HomeMy WebLinkAboutCCP 03-08-1999
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CITY OF ARDEN HILLS
4364 WEST ROUND LAKE ROAD
ARDEN HILLS, MN 55112.5794
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
SPECIAL MEETING, CITY HALL
MONDAY, MARCH 8,1999,7:15 P.M.
7:15 P.M.
7:15 P.M.
7:15 P.M.
7:15 P.M.
7:20P.M.
7:25 P.M.
1.
Call to Order
2.
Approval of Meeting Agenda
3.
Approval of Minutes
a. January 25,1999 Regular Meeting
4.
Unfinished and New Business
a. Indykiewicz Property Acquisition
5.
Miscellaneous Comments
6.
Adjourn
The above times may vary depending upon length of issue discnssion.
PHONE: [6121633-5676 · FAX [6121633-7839
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CITY OF ARDEN HILLS
MEMORANDUM
DATE:
March 5, 1999
TO:
Economic Development Authority (E~ard of Commissioners
Brian Fritsinger, secretaryffreaSur~
Secretaryffreasurer Comments for the March 8, 1999 EDA Meetinl
FROM:
SUBJECT:
1. Approval of Minutes
The Authority is asked to approve the Minutes of the January 25, 1999 Regular Meeting
of the Economic Development Authority (EDA).
2. Unfinished and New Business
a.
Authorization to Purchase In~kiewicz PropertY
The Authority is asked to approve the Purchase Agreement between the City of
Arden Hills and George and Eleanor Indykiewicz, substantially in the form
presented, subject to nonsubstantial changes being approved by the City Attorney
and City Adrninistrator/EDA Secretary; and authorize the President and Secretary
to execute all necessary documentation; subject to conditions.
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MINUTES
CITY OF ARDEN IDLLS, MINNESOTA
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING
JANUARY 25, 1999
7:15 P.M. - ARDEN IDLLS CITY COUNCIL CHAMBERS
CALL TO ORDERlROLL CALL
Pursuant to due call and notice thereof, President Dennis Probst called to order the
Economic Development Authority (EDA) meeting at 7:16 p.m.
Present:
President Dennis Probst, Commissioners Beverly Aplikowski, Gregg
Larson, Paul Malone and Lois Rem.
Absent:
None.
Also present were Executive Director, Kevin Ringwald; Secretary/Treasurer, Brian
Fritsinger; Controller, Terrance Post; and Recording Secretary, Carla Wirth.
ADOPT AGENDA
MOTION:
Commissioner Aplikowski moved and Commissioner Rem seconded a motion to
adopt the agenda for the January 25,1999, Regular Meeting of the Economic
Development Authority. The motion carried unanimously (5-0).
APPROVAL OF MINUTES
A. January 4, 1999 Special Meeting
President Probst requested a correction to page 4, seventh paragraph, first sentence, to
....prepared to support the purchase of the nroposed price. however he believes the City would be
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paymg...
Commissioner Malone requested a correction to page 5, fifth paragraph, third sentence, change to
....was due to a lack of vehicle storage place."
Commissioner Larson requested a correction to page 5, seventh paragraph, second sentence, to
"...],JIlcomfortable since there would be !lll. procedure."
MOTION:
Commissioner Malone moved and Commissioner ApIikowski seconded a motion
to approve the minutes for the January 4, 1999, Special Meeting of the Economic
Development Authority, as corrected. The motion carried unanimously (5-0).
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ARDEN HILLS EDA SPECIAL MEETING - JANUARY 25,1999
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UNFINISHED AND NEW BUSINESS
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A. Authorize to Pursue Acquisition of Railroad Spnr Line and Bridge
Mr. Ringwald explained that the EDA is being requested to authorize Staff to pursue acquisition
of the MT Properties (railroad right-of-way) real estate in the Gateway Business District. He
noted the map which identified the location of that property and other properties constituting the
majority of the developable property remaining in the Gateway Business District. He noted the
Council had previously looked at this property when Welsh Development attempted to purchase
this right-of-way for Phases 2, 3 and 4. At that time, MT Properties decided they did not want to
sell their property even though their staff did support the sale. Because of this, Gateway
Boulevard was relocated to the north and the City has constructed it. As part of the plans, the
alignment was discussed due to a potential connection with the City of New Brighton which has
a large development plan for the northwest quadrant of the intersection as a vehicular connection.
