998 has been included for Council consideration.
The City Council had adopted Ordinance No. 302 at its October 27, 1997 meeting extending the
franchise agreement to January 19, 1998. A further extension was adopted via Ordinance No.
303 at it's January 5,1998 meeting, extending the franchise agreement through April 20, 1998.
. As most of the negotiations have been completed on the renewal agreement, this should be the
last extension required prior to adoption of the renewal agreement.
Recommendation
Based on previous information provided to the Council, it is recommended that the City Council
adopt Ordinance No. 306, An Ordinance Amending Cable Franchise Ordinance No. 226, Article
II, Section 4, Franchise Term.
BF/sls
.
.-
CITY OF ARDEN HILLS
COUNTY OF RAMSEY .
CITY OF ARDEN HILLS
ORDINANCE NO. 306
AN ORDINANCE: AMENDING CABLE FRANCHISE ORDINANCE NO. 226,
ARTICLE II, SECTION 4, FRANCHISE TERM
SECTION 1. Ordinance No, 226, Article II, Section 4, Franchise Term, is hereby amended to
read;
Section 4. Franchise Term
This franchise shall commence upon the effective date of the regular certificate of
confirmation issued by the Board and shall expire on July 20, 1998.
SECTION 2, This ordinance shall be effective upon passage and official publication.
Effective Date
This ordinance shall become effective the day following its publication in the City's official
newspaper.
Adoption Date
Passed by the City Council of the City of Arden Hills this 13th day April, 1998. .
DENNIS PROBST, MAYOR
ATTEST:
BRIAN FRITSINGER, CITY ADMINISTRATOR
(SEAL)
Publication Date
Published on the _ day of ,1998.
(Affidavit Attached)
PUBLICATION COpy
.
---------.-
BERNICK AND LIFSON
A PROFESSIONAL' ASSOCIATION
ATTORNE:YS AT LAW
. NEAl...). SHAPIRO SUITE 1200, T~E: eOI-ONNAO!!: tAL-SO AO.I.'IITTEO IN WISCONSIN
SAUl.. A. BERNICK" ~AL.SO CERTlF"IE:O PUSI..IC ACCOUNTANT
5500 WAYZATA BOULE:VA1=I:O "",,-50 ADMITTEO IN FLOI'lIDA
THOMAS 0_ CFl:EIGHTON MINNEA~OLIS. MINNESOTA 55416-1270 -
SCOTT A. '-I~SON - LEGAL ASSISTANT
DAVID K. NIGHTINGALEt TEL!:::l='HONE (SL2! 5<46-I~OO KATHRYN G. MASTERMAN
PAUL.). QUAST"
FACSIMILE ISl21 546-1003
ROBERT J. V. vaSE:
WILLIAM S. FORSBERG" r--..__ -.--
j_T:~'._' .-- ;".~,
April 2, 1998 f):} ;'~QP
l ':-j._J'..J
(;Y"
Mr. Brian Fritsinger ".. i ~
City Administrator
City of Arden Hills
1450 W. Hwy. 96
Arden Hills, MN 55112
Dear Mr. Fritsinger:
As you know, the current extension of the cable television franchise ordinance expires on April
20, 1998. We have now fundamentally completed negotiation of a renewed franchise and the
North Suburban Communications Commission will consider the franchise at its regular meeting
Thursday, April 2, 1998. We fully expect that the Commission will make a positive
. recommendation to its member cities regarding adoption of the franchise and that the final
documents will be provided to the member cities in the very near future.
However, time is needed for cities to fully review the proposed franchise and because some cities
have lengthy ordinance adoption requirements including first and second readings which will
likely prevent effective adoption of the franchise ordinance by April 20th, we are recommending
further extension of the current franchise. Enclosed please find a proposed Ordinance Amendment
extending the franchise for an additional ninety (90) days. This additional extension period has
been agreed to by the Company in order to prevent a lapse in the franchise. Of course, this
further extension does not change the underlying terms of the current franchise, and simply
permits the orderly adoption of the renewed franchise.
Please adopt the enclosed Ordinance Amendment and send notification to this office.
.
--
Mr. Brian Fritsinger .
April 2, 1998
Page 2
If you have any questions, please feel free to contact me.
In summary:
1. The current cable franchise extension expires on April 20, 1998.
2. Enclosed is a further extension of the franchise ordinance to July 20, 1998,
3. Please adopt the enclosed.
4. Please send a copy of the adopted Ordinance Amendmem to my atIemion.
Sincerely,
BERNICK AND LIFSON, P.A. ~
) , ~4~
Thomas D. Creighton
Robert J.V. Vose .
Enclosure
cc: Ms. Coralie A. Wilson
Mr. John F. Gibbs, Esq.
.
CITY OF ARDEN HILLS
MEMORANDUM
. DATE: April 7, 1998
TO: Brian Fritsinger, City Administrator
FROM: Dwayne Stafford, PubIlc Works Director YS.
SUBJECT: Gateway Boulevard Parking
Background
The City of Arden Hills is currently constructing Gateway Boulevard to provide access to the
Gateway Business District. This roadway will be built to the City standard of thirty two feet in
width, which is less than adequate to provide for on street parking.
With the volumes of traffic expected upon completion of development in this area, maintaining
an unrestricted flow oftraffic will be necessary.
Recommendation
The City of Arden Hills Public Works Director recommends the City Council approve
Resolution #98-39, Designating "No Parking", on Gateway Boulevard.
DS/jt
.
.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS .
RESOLUTION NO. 98-39
A RESOLUTION DESIGNATING "NO PARKING" RESTRICTIONS ON
GATEWAY BOULEVARD
WHEREAS, the City of Arden Hills is constructing Gateway Boulevard to provide access to the
Gateway Business District; and
WHEREAS, Gateway Boulevard will be constructed to a width of thirty two feet; and
WHEREAS, Gateway Boulevard will be less than the required width to support on street
parking according to accepted standards.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Arden Hills, on
street parking shall be banned on Gateway Boulevard.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 13TH DAY OF APRIL, 1998.
DENNIS PROBST, MAYOR .
ATTEST:
BRIAN FRITSINGER, CITY ADMINISTRATOR
.
. CITY OF ARDEN HILLS
MEMORANDUM
DATE: April 13, 1998
TO: M.y.md C'<yC...d' ~
FROl\I: Kevin Ringwald, Community Development Director
SUBJECT: ResolutIon 98-40, Vacating a portion ofthe Oak Avenue right-of-way
Introduction
The Staff requests that the City Council endorse Resolution 98-40 which vacates a portion of the
Oak Avenue right-ot:way as approved by the City Council in Planning Case 98-08 on March 30,
1998 (Exhibit A).
Background
The City Council on March 30,1998, approved Planning Case 98-08 which provided for the
vacation of a part of the Oak Avenue right-of-way. The City reconstructed Oak Avenue in 1996.
In preparing the plans and specifications for this construction the City found out that the existing
. Oak Avenue was built outside of the existing right-of-way for Oak Avenue. The City Council
determined that the general alignment of the existing Oak Avenue should be maintained.
Therefore, additional right-of-way from this property owner was required. Additionally as part
of this right-of-way realignment excess right-of-way became available. To which, the City is
now proposing to vacate said excess right-ot:way. Lastly, with the new right-of-way the
existing garage for the Shepley's house became non-conforming. Therefore, the City agreed as
part of the right-of-way acquisition to consider the granting ofa variance for the applicant's
garage.
Recommendation
The Staffrecommends adoption of Resolution 98-40, vacating a portion of the Oak Avenue
right-of-way, per the approval of Planning Case 98-08.
.
~~rr /Jr 1(~
. STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION 98-40
RESOLUTION VACATING A PORTION
OF THE OAK A VENUE RIGHT-OF-WAY
WHEREAS, the City of Arden Hills (the City) reconstrueted Oak Avenue in 1996; and
WHEREAS, the City in preparing the plans and specifications for the reconstruction of Oak
Avenue discovered that the existing roadway was not contained within the existing right-of-way
for Oak Avenue; and
WHEREAS, the City determined that the alignment of the existing Oak Avenue should be
utilized for this streets reconstruction; and
WHEREAS, the property owner agreed to provide the City the neeessary right-of-way for this
reconstruction in exchange for vacating the excess right-of-way in this area; and
WHEREAS, the City has caused a notice of public hearing to published in the City's official
. newspaper tor two (2) consecutive weeks (Febmary 18th & 25th of 1998) and the City has
notified the affected property owner at least ten (10) days prior to the public hearing; and
WHEREAS, the request to vacate was reviewed by the Arden Hills Planning Commission at a
public hearing on the 4th day of March, 1998, and approved by the Arden Hills City Council on
the 30th day of March, 1998; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills,
Minnesota hereby agrees to the vaeation of that portion of the Oak A venue right-of-way as
described on Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 13TH DAY OF APRIL, 1998.
DENNIS PROBST, MAYOR
ATTEST:
. BRIAN FRITSINGER, CITY ADMINISTRATOR
2{z,-
EXHIBIT A .
A Street Vacation of that part of Oak Avenue adjoining the North 150.00 feet of Lot 5, Block 5,
Shady Oaks Addition, according to the recorded plat thereof, Ramsey County, Minnesota, except
the West 245.00 feet thereof, which lies Southerly and Southwesterly of the following described
line:
Commencing at the northwest corner of the above described property; thenee North 89
degrees 59 minutes 58 seconds East, on an assumed bearing along the north line of said
Lot 5, a distance of 48.00 feet; thence North 0 degrees 00 minutes 02 seconds West, a
distance of 10.00 feet to the point ofbeginnning of the line to be deseribed; thence
Southeasterly along a curve, concave to the southwest and tangent to a line drawn parallel
with and 10.00 feet North of the north line of said Lot 5, having a radius 01'75.00 feet, a
central angle of 84 degrees 00 minutes 00 seconds, a distance of 109.96 feet, and there
terminating.
.
.
..
. CITY OF ARDEN HILLS
MEMORANDUM
DATE: April 10, 1998
TO: M.yoc '0' C;ly Cooodl @
FROM: Brian Fritsinger, City Administra or
SUBJECT: County Road F, Renaming
Back~round
At the March 9, 1998 City Council meeting, the City Council discussed and received comment
regarding the renaming of County Road F. At that meeting, the City Council tabled action until
the April 13, 1998 meeting pending feedback from the neighborhood. Ms. Billie Schacht
volunteered to canvass the neighborhood and provide a recommendation to the City Council.