The cities talked about the utilization of the bridge which could be reutilized for a public trail
system to link the two cities.
Mr. Ringwald advised that a survey does not need to be included since Welsh Companies did a
survey by a registered land surveyor when they were attempting to acquire the property. Because
of that, the exact legal boundaries and legal description are already known. Staff would need to
hire an appraiser to determine the fair market value of the property, hire an environmental
consultant to conduct Phase I environmental audit, and consult the City Engineer on issues
related to the bridge over I-35W and the City Attorney on legal matters related to the potential .
acquisition of this right-of-way. Staff requests authorization to commence negotiations for
acquisition of the MT Properties real estate, including the hiring of necessary consultants, in the
total amount for the negotiations not to exceed $15,000, without further EDA action.
President Probst asked about New Brighton's interest in dealing with their property and whether
this can be done simultaneously so the costs can be split between the two cities. Mr. Ringwald
advised that New Brighton is interested in taking ownership of the property west of the center
line and they are pursuing that same negotiation.
President Probst asked what Staff anticipates in terms of activity on the remaining property of
Morris Communications and A TS Steel. He noted there is an agreement with Morris
Communications to support their marketing efforts. Mr. Ringwald advised of his discussions
with various people who are interested in the Morris Communication property and issues with
the redesign of the Highway 96 and Round Lake Road intersection. He noted that starting
construction on the intersection this spring will answer a lot of those questions.
Commissioner Larson noted there is no building value assigned and asked what value is assigned
to the bridge. Mr. Ringwald stated the bridge is apparently owned by MnDOT, and MT
Properties believes that they only have the right to utilize the surface, which would be transferred
to the City. He advised that Staff will follow up with the lineage of the bridge.
MOTION:
Commissioner Malone moved and Commissioner Aplikowski seconded a
motion to authorize Staff to commence negotiations for acquisition of the MT
Properties (railroad right-of-way) real estate in the Gateway Business District
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ARDEN HILLS EDA SPECIAL MEETING - JANUARY 25,1999
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(GBD), including the hiring of necessary consultants, in a total amount for the
negotiations not to exceed $15,000, without further action by the EDA. The
motion carried unanimously (5-0).
MISCEI,LANEOUS ITEMS
President Probst commented on the land value of the Vaughan property which he believes is
rather low and suggested an inquiry to Ramsey County regarding the value.
Mr. Ringwald explained that the development activities of Gateway property has increased the
valuations and per square footage costs. He stated that it may be that Ramsey County has not
reviewed that property yet but Staff will work for the City to get the largest return on their dollar.
ADJOURN
MOTION:
Commissioner Aplikowski moved and Commissioner Larson seconded the
motion to adjourn the meeting at 7:35 p.m. The motion carried unanimonsly (S-
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Dennis Probst
President
Brian Fritsinger
Secretary-Treasurer
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CITY OF ARDEN HILLS
ECONOMIC DEVELOPMENT AUTHORITY
MEMORANDUM
DATE:
March 8, 1999
TO:
EDA President and Board of Commissioners
Ji:
Kevin Ringwald, Executive Director
Purchase Agreement for Round La e dlHighway 96 intersection
(Indykiewicz property)
FROM:
SUBJECT:
Requested Action
The EDA is being requested to approve the purchase agreement for the entire Indykiewicz parcel
at 1920 Highway 96 (Exhibit A).
Backl!:round
The EDA at its January 4,1999, meeting authorized the Staff to hire a consultant to conduct a
Phase I environmental analysis of the property. Additionally, the EDA authorized the City
Attorney to prepare a purchase agreement for the entire Indykiewicz parcel (1920 Highway 96)
for a price not to exceed $1,150,000.00 (excluding dirt and fixtures), subject to the following:
1. Stable soils and no environmental contamination.
2. Approval ofthe purchase agreement by the EDA.
Phase I Environmental Assessment
The Staff hired the consulting firm of Pro Source Technologies to conduct the Phase 1
Environmental Assessment on the Indykiewicz property. ProSource Technologies has been
working towards completion of the Phase I, on March 10, 1999. The Staff discussed the Phase I
with the consultant on March 5, 1999, and was informed that, based on current information, they
did not anticipate anything major to come up in the report.
Purchase Al!l'eement
The following summarizes the acquisition costs, per the purchase agreement (Sections 2.1, 2.2,
and 2.4):
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Indykiewicz Purchase Agreement
Page Two
March 8,1999
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1. Black Dirt. The purchase agreement in Section 2.3, provides for three methods in which
the price for the black dirt will be resolved. The first (Section 2.3, A) allows the
Indykiewicz's the ability to sell off the dirt prior to closing. The second (Section 2.3, B)
allows the parties to come to a negotiated price for the dirt within 30 days of the closing.
Lastly, the third (Section 2.3, C) provides for binding arbitration, if the first two methods
fail to achieve positive results.
The property owner has stated that the black dirt is worth $210,000.00 (35,000 cubic
yards x $6.00/cubic yard). The Staff currently estimates that approximately 20,000 -
30,000 cubic yards of black dirt is in surficial piles. The owner has stated that
approximately six (6) feet on black dirt exists below these piles. The Staff, in
coordination with Glenn Rehbein Companies and George Indykiewicz, dug several test
pits on the property to determine the depth of material. These test pits revealed that two
(2) to four (4) feet of material exists below these piles. Therefore, at this point in time the
35,000 cubic yard estimate would appear to be high. The Staff is working with the City
Engineer to come up with a revised number on the amount of black dirt on the site.
In calling around to find out the market rate for black dirt, Staff found that most black dirt
brokers were willing to buy black dirt for $2.00 per cubic yard delivered, not in place. .
The in place price ranged from $.50 to $1.00 per cubic yard. Obviously, this is
dramatically, less than the $6.00 per cubic yard (in place) placed on it by the
Indykiewicz's.
2. Hazardous Substances. The Indykiewicz's in Section 7.9 represent numerous items
related to the storage or discharge of hazardous substances.
3. Closing Date. Per Section 8, the closing date is scheduled for Wednesday, March 10,
1999.
4. Possessiou. Per Section 22, the seller is allowed to retain possession of the residential
dwelling until, April 7, 1999. Essentially, this allows the Indykiewicz's thirty (30) days
to move from the property.
Budl!et Impact
The Staff previously identified the "Up front funding" of this expenditure as the preferred
method. Under the Upfront funding scenario, the City would front 100 percent of the project
costs until such time that Ramsey County reimbursed the City. Under this scenario, the Staff
would recommend the following the utilization of Funds 704 (TIF Bond proceeds) and if
necessary Fund 501 (PIR) for the acquisition.
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Indykiewicz Purchase Agreement
Page Three
March 8, 1999
Recommendation
Approve the Purchase Agreement (Exhibit A) between the City of Arden Hills Economic
Development Authority and George and Eleanor Indykiewicz, substantially in the form
presented, subject to nonsubstantia1 changes being approved by the City Attorney and the EDA
Secretary (City Administrator); and authorize the President and the Secretary to execute all
necessary documentation, subject to conditions.
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PURCHASE AGREEMENT
THIS AGREEMENT, made on or as of the day of, , 1999; by
and between George Indykiewicz and Eleanor Indykiewicz, husband and wife; George and
Eleanor Indykiewicz Limited Partnership, a Limited Partnership under the laws of Minnesota
(all aforementioned parties herein collectively "Seller"); and The Economic Development
Authority of the City of Arden Hills, (the "Purchaser").
In consideration of the mutual covenants and undertakings contained herein and in
satisfaction of the payment of any amounts which may have been due Seller in the event of the
acquisition of Seller's real property, business equipment and black dirt by condemnation, the
parties agree as follows:
1. Sale and Purchase of Property. Seller agrees to sell, and Purchaser agrees to
purchase, certain property situated in the City of Arden Hills, County of Ramsey, State of
Minnesota, consisting of:
1.1 certain land legally described on Exhibit A, attached and incorporated herein,
together with all the appurtenant rights, miner rights, privileges, and easements
belonging thereto (collectively the "Land");
1.2 all buildings, structures, and other improvements located on the Land as well as
all non-commercial fixtures located therein and thereon (collectively the
"Improvements");
1.3 all items of machinery and equipment, rolling stock, office furniture and
miscellaneous items described on Exhibit B, attached and incorporated herein
(collectively "Business Equipment").
1.4 a stock pile of black dirt located on the land ("Black Dirt").
The Land and Improvements are hereinafter collectively referred to as the "Real Property".