Recommendation
Staff recommends the adoption of Ordinance No. 304, Renaming a Portion of County Road F,
subject to the determination of a viable street name.
. BF Isis
.
----
.~
ST A TE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE NO. 304 .
AN ORDINANCE RENAMING A PORTION OF COUNTY ROAD F
The Arden Hills City Council hereby ordains as follows:
1. Ramsey County had recently turned back to the City of Arden Hills that portion of
County Road F lying between old Highway 10 on the east and 1-35-W on the west.
2. The City of Arden Hills has significantly improved this portion of County Road F and
wishes to rename the street.
3. NOW, THEREFORE, the Arden Hills City Council hereby ordains as follows:
a. Effective on the 1;t day of August, 1998, that portion of County Road Flying
between Old Snelling Avenue on the east and I-35W on the west shall be named
" "
b. The City Administrator is directed to notify all parties who own property on this
road segment, the Ramsey County Sheriffs Department, the Lake Johanna Fire
Department and the U.S. Post Office of the change in name and of the effective
date for the name change.
c. The City Administrator is hereby directed to file a certified copy of this ordinance .
with the Ramsey County Recorder.
Effective Date
This ordinance shall be effective the day following its publication or on the day following
the publication of an Ordinance Summary approved by the City Council.
Adoption Date
Passed by the City Council of the City of Arden Hills the 13th day of April, 1998.
DENNIS PROBST, MAYOR
ATTEST:
BRIAN FRITS INGER, CITY ADMINISTRATOR
(SEAL) .
Publication Date
Published on the of ,1998.
CITY OF ARDEN HILLS
. MEMORANDUM
DATE: February 26,1998
TO: Brian Fritsinger, City Administrator
FRO:\I: Dwayne Stafford, Public Works Director ~
SUBJECT: Renaming County Road F
Backeround
The Public Works Director provided Council with four options for Council to consider at the
February 17, 1998, Council worksession.
1. Consider those names provided previously by the Public Works/Public Safety
Committee, as a result of their City wide survey. Those names were:
a. Mustang Road
b. Mustang Trail
c. Valentine Lake Drive
d. Valentine Lake Road
e. Arden Hills Road
. 2. Ask residents again for input on the renaming.
3. Rename as Farrell Drive as decided at the June 17, 1996, Worksession.
4, Leave as County Road F.
Councilmemher .\plikowski Letter
Councilmember Aplikowski indicated at the February 17, 1998, Council Worksession, she had
sent letters to County Road F area residents explaining the City Council is ready to consider
renaming County Road F, and asked those residents for their input. Councilmember Aplikowski
asked that the Council wait on a decision until residents had time to respond to her letter.
CouncilOecision
The City Councilmembers agreed at their Febmary 17, 1998, Worksession, to have Staff notify
residents of County Road F that Council will be taking action on the name change at their March
9,1998, Council meeting. Attached is a copy of this notification.
Recommendation
The Public "vVorks Director recommends Council consider input from attending residents of the
County Road F area and proceed with the renaming of that portion of County Road F between
Interstate 35W and Old Highway 10. Attached is an ordinance prepared by City Attorney Filla
pertaining to the renaming, which the Public Works Director recommends execution of.
. If Council proceeds with the renaming, Staff will notify the Ramsey County Recorder and Public
Service agencies of the change.
Enclosure
.
BRW MEMORANDUM
. A OA.VoES &. MOORE. GROUP COMPA "'-;-;---.'-l"/r-"O
r"~ .! <~ l \, t:.. BRW
Thresher Square
r,rn 1 01998 700 South Third Street
r.. .\ _ Minneapolis, MN 55415
C'"'. "~ HILLS Phone: (612) 370.0700
! ,j '~'! ,....(" 'J i., ~ Fax: (612) 370.1378
To: Brian Fritsinger/City Administrator File:379510028001
.
From: Greg Brown/BRW, ~1:~ ri
Arden Hills City Engineer (/:) l1
,
Date: April 9, 1998
Subject: Pay Estimate #3
Gateway Business District, 14th Street Northeast
Back!!round
The City of Arden Hills awarded Lametti & Sons, Inc. of Hugo, Minnesota the Gateway
Business District, 14th Street Northeast project on October 14, 1997. Lameni & Sons low bid
. was $713,700,00; Change Order #1 was approved by the Council on October 14, 1997 increasing
the contract amount by $17,000.00 to $730,700.00. Change Order #2 was approved by the
Council on December 15, 1998 increasing the contract amount by $193,726.50 to $924,426.50.
Proiect Status
Lametti & Sons has completed the construction of the new 21" sanitary sewer. The line was
tested, approved and is currently in operation for the City. The contractor is currently
completing earthwork and watermain construction along the roadway. Payment Request #3
includes payment for items associated with this work.
Recommendation
The Arden Hills City Engineer recommends Council approve Pay Estimate #3 for Lametti &
Sons, Inc. of Hugo, Minnesota in the amount of $97,000.98. A retainage of 5% is being held for
the project.
e
U\WPDOCS'..ARDENHlL\GA TEWA Y\PA YESTliJMEM
~
CITY OF ARDEN HILLS BR"" '>:)Y V
City (.,);JY
CONSTRUCTION PAYMENT VOUCHER Contractor Copy
Inspector Copy
ESTIMATE NO.: 3 (Three) .
DATE: April 8, 1998
PERIOD ENDING: April 3, 1998
CONTRACT: Gateway Business District 14th Street Northeast
ENGINEER'S FILE NO.: 37951-002-8001
TO: Lametti & Sons, Inc.
16028 Forest Boulevard North
Hugo, I'vIN 55038
A. Original Contract Amount ...,..,..........,.....,.........,...,.... ,$713,700.00
B. Total Additions. . . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . , . . . . . . . . . . . $210,726.50
C. Total Deductions. . . . . . . . , . . . . . , . . . . . . . . . . . . . , . . . . . , . . . ' . . , . . . , . . . . $0,00
D. Total Contract Amount , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . $924,426.50
E. Total Value of Work to Date. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . $390,339.30
F. Materials on Hand. . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
G. Gross Amount Due to Date. . . . . . . . . . . , . . . , . . . . . , . . . . . ' . . . , . . . . . . . . . . $390,339.30
H. Less Retained (5%) . . . . . . . . , . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $19,516.97 .
1. Less Previous Payments ...........,......,........,..,............. $273,821.35
J. Total Approved for Payment this Voucher. .. . , . . . . . , . . . . . . , . . , . . . . . . . .. $97,000.98
K. Total Payments Including this Voucher.............,...... ....... ,.... .$370,822.33
APPROV ALS:
Pursuant to our field observations, 1 hereby recommend for payment the above stated amount for work
performed through ~I 3, 1998. .'/A;'1" i/MR
Signed by' /. /1
t ' '
Date
Signed by:
Lametti & Sons, Inc. Date
Signed by: e
City of Arden Hills Date
City Change Orders:
No, Date Aoproved Additions Deductions
. One October 14,1997 $17,000.00
Two December 15, 1997 $193,726.50
Net Change by Change Order = $210,726.50
Previous Payments:
No, Date Aooroved Amount
One December 15, 1997 $90,171.43
Two January 26, 1998 $183,649.92
Total Previous Payments = $273,821.35
.
.
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
BRW File: 37951-002-8001 4/09/9.
Page: 1
~q. No/ Unit Contract Contract To Date To Date
:-lDot. No Item Unit Price Quantity A:nount. Quantity Amou:1~
------- ------------------------ ------- ---------- --------- ----------- - - - - - - - -- -----------
id Schedule: 1.0 - STREET
1 SUBGRADE PREPARATION RDSTA 150.00 25,00 3750.00 0.00 0,00
000.000
2 MODIFIED SELECT GRANULAR CY 10.00 4783.00 47830.00 1200.00 12000.00
000.000 BORROW
3 AGGREGATE BASE, CLASS 5 TON 7.50 5178,00 38835.00 156.60 1174.50
JOO.OOO
4 TYPE 31B, BASE COURSE TON 24.00 1497.00 35928.00 0.00 0.00
000.000 MIXTURE
5 TYPE 41A, WEAR COURSE TON 26.00 1215.00 31590.00 0.00 0.00
JOO.OOO MIXTURE
6 4" THERMOPLASTIC LF 2.00 4378.00 8756.00 0.00 0.00
JOO.OOO DRAINTILE .
7 BIT. MATERIAL FOR TACK GAL 1. 50 434.00 651.00 0.00 0.00
JOO.OOO COAT
8 CONCRETE CURB AND GUTTER, LF 7.00 4271.00 29897.00 0.00 0.00
JOO.OOO B618
9 CONCRETE CURB & GUTTER, LF 11.00 300.00 3300.00 0.00 0.00
000. 000 SUR~1.
10 MILL BITUMINOUS SURFACE SY 5.00 890.00 4450.00 0.00 0.00
000.000
11 REMOVE AND REPLACE SY 12.00 658.00 7896 .00 0.00 0.00
JOO.OOO PAVEMENT
12 SUBGRADE DENSITY TEST, EA 25.00 18.00 450.00 0.00 0.00
000.000 INPLACE
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
000.000
15 CLASS 5 DENSITY TEST, EA 25.00 12.00 300.00 0.00 0..
000.000 INPL.l\CE
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
ell File: 37951-002-8001 4/09/98
page: 2
~q. No/ Unit Contract Contract To Date To Date
:.1.Dot No Item Unit Price Quantity Amount Quantity Amount.