2. Relocation Benefits and Purchase Price. Purchaser agrees to pay Seller as
Relocation Benefits and for the purchase of the Real Property, Business Equipment and Black
Dirt in the following manner:
2.1 Real Prooertv: The portion ofthe Purchase Price attributable to the Real Property
shall be $1,065,100.00 payable by certified check on the date of closing.
2.2 Business Eauioment: The portion of the Purchase Price attributable to the
Business Equipment shall be $148,400.00 and shall be payable by certified
check on the date of closing.
2.3 Black Dirt: The portion of the Purchase Price attributable to the Black Dirt
shall be determined in the following manner:
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A.
Interim, Sale/Calculation. Seller may remove dirt from the land prior to .
the date of closing but shall document the amount removed. Purchaser
may not remove dirt from the land prior to closing and prior to calculation
of the volume of the dirt which is stock piled on the land.
B. Negotiated Purchase Price: Upon execution of this Agreement, the
parties shall have thirty (30) days to negotiate the Purchase Price for the
Black Dirt. Purchase shall pay Seller the Negotiated Purchase Price upon
Seller's satisfaction of the contingencies referenced in Section 12 hereof.
C. Arbitrated Purchase Price: Itthe purchase price for the Black Dirt is not
determined pursuant to the provisions of Section 2.2 (B), it shall be
determined by submitting the valuation issue to binding arbitration
pursuant to the Rules of the American Arbitration Association. Purchaser
shall pay the Seller the arbitrated purchase price upon Seller's
satisfaction of the contingencies referenced in Section 12 hereof.
2.4 Relocation Benefits. The Purchaser shall pay the following Relocation Benefits
by certified check on the day of closing:
Total
$ 7,500.00
$64,900.00
$20.000.00
$92,400.00
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Moving Expense.
Replacement Housing Allowance.
Business Relocation Fixed Payment
3. Title. Prior to the Closing Date, Purchaser shall obtain, at Purchaser's expense,
a commitment for an owner's title insurance policy (ALTA Form 1990) issued by a title
insurance company acceptable to the Purchaser (the "Title Company"), naming Purchaser as
the proposed owner insured of the Real Property in the amount of the purchase price for the
Real Property (the "Commitment"). The Commitment shall have a current date as its effective
date and shall commit to insure marketable title in Purchaser, free and clear of all mechanics'
lien claims, questions of survey, unrecorded interests, rights of parties in possession or other
exceptions. The Commitment shall set forth all levied real estate taxes and special assessments
and shall contain such endorsements as Purchaser may require. Said commitment shall have
attached copies of all instruments or record which create any easements or restrictions which
are referred to in Schedule B of the title commitment. Together with the Commitment,
Purchasershall obtain Uniform Commercial Codesearchesagainstthe Business Equipmentand
Black Dirt evidencing that the Business Equipment and Black Dirt are not subject to any
financing statements or security interests (the "Searches"). Purchaser will be allowed after
receipt of the Commitment, the Searches, and the Survey (as hereinafter defined) an
examination thereof and to make any objections to the marketability of the title to the Real .
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Property or Business Equipment and Black Dirt, said objections to be made by written notice
within ten (10) days or be deemed waived.
If the title to the Real Property, Business Equipment and Black Dirt, as evidenced by
the Commitment, Survey, and Searches together with any appropriate endorsements and
updated Survey and Searches, is not good and marketable of record in Seller and is not made
so by the Closing Date, Purchaser may either:
3.1 Terminate this Agreement by giving written notice to Seller in which event this
Agreement shall become null and void and neither party shall have any further
right or obligation hereunder; or
3.2 Elect to accept the title in its unmarketable condition by giving written notice to
Seller, in which event Purchaser shall hold back adequate funds from the portion
of the Purchase price payable at the closing to cure the defects and apply said
hold back funds for the cost of curing such defects, including reasonable
attorneys' fees, and pay the unexpended balance to Seller.
4. Survey. Purchaser acknowledges that it has already obtained, at its cost, a
survey for the land and that it shall be responsible for updating the survey as Purchaser deems
appropriate.
5. Documents to be Delivered by Seller. Seller shall promptly obtain and deliver
to Purchaser all ofthe following, which Seller possesses, certified by Seller as full, true, correct
and complete:
5.1 All plans, specifications, blueprints, operating manuals, licenses, and other
information pertaining to the Real Property, Business Equipment and Black Dirt
which are in the possession, or under the control, of Seller.
5.2 Copies of all certificates and policies of insurance held by Seller with respect to
the Real Property, Business Equipment and Black Dirt.
5.3 Copies of all permits or authorizations required to be issued by any governmental
body having jurisdiction in connection with any state of facts or activity presently
existing or being carried on with respect to the Real Property.
5.4 Copies of all warranties and guaranties which pertain to the Real Property,
Business Equipment and Black Dirt or any portion thereof.
Seller agrees that Seller shall, at Seller's sole expense prior to the closing date on the
Real Property and prior to the final payment on the Business Equipment and Black Dirt, effect
the absolute termination of, and the payment of all amounts owing under, all contracts and
agreements affecting the Real Property, Business Equipment and Black Dirt.
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6. Inspection. At Purchaser's expense, Purchaser, its agents and designees, are
hereby granted the right at any reasonable time or times after the date hereof to inspect and
conduct environmental audits on the Real Property. Purchaser shall hold Seller harmless from
any liability resulting solely from the entering upon the Real Property or the performing of any
of the tests or inspections referred to in this Section 6 by Purchaser, its agents or designees but
not from liability resulting from the presence or discovery of Hazardous Substances (as
hereinafter defined) on the Real Property.
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as follows:
Covenants and Warranties of Seller. Seller covenantsand warrants to Purchaser
7.1
Ownershio of Real Prooertv, Business Eauioment and Black Dirt. Seller is the
owner of good, marketable, and insurable fee title to the Real Property free and
clear of all title defects, options, rights of first refusal, easements, restrictive
covenants, encroachments, survey defects, restrictions or limitations on the Real
Property, liens or encumbrances except for the Loans, as described below,
easements of record, and Leases; and Seller is the owner of good title to the
Business Equipment and Black Dirt free and clear of all lien interests therein or
claims thereto.
7.2 Certain Loan Documents. There are no notes, bonds, mortgages, deeds of trust,
collateral security documents and other related documents executed and/or
delivered by Seller and/or other parties in connection with any and all secured
financing (the "Loans") encumbering, or otherwise affecting, all or any portion of
the Real Property or all or any portion of the Business Equipment and Black Dirt,
except as set forth on Exhibit C. All Loans shall be paid and satisfied by Seller
at or prior to the Closing Date on the Real Property and at or prior to the date of
final payment for the Business Equipment and Black Dirt.
7.3 Encroachments. There are no encroachments upon any of the Real Property and
no portion of any Improvement encroaches upon any property not included
within the Real Property, or upon the area of any easement affecting the Real
Property .
7.4 Real ProoertvTaxes. Attached hereto, as Exhibit D, is a copy of the current real
estate tax statement for the Real Property. Seller does not have any knowledge
of any pending or contemplated reassessment of the Real Property.
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7.5 Insoection of Premises. From and after the date hereof Purchaser shall be
entitled to free and complete access upon reasonable notice and during
reasonable business hours to information pertaining to the Real Property,
Business Equipment and Black Dirt, including any and all business records and
operating statements pertaining to the Real Property in the hands of Seller and
Seller.s managing agent, if any, and Seller and the managing agent, if any, shall .
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7.6
7.7
7.8
cooperate with Purchaser in the examination of such information and in the
transition of ownership of the Real Property, Business Equipment and Black Dirt.
Change of Ownership. From the date hereof Seller agrees to enter into no leases,
material agreements, or contracts, and to incur no major expenses relating to the
Real Property, Business Equipment and Black Dirt prior to the Closing Date
without Purchaser's prior written consent.
Mechanics' and Other Liens. Seller does not owe money to any architect,
contractor, subcontractor or materialman for labor or materials performed,
rendered or supplied to or in connection with the Real Property. There is no
work being done at or materials being supplied to the Real Property at the date
hereof.
Real PropertY Taxes. Seller has paid all real estate taxes on the Real Property
due and payable through 1998.
7.9 Hazardous Substances. Seller does not currently use the Real Property for
disposal or storage of any Hazardous Substance (other than those identified on
Exhibit B or those occurring on the site as the result of operations conducted on
the TCCAP site) and Seller has no knowledge of any noxious, toxic, hazardous,
unsafe or environmentally unsound materials, substances, wastes or Hazardous
Substances (as hereinafter defined) in, at, under or on the Real Property whether
there by intent, spill, release, discharge, disposal, storage or any other means.