- - - - - -- ---------------------.-. ------- ---------- - - - - - - - -- ----------- --------- -----------
16 CONCRETE TESTING EA 105.00 8.00 840.00 0.00 0.00
000.000
17 BITUNINOUS AIR VOID TEST EA 115.00 4.00 460.00 0.00 0.00
000.000
18 BITUHINOUS CORE DENSITY EA 105.00 4.00 420.00 0.00 0.00
000.000 TEST
19 GEOTEXTILE FABRIC SY 1.50 9565.00 14347.50 0.00 0.00
000.000 (TYpE 5)
20 CO~~ON EXCAVATION CY 2.70 5480.00 14796.00 0.00 0.00
000.000
21 CONr-10N BORROW (LV) CY 5.90 23260.00 137234.00 11319.00 66782.10
JOO.OOO
i_hedule: Subtotal: $ 79,956.60
2.0 - STORM SEWER
1 12" RCP SEWER CLASS III LF 30.00 186.00 5580.00 0.00 0.00
000.000
2 15" RCp SEWER CLASS III LF 31.00 177.00 5487.00 0.00 0.00
lCO.OOO
3 18" RCp SEWER CLASS III LF 32.00 100.00 3200.00 0.00 0.00
JOO.OOO
4 21" RCP SEWER CLASS III LF 34.00 423.00 14382.00 0.00 0.00
000.000
5 24" RCP SEWER CLASS III LF 36.00 32.00 1152.00 0.00 0.00
000.000
6 30" RCP SEWER CLASS I II LF 45.00 80.00 3600.00 0.00 0.00
000.000
7 33" RCP SEWER CLASS III LF 51.00 773.00 39423.00 0.00 0.00
000.000
8 36" RCP SEWER CLASS III LF 57.00 247.00 14079.00 107.00 6099.00
0.00
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
BRW File: 37951"002-8001 4/09/9.
Page: 3
e.q. No/ Unit Contract Contract To Date To Date
nDat No Item Unit Price Quantity Amount Quantity Amount
- - - - - -- - ---- - ---------- - ------- - - - - - -- ---------- --------- ----------- --------- -----------
9 42" RCP 5EWER CLASS III LF 73.00 38.00 2774.00 0.00 0.00
000.000
10 12" RCP PIPE APRON EA 450.00 2.00 900.00 0.00 0,00
000.000
11 15" RCP PIPE APRON EA 500.00 1. 00 500.00 0.00 0.00
000.000
12 18" RCP PIPE APRON EA 600.00 0.00 0.00 0.00 0.00
000.000
13 42" RCP PIPE APRON EA 1500.00 1. 00 1500.00 0.00 0.00
000.000
14 CATCH BASIN EA 900.00 5.00 4500.00 0.00 0.00
000.000
15 STk.'IDA..1l.D NANHOLE EA 1100.00 7.00 7700.00 0.00 0..
000.000
16 60" DIAMETER NANHOLE EA 1800.00 4.00 7200.00 0.00 0.00
000.000
17 72" DIAMETER NANHOLE EA 2200.00 1. 00 2200.00 1. 00 2200.00
000,000
18 84" DIAMETER NANHOLE EA 3500.00 2.00 7000,00 0.00 0.00
000.000
19 OUTLET STRUCTURE LS 3702.00 1. 00 3702.00 0.00 0.00
000.000
20 RIP-RAP Ch~SS III CY 90.00 30.00 2700.00 0.00 0.00
)000.000
21 JACK BORE 36" RCP LF 650.00 0.00 0.00 0.00 0.00
:000.000 CLASS 5 (P)
22 SUBGRADE PROCTOR EA 70.00 4.00 280.00 0.00 0.00
000.000
23 SUBGRADE DENSITY EA 25.00 20.00 500.00 0.00 0.00
'000.000 .
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
ew File: 37951-002-8001 4/09198
Page: 4
eq. Nol Unit Contract Contract To Date To Date
:n.Dot No Item Unit Price Quantity Amount Quantity Amount
- - - - - -- ------------------------ ------- - - - - - - - - -- --------- ----------- --------- -----------
24 PIPE FOUtIDATION ~~TERIAL LF 1. 00 2056.00 2056.00 107.00 107.00
JOO.OOO
25 30" RCP PIPE APRON EA 1250.00 1. 00 1250.00 0.00 0.00
000.000
Subtotal: $ 8,406.00
lid Schedule: 3.0 - SANITARY SEWER
1 CONNECT TO EXISTING EA 3350.00 2.00 6700.00 2.00 6700.00
000.000
2 S.~IT~~Y SEWER MANHOLE EA 1600.00 8.00 12800.00 9.00 14400.00
000.000
3 ~~OLE EXTRA DEPTH LF 80.00 169.00 13520.00 192.97 15437.60
OOC.OOO
~ 21" RCP SEWER CLASS V LF 78.00 80.00 6240.00 106.00 8268.00
00 .000 18 -20' DEEP
5 21" RCP SEWER CLASS V LF 78.00 60.00 4680.00 54.00 4212.00
000.000 20-22' DEEP
6 21" RCP SEWER CLASS V LF 78.00 50.00 3900.00 132.00 10296.00
JOO.OOO 22-24' DEEP
7 21" RCP SEWER CLASS V LF 78.00 520.00 40560.00 488.00 38064.00
000.000 24-26' DEEP
8 21" RCP SEWER CLASS V LF 78.00 290.00 22620.00 567.00 44226.00
000.000 26-28' DEEP
9 21" RCP SEWER CLASS V LF 78.00 450.00 35100.00 200.00 15600.00
000.000 28-30' DEEP
10 21" RCP SEWER CLASS V LF 78.00 50.00 3900.00 203.00 15834.00
000.000 30-32' DEEP
11 21" Rep SEWER CLASS V LF 78.00 2S.00 1950.00 344.00 26832.00
000.000 32-34' DEEP
. 21" RCP SEWER CLASS V LF 78.00 295.00 23010.00 0.00 0.00
00 34-36' DEEP
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
BRW File: 37951-002-8001 4/09/_
Page:
eq. No/ Unit Contract Contract To Date To Date
nDot No Item Unit price Quantity A;nount Quantity Amount
- - - - - -- - -- -- -------- ----------- - - - - - -- ---------- --------- ----------- --------- -----------
13 211f RCP SEWZR CLJ\SS V LF 78.00 175.00 1365C.00 0.00 0.00
000.000 36-38' DEEP
14 JACK BORE 32" STEEL LF 190.00 0.00 0.00 0.00 0.00
000.000 CASING PIPE
15 8" SERVICE CONNECTION EA 1000.00 3.00 3000.00 1. 00 1000.00
000.000
16 8 " PVC SERVICE PIPE LF 35.00 150.00 5250.00 0.00 0.00
000.000
17 8" SERVICE OUTSIDE LF 70.00 60.00 4200.00 75.59 5291.30
000.000 ~~NHOLE DROP
18 STANDARD PROCTOR EA 70.00 2,00 140.00 0.00 0.00
000.000
19 INPLACE DENSITY TEST EA 25.00 60.00 1500.00 0.00 0..
000.000
20 PIPE FOUNDATION ~~TERIAL LF 1. 00 1995.00 1995.00 2094.00 2094.00
000.000
subtotal: $ 208,254.90
id Schedule: 4.0 - WATERMAIN
1 CONNECT TO EXISTING, EA 2300.00 1. 00 2300.00 1. 00 2300.00
000.000 WET TAP
2 CONNECT TO EXISTING EA 500.00 2.00 1000.00 2.00 1000.00
000.000
3 12" DIP WATERMAIN LF 25.00 2098.00 52450.00 380.00 9500.00
000.000
4 6" DIP WATERM."-IN LF 20.00 88.00 1760.00 21.00 420.00
000.000
5 HYDRANT \-IITH 6" VALVE EA 2200.00 5.00 11000.00 1.00 2200.00
000.000
6 8" GATE VALVE EA 500.00 3.00 1500.00 2.00 1000.00
000.000 .
.
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
. File; 37951-002-8001 4/09/98
Page: 6
~q. No/ Unit Contract Contract To Date To Date
:Dot No Item Unit Price Quantity P.mount Quant.ity Amount
- - - - - -- ------------------------ ------- ---------- --------- ----------- --------- -----------
7 12" BUTTRFLY VALVE EA 800.00 3.00 2400.00 1. 00 800.00
JOO.OOO
8 FITTINGS LB 1. 00 5490.00 5490.00 698.00 698 .00
100.000
9 6" SERVICE CONNECTION EA 500.00 0.00 0.00 0.00 0.00
100.000 WITH VALVE
10 JACK BORE 18" STEEL LF 120.00 0.00 0.00 0.00 0.00
:00.000 CASING PIPE
11 STANDARD PROCTOR EA 70.00 1. 00 70.00 0.00 0,00
JOO.OOO
12 INPLACE DENSITY TEST EA 25.00 20.00 500.00 0.00 0.00
100.000
. PIPE FOUNDATION MATERIAL LF 2.00 2098.00 4196.00 401. 00 802.00
100.000
14 8" DIP WATERMAIN LF 23.00 187.00 4301.00 46.00 1058.00
lOO.OOO
15 2" POLYSTYRENE INSULATION SF 2.00 96.00 192.00 0.00 0.00
:00.000
16 8" SERVICE CONNECTION EA 750.00 3.00 2250.00 0.00 0.00
JOO.OOO WITH VALVE
17 10" DIP WATERMAIN LF 24.00 60.00 1440.00 0.00 0.00
)00,000
18 10" GATE VALVE EA 700.00 1. 00 700.00 0.00 0.00
100.000
Subtotal: $ 19,778.00
id Schedule: 5.0 - SITEWORK
1 ABANDON/FILL SANITA..l1.Y LF 15.00 1540.00 23100.00 0.00 0.00
)00.000 SEWER
_ ABANDON SANITARY SEWER EA 1200.00 3.00 3600.00 0.00 0.00
) 0 MANHOLES
.
APPLICATION FOR PARTIAL PAYMENT
GATEWAY BUSINESS DISTRICT
14TH STREET NORTHEAST
BRYI File: 37951-002-8001 4/09/_
Page:
eq. No/ Unit Contract Contract To Date To Date
:nDot No Item Unit price Quantity Amount Quantity Amount
- - ~ - - -- - -- --- -- -- -- ------------ - - - - - -- ---------- --------- ----------- --------- - - - - - - - - - --
3 SODDING SY 2.00 2000.00 4000.00 0.00 0.00
000.000
4 SEED AND ~lULCH AC 1000.00 1. 50 1500.00 0.00 0.00
000.000
5 SILT FENCE I HEAVY DUTY LF 2.50 1000.00 2500.00 0.00 0.00
000.000
6 WOOD FIBER BLANKET SY 2.50 1200.00 3COO.00 0.00 0.00
000.000
7 REMOVE 8" WP,TERMAIN LF 10.00 300,00 3000.00 350.00 3500.00
000.000
8 REt-'lOVE CURB AND GUTTER LF 2.00 450.00 900.00 375.00 750.00
000.000
9 REMOVE EXISTING PAVEMENT SY 1. 00 667.0C 667.00 313.00 313..
000.000
10 POND EXc.rWATION CY 4.00 5647.00 22588.00 4235.00 16940.00
000.000
11 CLE.ORING AC 2250.00 4.00 9000.00 5.20 11700.00
000.000
12 GRUBBING AC 2000.00 4.00 8000.00 5.20 10400.00
000.000
13 RECLAUI CONCRETE CY 7.60 1100.00 8360.00 913.00 6938.80
000.000 FOUNDATION
14 REMOVE & REPLACE RR LS 23402.00 1. 00 23402.00 1. 00 23402.00
000.000 TRACKS
Subtotal: $ 73,943.80
Grand Total: $ 390,339.30
.
.
CITY OF ARDEN HILLS
. MEMORANDUM
DATE: April 13, 1997
TO: Mayor and City Council
FROM: K,,;n mngw.ld, Cn"n","H, Dmlnp"'", m",,", ,f}:-
SUBJECT:
Case #95-J, Antenna location modification
Nextel (tka, One Comm), 1230 Red Fox Road
Request
The applicant is requesting approval to modify the location of their antenna's on the City's Red
Fox Road water tower (Exhibit A).
Discussion
The applicant and the City entered into a lease agreement on April 26, 1995 (Exhibit B) to
facilitate the construction of an antenna array. The lease agreement on in paragraph 6, b (page 4)
states in relevant part: "Tenant may update or replace the Antenna Facilities from time to time
with the prior written approval of Landlord, provided that the replacement facilities are not
. greater in number than the existing facilities and that their location on the leased portion of the
Water Tower is satisfaetory to the Landlord ...".
The existing approval (Exhibit B, pages 18 and 19 of 24) provides for three 15 foot tall whip
antenna's on top of the water tower and three four foot tall sets of three antenna's around the
water tower. The three 15 foot tall whip antenna's currently exist on the eater tower, but the
three four foot tall sets of three antenna's have yet to be installed. The applicant is now
requesting the authority to remove the three 15 foot tall whip antenna's on top of the water tower
and replace them with the three proposed sets of three antenna's, which reduce the number of
antenna's on the tower. However, the three sets of three antenna's would now be on top of the
water tower and would be more visible. Also, three sets of three antenna's are proposed to be
nine feet in height rather than four feet.
The City Council would need to determine if they find this new location and height acceptable.
The City Council may wish to require that these antenna panels be painted the same eolor as the
, water tower to help.th~.tl1 blend in and/or red'-!s~"lhel.).r\ght\lfl!1t)':ll1te:l:lnil:,s,,\)<l~.\Qfourft::~t.
" 'd'., . -,.'.-.-',.....-........'...,.._...,.., .'-,_._....-..',:.,.... _.' '. _.: ..,.:..-. :-....
Previously, the applicant agreed to commence payment to the City for the three proposed sets of
three antenna's even though they were not yet installed. The City has been receiving these
payments ($862.00 per month). The lease also requires the applicant to provide the City with
two ESMR portable or transportable telephones. The City has yet to accept these telephones due
to the high monthly access charge. Given, the nature of the request the City Council may wish to
. request that the applicant waive the monthly access charge for two years.
.
Recommendation
The Staff, in Planning Case 95-1, recommends approval of the requested modification including .
the removal of the three whip antenna's, painting of the three sets of three antenna's to match the
water tower, and provision of two ESMR portable or transportable telephones to the City.
.
.
E-t.r.6IT A '~
. BUELL CONSULTING, INC.
.... 905 Jefferson Avenue. Suite 210 Site Acquisition
Saint Paul, Minnesota 55102-4740 Permitting
.. (612) 225-0792 Site Management
Fax (612) 225-0795
Writer's Direct Line
(612) 225-0793 RECEIVED
March 11, 1998 r.l.D.R 1 2 1998
(m I}( Al\utl'j rtlilS
City of Arden Hills
Attention: Mr. Kevin Ringwald
1450 West Highway 96
Arden Hills, MN 55112
RE: Nexte1's Request for Rearrangement of Antennas
Dear Kevin:
This letter is written on behalf of Nextel Communications (fonnerly knO"ffi as OneComm Corp.).
Nextel would now like to change their antennas on the water tank, which means to remove the three whip
antennas on the top of the tank and replace them with nine panel antennas to be placed on the top of the
. tank. The Lease signed between OneComm and the City on April 26, 1995 provides for the nine panel
antennas; however, Exhibit B to the Lease shows the panel antennas being on the stem of the water tower
instead of the top of the water tower.
As we discussed, paragraph 6 of the Lease contemplates that the antennas may be moved if a new location
is satisfactory to the City. By this letter, Nexte1 is asking the City to please consider allowing Nextel to
attach its nine panel antennas to the top of the water tank on the railing. If this new location for the
antennas is acceptable to the City, then the City and Nextel should execute an Amendment to the Lease
showing the new location of the nine panel antennas. I have enclosed with this letter a proposed draft of
four copies of the Amendment and the new Exhibit B drawings to show the location of the antennas.
If this new location for the antennas is agreeable to the City, please have all four copies of the Amendment
signed and notarized by the Mayor and City Administrator. Please return all four copies to me in the self-
addressed, postage paid, Express Mail pouch. I will have Nextel sign all four copies and return two fully
executed copies to you.
Thank you for your consideration in this matter.
Sincerely,
L/~\LG4
William R. Buell
. Agent for Nextel
Enclosures: Four copies of Amendment with attached Exhibit B dra\vings.
~~ -----.-.--.- -------------
1/(6
.
AMENDMENT NO.1
This Amendment is attached to and made a part of the WATER TOWER LEASE AGREEMENT ("Lease") dated April 25,
1995, by and between Neltel We,t Corp., ti'kla C-Call Corp" a Delaware corporation, d,b.a. Nextel Communications
(hereinafter referred to as "Tenant"). and City of Arden Hills, a Minnesota Municipal Corporation (hereinaft<r referred to as
"Landlord"). A Memorandum ofI.=se ("MOA"), dated April 26, 1995, references the "Lease" and such MOA was filed ofrecord on
November IS, 1996 as document no. 2964172, and v.ith a legal desaiptionof:
North 240ft. of East 150ft. of Northwest 1/4 of&lutheast 1/4 of Section 27, Tov.nship 30 North, Range 23 West,
subject to road.
In case of any inconsistencies between the terms and conditions contained in the Lease and the tams and conditions .
contained herein. the tenus and conditions herein shall control all terms used herein and shall have the same meaning as in the Lease.
Except as set forth below, all provisions of the I.=se remain unchanged and in full fom: and e!fecl
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable
consideration, the receipt and sufficiency of v.mch is hereby acknowledged, the parties agree as follow.!:
The Parties agree to discard the First Exhibit B "Site Plan" and First Exhibit B "&luth Elevation" (attached hereto for
reference) and render them null and void and replace First Exhibit B "Site Plan" and First ExhibitB "South Elevation" with Second
Exhibit B "Site Plan" and Second Exhibit B ''South Elevation" (such Second Exhibit B are attached hereto and made a part hereof).
The reason for this change is to show the revised location ofTenant's panel antennas on the top of the Tower instead of on the sides of
the Tower.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on the _ day of
,1998.
, LANDLORD: City of Arden Hills, ~,Minnesota Municipal TENANT: ,Nexte.l West ~orp.,.,Ok(a,~:",!;:#l...~~J.::,':,.,~,.;~~c~4';:~:~0,,-~,~,' .
,.~-"',,-,-,,.' ,- COIpJration Delaware corporation, d.b.a. Nextel' ,-, .
Communications
By: By:
Date: Date:
Title: Dennis Probst. Its Mayor Title: John C, Shelton, President Midwest Area
TaxID #: Tax ID #: 84-1116272 .
1
By: ~/8
. Dale:
Title: Brian Fritsinger, Its City Administrator
TaxID #:
ALL SIGNATIJRES MUsr BE ACKNOWLEDGED
STATE OF: Minnesota
COlMlY OF: Ramsey
On , before me, , NotJIy Public, personally appeared Denn;. Prob.t.
personally kno,"", to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same In his authoriz<d capacity, and that by his signature on the instrumen~
the person, or the entity upon behalf of which the per.lOIl acted, executed the instrument
WITNESS my hand and official seal.
(SEAL)
NotJIy Public
. My commission expires:
STATE OF: Minnesota
COlMlY OF: Ramsey
On . before me, . NotJIy Public, personally appeared Brian Frium.:er.
personally kno,"", to me (or proved to me on the basis of satisfactory evidence) to be the per.lOIl whose name is subscribed to the within
instrument and acknowledged to me that he executed the same In his authoriz<d capacity, and that by his signature on the instrumen~
the person, or the entity upon behalf of which the person acted, executed the instrument
WITNESS my hand and official seal.
(SEAL)
NotJIy Public
My commission expires:
ACKNOWLEDGMENTS CONTINUED ON NEXT PAGE
.
2
------ ___.__n.___.___
'1(~ ACKNOWLEDGMENTS CONTINUED
STAlE OF : lllinois .
COwrY OF: DuPage
On . before me, . Notary Public, personally appeared John C. Shelton,
personally knov.n to me (or proved to me on the basis o[ satisfactory e"denee) to be the person whose name is subscribed to the ",jthin
instrument and ackno",lcdged to me that he executed the same in his authorized capacity, and that by his signature on the instrument,
the person. or the entity upon behalf o[",mch the person acted, executed the instrument
WInlESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
.
.
3
,
Three groups of three ~
f antennas at Azimuths of 104.,
. 224. and 344.
/ /.EXisting Railing
/
,/. 8
1- [f I /' 5E'(O~ D f_N, IT
I
," , I // I
0-
.... I
A ROE ~I HILLS
I
LOW I,'
CONTROL
LEvEL
INTERNAL LADDER
. L--~
I
I
I NOTE:
PAINT ALL ATTACHMENTS
I TO TOWER rD MATCH
EXISTING PAINT COLOR
I
I
, CLUSTER MOUNT
0
0 BRACKETS 0 J'O' D.C.
HEUAX AND COAX
CABLES ",OUNTED
ON WAvEGUIDE
CLUSTER A TTACH"'ENT
BRACKET
6" CEDER BOARD
MECHANICAL EQUIPMENT
SCREEN
BRICK SHELTER
TO "'A TCH BRICK
OF EXISTING CITY
PUMPHOUSE
ELEV^TIO~ j ~ 7'O.J-'2'O--+
1'10 <3<..\0.. 50'0'
l.:Xl W r.. JtD.a4 -
....n KUla, NA.