Seller has not received any notice from any government agency, board,
commission, authority or any other entity, and is not a party to any legal or
administrative action or proceeding, concerning or relating in any way to the
spill, release, discharge, transportation, disposal, storage or presence of
hazardous or regulated substances or wastes in, at, under, on, or concerning the
Real Property, including any pending, or contemplated search or investigation
of the Real Property or any portion thereof with respect thereto. Any hazardous
substances previously stored on the Real Property and the containers in which
such substances were stored have been disposed of in compliance with
applicable federal, state and local regulations. Seller has no knowledge of any
activity on the Real Property which would subject any owner or operator thereof
to damages, penalties, injunctive relief or costs or remediation or cleanup under
any federal, state or local law. For the purposes of this Agreement, the term
"Hazardous Substance means that and/or similar terms as defined in Section
104(14) of the Comprehensive Environmental Response, Compensation a
Liability Act of 1980, and as amended, 42 U.S.C. Sec. 9601 et seq. (14), and
Section 2(8) of the Minnesota Environmental Response and Liability Act, and as
amended, Minnesota Statutes Sec. 115B.02(8), and includes the term
"regulated substance" as defined in Section 9001(2) of the underground Storage
Tank Act, and as amended, 42 U.S.C. Sec. 6991(2) and the term "hazardous
waste" as defined in Section 1004(5) of the Resource Conservation and
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Recovery Act, and as amended, 42 U.S.C. Sec. 6903(5), and includes all
regulations issued pursuant to any of the above statutes, and any unsafe,
noxious, toxic or hazardous substance or similar terms under any other state,
federal or local law, and any other applicable environmental, land use or similar
act, statute, ordinance or regulation or as alleged or determined under common
law. The term "Hazardous Substance" includes asbestos and related substances,
PCBs, and gasoline, kerosene and all other liquid or viscous petroleum products.
Seller has complied and caused the Real Property to comply with all laws,
ordinances, rules, regulations, and authorities having jurisdiction over Seller, the
Real Property and the use by Seller of the Real Property, relating to any
Hazardous Substances or material.
7.10 Business Eauioment. Business equipment is in the same working order as when
viewed and inventoried by the City's appraiser.
8. Closing. Subject to the conditions contained herein, the closing shall take place
on or before the 10th day of March, 1999 (the "Closing Date") unless otherwise mutually
agreed upon in writing by the parties. The closing shall take place at the offices of Peterson
Fram & Bergman, P.A. or at such other place as is mutually agreeable. At the closing, Seller
shall deliver to Purchaser:
8.1 A Warranty Deed for the Real Property, properly executed on behalf of Seller in
recordable form.
8.2 All certificates, instruments and other documents necessary to permit the
recording of the Warranty Deed.
8.3 A Bill of Sale for the Business Equipment and Black Dirt properly executed on
behalf of Seller, conveying the Business Equipment and Black Dirt to Purchaser
with warranty of title thereto, such Bill of Sale to be properly executed on behalf
of Seller and subject to no exceptions or encumbrances. The parties
acknowledge that the Bill of Sale for the black dirt shall be provided upon
completion of negotiations or arbitration as referenced in Section 2.3 of this
Agreement.
8.4 A standard Seller's Affidavit with respect to judgments, bankruptcies, tax liens,
mechanics liens, parties in possession, unrecorded interests, encroachment or
boundary line questions, and related matters, properly executed on behalf of
Seller.
8.5 Originals, to the extent that the same are in Seller's possession, or subject to
Seller's control, of all documents referred to in Section 5 above.
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8.6 An affidavit of Seller in form and content satisfactory to Purchaser stating that
Seller is not a "foreign person" within the meaning of Section 1445 of the
Internal Revenue Code.
9. Taxes, Assessments and Utility Charges. Seller shall pay all real estate taxes
payable prior to the year of closing. Real estate taxes due and payable in the year of closing
shall be prorated as of the date of closing on a daily basis.
Seller shall pay all special assessments levied or pending as of the date of closing.
All utility charges shall be prorated as of the date of closing.
10. Income and Expenses, Possession. Seller agrees to deliver possession of the
Real Property, Business Equipment and Black Dirt to Purchaser on the Closing Date. All
income and expenses shall be pro rated and adjusted as of the Closing Date.