.1l1
,- I
SE('oIJO EXM'B'T I
(P(~I 8
N l
4 6' HICH q,
CONIFERS Y' .
PICEA PUNGEN5 ~
I COLORADO SPRUCE
I . .. 20' 5.B,
ONCRETE
S~WER OVERFLOW
EA EIolENT
I
-- Three groups of three
antennas at Azimuths of 104',
224' and 344'
PROPOSED
ONECOMM Existing Railing
SH EL TER I
Ns,W
10 ROAD ~AN OOOR
'"
0
P -<:--",G
0 D.H. DOOR
0 ~i,\\ \l-
f;
/) .
CITY
PUMPHOUSE
\
\ PROPERTY L1NE~
\L
---. -
- 150.00 ---
RED FOX ROAD
ROAD DESIGN
2" MnDOT 2331 TYPE "41" BITUMINOUS WEAR COURSE
6" COMPACTED CLASS 5 BASE 100% CRUSHED MnDOT 313B
B SITE PU.N .
, NO ':;'CA LE'
-
11z:)Q .... rOll ac...4
!nleoq HUb, Wn.
'-6111
..- I
-
n~t' E",hibi~ l3 7~
QOS ....mo..AS
~ "'TDlNA,
loQJlorm TO
PIP( R'"lINC
-,
13"0" ('---(J) 0..., ....moNAS oe 510
-;i5-
,
, f\\)..\\
A ROE ~i HILLS \ · 4
\10\
I
~ow I
C""'Tlla. , I -
LE'<EL
IIHUIlol.l.l.. UDCER
. 000 F\Innoo;: ~""'El. .....mo.. I..lXJ.nCll<s
I
I HOm
PARlCT .&u. ...."~O'1'S
J TQ TC'W(R TQ ""'TQi
OlS1'.o<O ~_ T o::l.oA
I
I
;, I 0J.ISr0l l/OUNT ..
a , I BIIAO:!:TS II .TO" CoCo
I H{!J.lx ...0 COil:
CISU:, ~l'!II .
I ON .. \/ECIJJOI:
CUlSTtII ArTA01WDt r
8lUCXLT
I .
I 8lI'Q<'>~El.n:Il
II J '''~G.JItlE TOIUTOl . N
e.<llCIX D>SllNC ON
PIJI"",O<.lSl; A
I
5,,>..1+\\ 'il~",~+<.....
nrv.n"";i
~/Hi. 2 I 0" 4 ~TC"J--,tC--!
30'0.
l!t:II ... JIt"'C .... .-- &mm
-..-- _KllJlI 1..fIIIrDrf JoIOC~ KCA
, I"'"",-,~
I-- I ~~. aa. "- _.~~......
. -".,......., &.-:- ..........
..,. 1dI'ftI.... - ._a......
. -.- --
-
. - -
~6 ; is .,. "h,.bi+
/11 .... l
' 6' HIQol o.
~a<IF!RS
fl.. CO f'UP,'CO<S ~
COl.ORAOO SPRva: a:l .
Mf 20' s..a.
e: )oj liT
f\ \). '\
~JJ OlolNI ~
NrEIINAS '10,1
PROPOSED
ON ECOlolw
~EL rEll f'U TUllE
PANEL
~? ROAO AI; !'ENN..s
....
0 -~
0
<:, ",,~c.
0 ~~y. COCR
/r~V
orr .
PU"P>1C>.JSE:
I
\ PRO?ERTY UN~
\L
-- 150.00
I 1
.
RED FOX ROAD
ROAO OESTe...
2" IoInCOT 2.331 TYPe: "41. SllUlIlNOUS \'l€,o.fl COURSE:
6" COl.lPACn:O ClASS 5 SASE 1001; CRUSHED loInOOT 3138
EB Srn: Pu">f
. t- ~ ~o'o" Pt.01' PU.N
l.... ... .. ..... .-- r::~ J
--- ........ ..... ....;...0 r ...of ttrn mm .
.....
I-- I [-- I ,.-.-It _
---
. .....-....,
. ... .......,.,~---
---
4Hat;tr (; ~-(
. CITY OF ARDEN HILLS
ONECOMM CORPORATION
WATER TOWER LEASE AGREEMENT
This Water Tower Lease Agreement ("this Lease") is dated the
1st day of February 1995 and entered into this .df.e day of ffp r; J
-, 1995, by and between the CITY OF ARDEN HILLS, Minnesota a
Minnesota municipal corporation with an address of 1450 West
Highway 96, Arden Hills, MN 55112 ( "Landlord" ) and C-CALL Corp.,
a Delaware Corporation, doing business as OneComm Corp. with an
address of 4643 South Ulster Street, Suite 500, Denver CO 80237
("Tenant") ,
In consideration of the mutual undertakings herein
expressed, the parties agree as follows:
l. Dp.finitions. As used herein, the following terms shall
mean:
a. Antp.nna Facilities. Means all equipment, personal
property, including radio transmitting and
. receiving antenna as described on Exhibit HAil
attached.
b. Am/roved Site Plan and SUP. Means the site plan
and Special Use Permit apfroved ~ the Arden Hills
City Council on the 3{)'f day of a"'~o:J' /99'S-
illustrating Tenant's proposed use of the Property
and the required improvements attached as Exhibit
t18" .
c. Commencement Date. Means the date on which the
Landlord issues building permit,
d. Equipment Building. Means a twelve (12) foot by
twenty (20 ) foot brick building which matches the
brick of the existing pump~ouse, as illustrated on
the Approved Site Plan, attached as Exhibit B.
. 1
.
1l1~
e. Pr01;wrty, Means the certain parcel of property
located in the State of Minnesota, County of .
Ramsey, City of Arden Hills, commonly known as
1230 Red Fox Road, Arden Hills, Minnesota 55112.
The legal description of the property is as
follows:
North 240 feet of East 150 feet of Wtl 1\4 of
SE 1\4 (subj to Rd) in Section 27, TN 30, RN
23.
f. \'later Tower. Means the existing City of Arden
Hills \'later Tower located on the Property as
illustrated on the Approved Site Plan and as
further illustrated on Exhibit B attached.
2 . Leased Premises. Subject to the terms and conditions of
this lease, Landlord leases to Tenant and Tenant leases from
Landlord those portions of the \'later Tower and the Property
herein the "Leased Premises'! as illustrated on the \'later Tower
plan illustrated on Exhibit B attached.
3 . ~. The term of this Lease shall be five ( 5) years, ..
starting on the Commencement Date and terminating at midnight on
the fifth annual anniversary of the Commencement Date. Except as
hereinafter provided, Tenant Landlord shall have the right to
extend this lease for four (4 ) additional five ( 5) year terms
subject to all of the terms and conditions of the lease. This
lease shall automatically be renewed for each successive renewal
term unless either party provides (60) sixty days notice of an
intent to terminate the lease or renew the lease with revised
terms.
4. fuill..t. .
a. Upon the Commencement Date, Tenant shall pay Landlord
as ba!;<=;:E,".!'}~ the ,sum of $750.00 permonth,cllle"I1<l"
payaSleon~thenrst clay of each.month, in advance. If
the Commencement Date occurs at a time other than on
the first day of the month, Rent shall be pro rated as
of the Commencement Date through the end of the month
in advance to the City of Arden Hills at 1450 \'lest
Highway 96, Arden Hills, Minnesota.
2 .
.
~/fl
. b. On each five year anniversary of the Commencement Date
of the term of this Lease. The rent'payable by the
Tenant, unless revised as detailed in paragraph three
(3) , will be as follows:
The first five (5) year extension - Eight Hundred
Sixty-two Dollars ($862 ) per month.
The second five ( 5) year extension - Nine Hundred
and Ninety-One Dollars ($991) per month.
The third five (5 ) year extension - One Thousand
One Hundred and Forty Dollars ($1,140)per month.
The fourth five (5 ) year extension - One Thousand
One Hundred and Thirty One Dollars ($1131)per
month.
c. If this Lease is terminated at a time other than on the
last day of the month, Rent shall be prorated as of the
date of termination and, in the event of termination
for any reason other than nonpayment of Rent, all
. prepaid Rents shall be refunded to Tenant. Tenant
shall pay Landlord as additional rent any taxes or
other charges imposed on the Landlord or the Property
as a result of Tenant's use of the Leased Premises.
Additional rental charges shall be paid to Landlord
within IS days of Landlord's written request,
d, Tenant shall provide Landlord, on the later to occur of
thirty (30 ) days following the Commencement Date or
activation of commercial service, with two ESMR
portable or transportable telephones, Said phones
shall become the property of Landlord, including
manufacturer's warranties that apply, Landlord shall
be responsible for the cost of maintenance, recurring
service fees and airtime.
. 3
.
------------.--
~(~
S. ~. Tenant may use the Leased Premises for the
installation, operation, and maintenance of' facilities for .
the transmission and reception of radio communication
signals in such frequencies as be it assigned to Tenant by
the Federal Communications Commission (the "FCC") and for
the storage of related equipment in accordance with the
terms of this Lease. Tenant shall use the leased premises
in compliance with all Federal, State and local laws and
regulations. Landlord agrees to reasonably cooperate with
Tenant in obtaining, at tenant's expense, any Fede!'al
licenses and pe!'mits required fo!' Tenants use of the Leased
Premises.
6. Installation of EauiDmpnt and Leasehold Improvements;
Access; Utilities.
a. Tenant shall have the !'ight at its sole cost and
expense to install, operate, and maintain on the Water
Tower portion of the Leased p!'emises Antenna
Facilities. Tenant's installation of Antenna
Facilities and any subsequent moving of those
facilities shall be done according to plans
approved by Landlord, which approval shall not be .
unreasonably withheld. The .~tenna Facilities shall
remain the exclusive property of Tenant, subject to the
provisions of Paragraph 8 of this lease.
b. Tenant may update or replace the Antenna Facilities
from time to time with the prior written approval of
Landlord, provided that the replacement facilities are
not greater in number than the existing facilities and
that their location on the leased portions of the Water
Tower is satisfactory to the Landlord. Tenant shall
submit to Landlord a detailed proposal for any such
replacement facilities, and any supplemental materials
as may be reasonably requested, for Landlord's
evaluation and approval, which approval shall not be
unreasonably withheld. Any additiqns, alterations, or
deletions of Antenna Facilities shall not alter the
terms and conditions of this Lease and shall meet with
the conditions established in Special Use Permit #95-1..
4 .
.
~(t'f
. c. Tenant shall have the right, at its sole cost and
expense, to install, operate and maintain an equipment
building in accordance with the approved Site Plan.
The Equipment Building shall be constructed in
accordance with the Approved Site Plan. The Equipment
Building and all equipment stored or operated therein
shall remain the exclusive property of Tenant, subject
to the provisions of Paragraph 8 of this lease. No
equipment shall be stored on the property outside of
the Equipment Building,
d. Tenant, at all times during this lease, shall have
vehicle ingress and egress over the Property and access
to the Equipment Building and the Water Tower by means
of the access roads shown on Exhibit B 24 hours per
day, 7 days per week from Red Fox Road.
e. Tenant, at all times during this Lease, shall have
access to the Leased Premises in order to install,
operate, and maintain its Antenna Facilities and
Equipment Building. Tenant shall have access, by
authorized personnel, to the Water Tower portion of the
. Leased Premises only with the prior reasonable approval
of the Landlord after one working day in the event of
an emergency, for which Tenant cannot give Landlord one
working day notice reasonable notice shall be construed
to mean contact, by telephone or otherwise, with the
Ramsey County Sheriff's Department and the Arden Hills
Public Works Superintendent. Tenant shall provide
Landlord with a list of Tenant's authorized personnel.
f. Tenant shall separately meter charges for the
consumption of electricity and other utilities
associated with its use of the Leased Premises and
shall pay all costs associated therewith.
g. Tenant shall provide Landlord with drawings of the
Antenna Facilities and Equipment auilding, which show
the actual location of all equipment and improvements.
Said drawings shall be accompanied by a complete and
detailed inventory of all equipment, personal property,
and Antenna Facilities actually placed on the Water
Tower.
. 5
.
~--
fA 1'"
h, Tenant shall have sole responsibility for the
maintenance, repair, and security of its equipment, .
personal property, Antenna Facilities, and leasehold
improvements, and shall keep the same in good repair
and condition during the Lease term.
~ . Landlord acknowledges that it, and not Tenant, shall be
responsible for compliance with all tower marking and
lighting requirements that may be required by the
Federal Aviation Administration (IIF~n..AII) or the Federal
Communications Commission " (FCC") . Landlord shall
indemnify and hold harmless Tenant and its employees,
officers and directors from any fines, costs and
expenses, or other liabilities, including reasonable
attorney's fees, caused by Landlord's failure to comply
with such requirements. Furthermore, should Landlord
be cited by either the FCC or FAA because this site is
not in compliance and if Landlord does not cure the
conditions of noncompliance within the time frame
allowed by the citing agency, Tenant may terminate this
lease immediately upon notice to Landlord and no
further amounts shall be due and payable by Tenant to
Landlord. .
7. Interference.
a. Tenant's installation, operation and maintenance of its
Antenna Facilities and Equipment Building shall not
damage or interfere in any way with Landlord's Water
Tower operations or related repair and maintenance
activities. Landlord, at all times during this lease,
reserves the right to take any action it deems
necessary, in its sole discretion, to repair, maintain,
alter, or improve the Leased Premises and to
temporarily interfere with Tenant's transmission
operations or remove any of Tenant's personal property,
equipment, or Antenna Facilities as may be necessary in
order to carry out any such activi~ies all at the
Tenant's cost. Landlord agrees to give 30 days advance
notice of any such activities to tenant and to
reasonably cooperate with Tenant to carry out such
activities in a manner that minimizes, to the extent
reasonably possible, such temporary interference.
6 .
.
1 (1'-<
e b. In the event Tenant's transmission operations interfere
with any type of electronic reception or transmission
of other prior users of the property, Tenant agrees to
remedy such interference in accordance with applicable
regulations and standards of the FCC. Tenant "Jarrants
that it shall maintain all of its Antenna FaciE ties in
full compliance with all applicable regulations of the
FCC.
c. Landlord will not grant a lease to any party for use of
the Property, if such use would cause measurable
interference with Tenant's operation of the System,
Any future lease of the Property which permits the
installation of communication equipment shall be
conditioned upon not causing measurable interference
with Tenant's operation of its communications site.
Without limiting any other remedy in law or equity,
Tenant shall have the right to terminate this Lease
upon thirty (30 ) days' written notice in the event its
reception or transmission is interfered with by other
. antenna equipment, or obstacles are constructed or
operated in Tenant's reception or transmission paths.
8. Title To and Removal of Tenant's Equipment. Title to
Tenant's equipment, and all improvements installed at and
affixed to the Leased Premises or Property by Tenant shall
be and shall remain the property of Tenant. Landlord hereby
waives any lien rights it may have or acquire with respect
to such property and shall promptly execute any document,
required by any supplier, lessor, or lender of such property
which waives any lien rights it may have or acquire with
respect thereto. Tenant may, at any time, including any
time it vacates the Leased Premises, remove Tenant's
improvements, equipment, fixtures, and all of Tenant's
personal property from the Leased Premises, but Tenant shall
not be required to remove any structural improvements to the
Water Tower required for the support of' Tenant's equipment,
nor any underground cable or conduit. Upon termination of
this lease, Tenant shall transfer ownership of the Equipment
Building to Landlord.
. 7
.
----.-
----- ---- ----
~,,~
9, Termination. .
a, Except as otherwise provided in this Lease, this Lease
may be terminated by one party upon sixty (60) days
written notice to the other party as follows:
i. By either party upon a default of any covenant or
term hereof by the other party, which default is
not cured within sixty (60 ) days of receipt of
written notice of default to the other party
(without, however " limiting any other rights of
the parties pursuant to any other provisions
hereof) ;
1.1.. By Tenant if it is unable to obtain or maintain
any license, permit, or other governmental
approval necessary for the construction and/or
operation of the Antenna Facilities or the Leased
Premises becomes unacceptable under the Tenant's
design or engineering specifications for its
Antenna Facilities or the communication systems to
which the Antenna Facilities belong;
iii. Upon 180 days notice to Tenant By Landlord if the .
Arden Hills City Council decides, in its sole
discretion and for any reason, to redevelop the
Property and/or discontinue use of or remove the
Water Tower; In such event, if a replacement Water
Tower is constructed or the property is
redeveloped in such a way that will accommodate
Tenant's Equipment Building, Antennas and
appurtances, Tenant shall be allowed to construct
such facilities on the Property under
substantially similar terms as this lease.
iv. By Landlord if it determines, in its sole
discretion and for any reason, that the Hater
Tower is structurally unsound for use as a Water
Tower, including but not limited to considerations
of age of the structure, damage or destruction of
all or part of the Hater Tower or the Property
from any source or factors relating to condition
of the Property; or,
8 .
.
- _.__._------~
r:r~~
v. Upon 60 days written notice by the Landlord, upon
. receipt of a notice that Tenant's insurance
coverages, as required by paragraph 10 of this
Lease, have been cancelled unless Tenant obtains
insurance coverages within such 60 days.
vi. By Landlord or Tenant upon expiration of the Lease
Agreement or any of the renewal terms.
vii. By Landlord for failure by Tenant to pay any rent
required hereunder when due if such failure shall
continue for more than ten (10) calendar days
after delivery to Tenant of Notice of such failure
to make timely payment.
viii. By Landlord and Tenant if they determine by mutual
agreement that the Water Tower is structurally
unsound for Tenant's use for antenna facilities.
b. Upon termination of this Lease for any reason, Tenant shall
transfer ownership of the Equipment Building to Lessor,
remove its equipment, personal property, Antenna racilities,
. and leasehold improvements from the Water Tower and Property
within sixty {60 } days after the date of termination, and
shall restore the Water Tower and the Property to its
original condition as of the commencement date at the sole
cost and expense of the tenant; ordinary wear and tear
excepted. Tenant's obligations to pay Rent shall continue
during such sixty (60) day period.
10. Insurance.
a. Tenant shall throughout the term of the Lease, maintain
Comprehensive Liability Insurance, including
premises\operations coverage, independent contractors
liability, completed operations coverage, and
contractual operations coverage naming Landlord as an
additional insured, protecting and indemnifying
Landlord and Tenant against claims and' liabilities for
injury, damage to persons or property, or for the loss
of life or of property occurring on the Leased Premises
resulting from any negligent act or omission of Tenant,
its employees, agents, contractors and subcontractors.
. 9
.
\O{l,-l
Such insurance shall afford minimum protection of not
less than $1,000,000 for injury to or death.of anyone .
person, $2,000,000 for injury or death of two or more
persons, and $1,000,000 for other damages.
b. Landlord shall maintain in full force and effect
throughout the term of this lease fire and extended
coverage, vandalism and malicious mischief insurance in
an amount equal to the full replacement cost of all
improvements now or hereafter located on Landlord's
Property, excepting Lessee's equipment, personal
property, trade fixtures and tenant improvements.
c. Neither party shall be liable to the other (or to the
other's successors or assigns) for any loss or damage
caused by any cause or hazard with respect to which
insurance is carried pursuant to this Section 10, and
in the event of such insured loss, neither party's
insurance company shall have a subrogated claim against
the other.
d. All policies of insurance obtained by either party
pursuant to this Paragraph 10 shall include a clause or
endorsement waiving the insurer's right of subrogation .
against the other party.
e. Tenant shall provide to Landlord, prior to the
Commencement Date of the Lease terml evidence of the
required insurance in the form of a certificate of
insurance issued by an insurance company licensed to do
business in the State of Minnesota, which includes all
coverages required in Paragraph 10 (a) above and
contains evidence of the waiver of subrogation
contained in Paragraph 10 (d) above. Said certificate
shall also provide that the coverage shall not be
cancelled, nonrenewed, or materially changed without
Sixty (60) days prior written notice to Landlord.
1l. Damaae or Destruction. If the Property ~r the Water
Tower are destroyed or damaged so as, in Tenant's judgement to
hinder its effective use of the Antenna Facilities, Tenant may
elect to terminate this Lease upon Sixty (60) days written notice
to Landlord.
10 .