11. Insurance. Seller hereby agrees that until the Closing Date it will keep the Real
Property insured against loss due to fire and other causes as are covered by "extended coverage'
insurance and that until the date of the final payment, it will keep the Business Equipment and
Black Dirt insured against loss due to fire and other causes as are covered by "extended
coverage" insurance. Such insurance shall be issued by an insurer authorized to issue
insurance in the State of Minnesota and shall be in an amount equal to the full insurable value
of the Improvements, Business Equipment and Black Dirt, based on current replacement cost.
12. Contingencies. Notwithstanding anything to the contrary contained in this
Agreement, the consummation of this Agreement and the closing provided in paragraph 8
hereof is hereby expressly conditioned upon Purchaser receiving assurances satisfactory to
Purchaser, in Purchaser's sole discretion, that:
12.1 Accuracv of Reoresentations and Warranties. The representations and
warranties of Seller contained in this Agreement shall be true in all material
respects on and as of the Closing Date with the same force and effect as though
made on and as of the closing Date (Le., a representation that a state of facts
exists on or as of the date hereof shall be deemed to be a representation that
such state of fact exists on or as of the Closing Date, and a representation that
a state of facts has or has not changed between a date prior to the date hereof
and the date hereof shall be deemed to be a representation that such state of
facts has or has not changed between such prior date and the Closing Date),
except as affected by transactions contemplated hereby and except to the extent
that any such representations or warranties which were made as of a specified
date shall have been true on and as of such date.
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12.2 Performance of Agreement. Seller has performed all obligations and agreements
and conditions contained in this Agreement on Seller's part to be performed or
complied with at or prior to the Closing Date.
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12.3 Environmental Audit. Purchaser's receipt of an Environmental Audit indicating
that the Real Property is free of hazardous substances except as noted in Section
7.9 hereof, and can be used for the purposes intended by the Purchaser.
If the contingencies set forth in Sections 12.1 and 12.2 are not satisfied, Purchaser
shall have the right to terminate this Agreement by giving written notice of termination to Seller
on or before the Closing Date and this Agreement shall be null and void; neither party shall
have any further rights, obligations, or liability hereunder; and the earnest money shall be
refunded to Purchaser. If the contingency set forth in Section 12.3 is not satisfied, Purchaser
shall have the right to terminate this Agreement by giving written notice of termination to Seller
on or before the Closing Date and this Agreement shall be null and void; neither party shall
have any further rights, obligations, or liability hereunder.
13. Risk of Loss. Risk of loss to the Real Property, Business Equipment and Black
Dirt prior to the time of closing shall remain in Seller. In the event that, prior to the time of
closing, the Real Property, or any material interest therein, or any material portion thereof, is
damaged or destroyed, Purchaser may, at its option, terminate this Agreement by written notice
to Seller whereupon this Agreement shall be null and void and neither party shall have any
further rights, obligations, or liability hereunder. In the event of destruction or any damage to
the Real Property, or any interest therein, or any portion thereof, Seller agrees to fully inform
Purchaser regarding any insurance providing coverage with respect thereto or insurance
proceeds recoverable on account thereof, and Seller shall, if this Agreement is not terminated
on account thereof, assign to Purchaser its rights to any such insurance proceeds.
.
14. Information. Seller agrees that it will, on or before the Closing Date, deliver to
Purchaser all of its files relative to the maintenance and operation of the Real Property. Seller's
obligations under this paragraph shall continue beyond the Closing Date and Seller shall at any
time and from time to time furnish Purchaser with any information within the control of Seller
reasonably requested by Purchaser and pertaining to the ownership, operation and
maintenance of the Real Property, Business Equipment and Black Dirt.
15. Indemnity. Seller warrants and represents that it will indemnify and save
Purchaser harmless from any loss, cost, or expense suffered or incurred by Purchaser, including
reasonable attorneys' fees, arising out of, related to, or in any way connected with, a breach by
Seller of its obligations, warranties, representations or agreements under this Agreement.
Purchaser warrants and represents that it will indemnify and save Seller harmless from any
loss, cost, or expense suffered or incurred by Seller, including reasonable attorneys' fees, arising
out of, related to, or in any way connected with, a breach by Purchaser of its obligations,
warranties, representations or agreements under this Agreement.
.
8
.
.
.
.