.
ll111
. 12. Condemnation. In the event the whole of the Pro[Jerty
is taken by eminent domain, the Lease shall terminate as of the
date title to the Pro[Jerty vests in the condemning authority. In
the event a [Jorl:ion of the Pro[Jerty is taken by eminenl: domain,
such that the Leased Premises are no longer usable as a
communication site I:his Lease shall I:erminate as of the date of
title transfer, unless Tenants equi[Jment and im[Jrovements can be
relocated to another [Josition on the Pro[Jerty acce[Jtable to
Tenant and Landlord. In the event of any taking under the [Jower
of eminent domain, Tenant shall not be entitled to any portion of
the award [Jaid for the taking and Landlord shall receive the full
amount of such award, Tenant hereby expressly waiving any right
or claim to any portion thereof. Although all damages, whether
awarded as com[Jensation for diminution in value of the leasehold
or to the fee of the Pro[Jerty, shall belong to Landlord, Tenant
shall have the right to claim and recover from the condemning
aUl:hority, but not from Landlord, such com[Jensation as may be
se[Jarately awarded or recoverable by Tenant on account of any and
all damage to Tenant's business by reason of the taking and for
or on account of any cost or loss which Tenant might incur for
removing or relocating its equi[Jment, personal property, Antenna
. Facilities, and leasehold improvements.
13 . Indemnification. Each party shall indemni fy, hold
harmless and defend the other party from any and all loss,
damage, cost or expense (including attorney's fees) arising out
of the breach of any covenant or warranty made under this Lease
and further, Tenant agrees to indemnify, defend, and hold
harmless Landlord and its elected officials, officers, em[Jloyees,
agents, and re[Jresentatives, from and against any and all claims,
costs, losses, expenses, demands, actions, or causes of action,
including reasonable attorneys' fees and other costs and expenses
of litigation, which may be asserted against or incurred by the
Landlord or for which the Landlord may be held liable, which
arise from the negligence, willful misconduct of Tenant's agents
or employees in the, or performance of this Lease or from the
installation, operation, use, maintenance, repair; removal, or
presence of Tenant's transmission facilities on the Property and
the Hater Tower, and specifically including the representations
and warranties of paragraph 15 of this Lease.
. 11
.
-----
\11\1,'\
The foregoing notwithstanding, nothing herein shall limit the
liability of either party for its own gross negligence or willful .
misconduct, Except for the acts of Landlord and Landlord's
agents or employees Landlord shall not be liable to Tenant for
any loss or damages arising out of personal injuries or property
damage on the Leased Premises. Tenant's obligation under this
Section 13 to indemnify and hold Landlord harmless shall be
limited to the sum that exceeds the amount of insurance proceeds,
if any, received by Landlord. Landlord's obligations under this
paragraph to indemnify and hold Tenant harmless shall be limited
to the greater of the amount of insurance coverage carried for
such liability by Landlord or the statutory limitations of the
Minnesota Municipal Tort Liability Act, but only to the extent
that such amount exceeds the amount of insurance proceeds, if
any, received by Tenant.
14 . Notices. All notices, requests, demands, and other
communications hereunder shall be in writing and shall be deemed
given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
If to Landlord, to: City of Arden Hills
1450 W. Highway 96 .
Arden Hills, MN 55112
ATTENTION: City Administrator
If to Tenant to: OneComm Corporation
643 South Ulster Street
Suite 500
Denver, Colorado 80237
ATTENTION: General Counsel
and:
Paul B. Albritton
Mackenzie & Albritton
One Post Street
Suite 500
San E'rancisco, CA 94101
12 .
. ,
l~(1M
. 15. Pr~sentations and Warrantip-s.
a. Landlord represents that:
i. It has full right, power, and authority to
execute this Lease; and
ii. It has good and unencumbered title of the
Property free and clear of any liens or
mortgages. Landlord warrants that Tenant
shall have the quiet enjoyment of the
Property during the term of this Lease in
accordance with its terms.
16. Assiqnment. Tenant may not assign this Lease without
Landlord's prior written consent, which consent shall not be
unreasonably withheld, but may, without such consent, and so long
as Tenant shall remain liable for the performance of Tenant's
obligations hereunder, assign this Lease in whole or in part; (i)
as security for Tenant's performance of obligations incurred in
order to make improvements to the Leased Premises, or (ii) to any
. entity controlling, controlled by or under commo~ control with
Tenant. Not withstanding the foregoing, Tenant may assign or
sublet its interest in this Lease or may assign or sublet the
Leased Premises, or any portion thereof, without Lessors consent,
to any entity which controls, is controlled by, or is under the
common control with Tenant, or to any entity resulting from any
merger or consolidation with Tenant, or to any partner of Tenant
or to any partnership in which Tenant is a general partner or to
any person or entity which acquires all the assets of Tenant as a
going concern or to any entity which obtains a security interest
in a substantial portion of Tenants assets. Landlord hereby
consents the assignment by Tenant of its rights under this Lease
as collateral security to any entity which provides financing for
the purchase of the equipment to be installed at the Leased
Premises. Any assignment other than in accordance with this
section shall be voidable by Landlord sixty (60) days after
"
Landlord acquires knowledge of such assignment, during ~Ihich
period, Landlord shall have the option to terminate this Lease.
. 13
.
l1{"~
17. Hazardous Subsran~~s. Tenant agrees that it will not
use, generate, store or dispose of any Hazardou5 Material .
(defined Herein) on, underj about or within the Property in
violation of any law or regulation. Tenant represents and
warrants that its equipment, personal property, and Antenna
Facilities, and any of their component parts or byproducts, do
not constitute hazardous wastes or substances under State or
Federal laws. Tenant further represents and warrants that, in
the event of breakage, leakage, incineration, or other calamity,
neither its equipment, personal property, or k~tenna Facilities,
nor any of their component parts or byproducts, would constitute
such hazardous wastes or substances. Lessor represents warrants
and agrees (l) that neither Lessor nor, to Lessor's knowledge,
any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of, any
Hazardous Material on, under, about or within the Property in
violation of any law or regulation, and (2) that Lessor will not,
and will not permit any third party to, use generate, store or
dispose of any Hazardous Material on, under, about or within the
Property in violation of any law or regulation. Lessor and
Tenant each agree to defend, indemnify and hold harmless the
other and other's partners, affiliates, agents and employees
against any and all losses, liabilities, claims and\or costs .
(including reasonable attorney's fees and costs) arising from any
breach of any representation, warranty or agreement contained in
this Section. As used in this Section, "Hazardous Material"
shall mean petroleum or any petroleum product, asbestos, any
substance known by the state in which the Property is located to
cause cancer and\or reproductive toxicity and\or any substance,
chemical or waste that is identified as hazardous, toxic or
dangerous in any applicable federal, state or local law or
regulation.
18. Miscellaneous.
a. Each party agrees to furnish to the other, within
ten (10) days after request, such truthful
estoppel information as the o~her may reasonably
request.
14 .
-
~~~
b. This Lease and the attached Special Use Permit
e constitute the entire agreement and understanding
of the parties, and supersedes all offers,
negotiations, and other agreements of any kind.
There are no representations or understandings of
any kind not set forth herein. Any modification
of or amendment to this Lease must be in writing
and executed by both parties.
c. This lease shall be construed in accordance with
the laws of the State of Minnesota.
d. If any term of this lease is found to be void or
invalid, such invalidity shall not affect the
remaining terms of this Lease, which shall
continue in full force and effect.
e. Tenant agrees to pay Landlord all reasonable
expenses incurred by Landlord in reviewing this
Lease, amendments to the Lease proposed by the
Tenant, or in reviewing any other matters which
require Landlord's review, consent I or approval
. pursuant to the terms of this Lease. The expenses
referred to herein shall be itemized and may
include engineering, legal, and other
administrative expenses, but shall not exceed
$1,000.00 in connection with the City's initial
review or $200.00 in connection with any
subsequent review.
f. Landlord shall not unreasonably withhold or delay
any approvals and consents reserved to it under
this Lease.
g. If Tenant holds over after this Lease has been
terminated, the tenancy shall be month-to-month,
subject to the provisions of this Lease.
h. Any waiver of any right contained in this Lease
must be in writing and signed by the waiving
party.
. 15
.
\'I\,,~
i. The prevailing party in any action or proceeding
brought to enforce this Lease shall be entitled to .
recover its reasonable attorney's fees, costs, and
expenses in connection with such action or
proceeding from the other party.
j . The parties agree to execute a Memorandum of Lease
and\or a Memorandum of Commencement hereof in form
appropriate for recording in the county in which
the Property is situated.
k. Tenant shall be responsible to Landlord for
damages to or additional maintenance of the water
tower resulting from the installation of the
antenna facilities including but not limited to
repainting of areas which are welded, cut or
drilled as part of the installation; Tenant shall
be responsible to Landlord for additional
maintenance or repair costs incurred by Landlord
due to the presence of the antenna facilities on
the water tower; and Tenant shall be responsible
M~~ for restoration of the water tower from damage, if
~ ff'- any~Tenant's antenna facilities are removed from .
~ ~ the water tower and/or replaced by other such
.r facilities belonging to the Tenant. Tenant will
take its own measures to protect its own equipment
when Landlord makes repairs or does maintenance on
the watertower. These measures may include but
are not limited to having tower technicians on
site to take down and re-install or relocate
Tenant equipment that might be damaged during
maintenance or painting. Landlord agrees to give
at least thirty (30) days written notice of any
such activities to Tenant and to reasonably
cooperate with Tenant to carry out such activities
with a minimum amount of interference with
Tenant's transmission operations.
16 .
.
l~
. In witness hereof, the their hands.
LANDLORD:
Pursuant to City
Council authori~tion
granted the ~
day of ~' 1995.
TENANT:
By authorization A
of its the dE3-/-
day of '7Y'r:l !~/' h , 1995.
.
. 17
.
l~~ ['thibi~ ~
.
CPS AHJl)<NAS
O\lNI AN TtNNAS
...Ct.JNrEO TO
PlPE RAJUNG
-,
IJ'O" E---(J) C>>.lNI ANr!NNAS oa 8'0
3)5"
I
.
I
A ROE ~l HILLS
I
LOW I
CON TRa. . , l
LML
INTERNAL unOER
000 F\JTlI~ PANQ. ANT'ENNA LOCAnooS .
I
I Norr:
PAINT .A.l...L. ",rrA01"'ENTS
I TO TO'WER TO LolA TCH
DlSnNG PAINT COlOR
I
I
. I o..uSTER '"'OUN T
!" BRAO<ET> 0 J'O' O.C-
0 ! I
I HQJAX ANO COAX
, CABLE S ..OUN rm
I ON WA\I€CUIOE:
CLUSTER AfTA01MEJH
SRACKET
I
I SRICK SHEl rER
I WAI{(GUIOE TO .YAfOt N
I I 8~OC( ()OsnNC CN
P\J"P110UX: &
I
ElEVA nON~
.1/16- ;:I 10. ! ~TO' ! 12'0..--1
50'0-
\1lCr:l.... he...... .-- 80mm .
...-. ..... .... .......... H",," u.w"'DtT MOt TtCT3 KCA
..,'"
_'_'J1IIOlI[r_
[-<- I I-- I -... -=:JODI ~ -~-
....tl'J"M-.:f\. ~-- ,.......""
~. .1]'""..... .- -.cO_ ,.... IlJI i6..a
. -.- --~
l.. '"' ,~~ ;0 :::.'"' - ~ ,- ,~,...., i ;- ~ ': .- ;. 3 ;-.:; ._' -.;...: ': ~-
- - o~, _
,ch,"bi+ th~
-
. /1j N l
-4 6' HIGH o.
/1 ~ONlfERS !"
ICEA PUNCENS ~
COLORAOO SPRUCE
I ,,~~:, I @@ CONCRETE 20' S.B.
OvtRfLOW
@ ,12, .)
r '.
N
0 ~3) O"'NI
N T'ENNAS
PROPOSEO
ONECOl.ll.l
SHELTER fUTURE
PANEL
NSW AN T'ENN AS
N 10 ROAD
0 w"," OOOR
0
'" ~",G
0 ",i-\l,. ~ H. CO<R
~'<i,:-
)7
. /1
an
PU,"PHOuSE
I
\ PRO?ERTY UNE~
\L
--
\50.00 ---
I I
RED FOX ROAD
ROAD DESICN
2" l.lnOOT 2331 TYPE "-4," BITU!.4INOUS I'l€:AR COURSE
6" CD,"PACTED CLASS 5 BASE 1001: CRUSHED !.4nDOT 3138
EB SITI: P U1I
" \ - ~ 30'0' PLOT PUN
---.. "-- ~J
_Go ....... fllUA ~ r .wtCH ro:rs mm
..,,,.
I-- I I__ I ~...:.:::. -::. -~-
.~'I'I' '"'" ",.
. "". ..1J""l'.- - 0- _ .....
---
----- u
--.-.- --------
,pl1,~ E"h\b;~ B
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS .
SPECIAL USE PERMIT CASE NO. 95-1
The undersigned, Administrator for the City of Arden
Hills(herein "City'" J certifies as follows:
l. That an application for a Special Use Permit was
submitted by C-Call Corp." a Delaware Corporation ( "C-
Call") doing business as OneComm Corp., (herein
II Permi tees II ) requesting that the City issue a Special
Use Permit which will allow the Permittee to install,
operate and place receiving antennas on the roof of the
municipal water tower located at 1230 Red Fox Road in
strict conformance with plans, specifications,
narrative and pictorial descriptions, sketches,
transparencies, planning reports and other
documentation submitted to and filed with the City in
connection with the above referenced Planning Case,
The parcel is located at 1230 Red Fox Road on the
following described real property situated in Ramsey
County, Minnesota, to-wit: .
of NW 1/4 of SE
North 240 feet of East 150 feet
1/4 (subj to RdJ in Section 27, Township, 30,
Range 23, Ramsey County, Minnesota.
2. That such application complied with the City'S zoning
regulations;
3. That the application was reviewed by the City'S
Planning Commission on the 4th day of January, 1995;
and,
4 . That the application, supporting data, and Planning
Commission's recommendations were reviewed by the City
Council on the 30th day of January 1995, at which time
the City Council granted the Special Use Permit which
allows the Permittee, its successors and assigns, to
install, operate and replace receiving antennas subject
to the following conditions:
.
-
E)(hibi+ B
'peeial "ee 'e,m" em '''~l 'age' "In/" ~;.(
. 4.1 The equipment building shall be screened as 11
proposed in the Site Plan and additional trees be
planted as amended on the plan,
4.2 The antennas, panels and mounting brackets shall
all be painted to match the color of the tower.
4.3 No welding shall be done on the water tower tank
or shell without th~ written approval of the City.
4.4 The antennas shall not exceed a height of 16'6"
above the top of the water tower.
4.5 At such time that the side panel antennas are
placed on the tower, the rooftop antennas shall be
removed.
4.6 A lease agreement shall be maintained with the
City of Arden Hills which details rent payments
and other specific requirements of the City. If
at any time, the lease shall be terminated or
. expire, the SUP shall be reviewed and the City may
impose other restrictions or conditions as
warranted including revocation of permit.
5. Any violation by Permittee, its successors or assigns,
of the provisions of this Special Use Permit shall be
deemed a violation of the Arden Hills Zoning
Regulations entitling the City of the various remedies
provided therein.
6. A certified copy of the Special Use Permit shall be
filed by the City Administrator with the Ramsey County
Recorder or Registrar of Titles. If the Subject
Property is torrens, the Permittee shall provide the
City with the Owner's Duplicate Certificate of Title in
order to allow the.City to file a certified copy of
this Special Use Permit.
7. The invalidity of any condition, limitation,
provisions, paragraph, sentence or clause in the Permit
shall not impair or affect in any manner the validity,
enforceability or effect of the remaining provisions of
. the Special Use Permit.
.
E}(~ ~ b rl- B
ecial Use Permit Case ~95-1 Page 3 12/27/94
.
Dated the J {}';h day of :fa J1 , 1995.
,
BY:
RepresentatiVe C-Call Corp.
.
.
.
,
THIS INSTRUMENT WAS DRAFTED BY AND 1 (1Jf
RECORDING REQUESTED BY /I'
AND WHEN RECORDED MAIL TO: . l/
OneComm Corp.
tp South Ulster Street. Suite 500
er, Colorado 80237
: Michaei R. Carper, Esq.
Karth Lake, MN Lease
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is made and entered into as of this Z0day of AJ 11 c ! 19~, by and
between CITY OF ARDEN HILLS, a Minnesota municipal corporation ("Lessor") and C-CALL CORP., a Delaware corporation ("C-
CALL") doing business as OneComm Corp.
WITNESSETH:
That Lessor hereby ieases to C.CALL and C.CALL hereby leases from Lessor a portion of that certain real property in the City
of Arden Hills, County of Ramsey, State of Minnesota, a legai description of which is shown in Exhibit A attached hereto and
incorporated ;eir:!. JY ~rence,...under tile terms and conditions of the unrecorded Lease Agreement by and between Lessor and C4
CALL dated r, 199.2, and Incorporated herein by reference (the "Lease Agreement"), for an initial term of five (5) years,
and four (4) subsequent optional extension terms of five (5) years each, with a term commencement date of no Jater than
, pursuant to the terms of the Lease Agreement. The portion of the real property leased by Lessor to C.CALL is that
portion depicted on Exhibit B attached hereto and incorporated herein by reference. The Lease agreement provides for access and
utility easements during the term of the Lease over Access Areas defined therein and also states, "Any future lease of the Property
which permits the instaliation of communication equipment shali be conditioned upon not interfering with C-CALL's operation of the
Communications Site." AIi of the Lessor's covenants under the Lease are intended to and shali inure to the benefit of C-CALL and its
successors.
IN WITNESS WHEREOF, the parties hereto ~ executed this Lease as of the day and year first above written.
C-CALL CORP., a DelaY'are corpo ration,~~~ CiTY OF ARD/: HILLS, innesota municipal
.'V ), (./ /) corporallo
L~' '#-"d/
i\ , / -., - , By:
Printed Name: ~fi--)I')j r. ,')-r;"""', ;,.}
" ,., , Printed Name: Dennis Probst
Title: /.' '(I (~ I (J~-r'~<!rl!-/f'C.
TI", "7K
By: '/( ,
/ 1/
Printed Name: Brian Fn'fsinger
Title: City Administrator
(:eal)
ACKNOWLEDGMENTS
State of Colorado )
l'" )
County of 't/7U_{ ,,( )
,c,-i~h ~r"-" , ,) /_ .c'
'.j The \foregolng ..tJ1strument was, ?cknowJ~dged before me this :?!..C!. day of I_I II -,' l..:.1..L.. 199~, by
r....~ I Yi/'l/), I /- as .. /, I' (.' t 17~:; 1t:/~/T( , of C-CALl Corp., a Defaware corporation.
I .51h'c',..:/
WITNESS my hand and oHicial seal.
'r")- I') '0"/0
. My commission expires: " I" f.L 1/-" / I, 7 (i
,I ~ / /i
(j V /// '
" I ;. ..J. ,/(U..?) i ,,,,,r; IA'
:)
~\~~ .
ACKNOWLEDGMENTS CONTINUED
State or Minnesota )
) .
County of 1""~11''':;>,.) )
d '
The foregoing instrument was acknowledged berore me this 21/-tiay of ~" " I 199-:'- . by /)..~/1/11 <;: ~""V7'":/~.l-as
,rof, :f;r and as _"~/,il"'j of ('j ;-./ {f f1r'.l.Jt;' rI ( II~.
a ,,0"," ;;J. .r-r.! ,Y'.,Ul,-"j r"J.l f"'.-,/"()~I"'J:t-tl::'n.
.
WiTNESS my hand and officiai seal.
My commission expires: "'~,,~
NOTARY PUBLIC - l,i\",.',SSOP,
'-1'1 Comm :::"C"-:;:): 31;:2000
Notary Public
State or Minnesota )
k,'I."if'1-"J< /1.-:,-- )
County of )
0
r Thi foregol09 instrument was acknowiedged belore me thi'>Cll!"day of t~(l I f" 7'17 'f' ;:0 ~"V',- .,'c
, 199.:2., by r: ,/. :: Ui; as
t ',-f'J (.J, (n,r'fern r:y and as of(',"r-:.' ~,:. P1'",I~I/' j)//I'("-
a~/S--..:.n"....~,..I?..-_ j.d :/: r. ('~:I (),-<',&''''7' t:;~........ ~
WiTNESS my hand and official seal.
My commission expires: ~-- LIANNE M, TOSTENSON
t>.OTAAY PUBLIC - ,"'II~NESOTA
'-1y C~rr.m E.;::,r,HJQ:..2COQ
Notary Public
.
.