16. Notices. All documents to be delivered and all correspondence and notices to
be given in connection with this Agreement shall be in writing and given by personal delivery
or sent by registered or certified mail, return receipt requested, postage repaid, addressed as
follows:
If to Purchaser:
Brian Fritsinger, City Administrator
City of Arden Hills
4364 W. Round Lake Road
Arden Hills MN 55112
If to Seller:
George and Eleanor Indykeiwicz
1920 Highway 96
Arden Hills MN 55112
Each such mailed notice or communication shall be deemed to have been given to or served
upon, the party to whom it is addressed on the date the same is deposited in the United States
mail, postage prepaid, properly addressed in the manner above provided. Either party hereto
may change such party's address for the service of notice hereunder by written notice of said
change to the other party hereto, in the manner above specified ten (10) days prior to the
effective date of said change.
17. Assignment. This Agreement shall be binding upon and inure to the benefit of
each of the parties hereto, their respective successors and assigns.
18. Commissions. Seller warrants and represents that it has dealt with no realtor or
broker in connection with this transaction and will indemnify, defend and hold harmless
Purchaser against any claim made by an agent or broker for a commission or fee based on acts
or agreements of Seller. Purchaser warrants and represents that it has not dealt with a realtor
or broker in connection with this transaction and that it will indemnify, defend and hold
harmless Seller against any claim made by an agent or broker for a commission or fee based
on acts or agreements of Purchaser.
19. Survive Closing. All of the covenants, warranties, and provisions of this
Agreement shall survive and be enforceable after the closing of this transaction.
20. Complete Agreement. This is a final Agreement between the parties and
contains their entire agreement and supersedes all previous understandings and agreements,
oral or written, relative to the subject matter of this Agreement.
21. Time of the Essence. Time is of the essence in the performance of this
Agreement.
22. Possession. Seller shall be allowed to retain possession of the residential
dwelling on the land until April 7, 1999. Seller agrees to notify Purchaser if Seller vacates the
residential dwelling prior to April 7, 1999.
9
,
23. Captions. The paragraph headings or captions appearing in this Agreement are .
for convenience only, are not a part of this Agreement, and are not to be considered in
interpreting this Agreement.
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf by its duly authorized representatives, and the Seller has caused this
Agreement to be duly executed in its name and behalf by its duly authorized representatives
on or as of the date fi rst above written.
Seller(s):
<5
Eleanor Indykiewicz
.
Bfl'DlE'I J. GUNK \
_.........~
11EI1811 Cl)UllTY
..C . __11.11IIO.
Seller (s):
, ...
~
A artner, George and Eleanor
~-
Indykiewicz Limited P. rtnership ,
\
.
~J.GUNN 1
1IllDIl'~
lilt ~:"'.IlIl.$I.tOOO .
STATE OF MINNESOTA
,
)
(ss
)
r
COUNTY OF
(- The foregoing was acknowledged before me
\ /this.s!:: day of /tIIAreA. , 1999, by George
Indykiewicz and Eleanor Indykiewicz, Husband and
Wife. ~ ~
NOt:J~UbIiC
.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
) The foregoing was acknowledge before me
this Sf'" dayof ;\'\arz..k .1999, by
~fL U'(f/Co.Ac't.. who represented that he/she
is a partner In the George and Eleanor Indykiewicz
Limited Partnership
~~
.
10
,
.
.
.
Purchaser(s):
By:
Dennis Probst, Mayor, City of Arden
Hills
By:
Brian Fritsinger, City Administrator
City of Arden Hills
F:\users\HULDA\Jerry\lndykiewltz-PA.wpd
March 3,1999 (4:40PM)
STATE OF MINNESOTA )
(SS
COUNTY OF )
The foregoing was acknowledged
before me this _, day of ,
1999, by Dennis Probst and Brian
Fritsinger, the Mayor and City
Administrator, respectively, of the City of
Arden Hills, a Minnesota municipal
corporation, on behalf of the corporation.
Notary Public
11
EXHIBIT A
LEGAL DESCRIPTION OF LAND
Parcell:
The North 256.5 feet of the NW1/4 of the NW1/4 of Section 21, Township 30, Range 23,
subject to highways and except the west 1,193.07 feet and except the East 60 feet thereof.
Parcel 2:
The East 240 feet of the West 1,193.07 feet of the North 256.5 ofthe NW1/4 of Section 21,
Township 30, Range 23, subject to highways and gas pipe line easements.
Parcel 3:
That part of the N1/2 of the NW1/4 of the NW1/4 of Section 21, Township 30, Range 23,
lying East of U.S. Pipe line easement, subject to highways and easements and except the north
256.5 feet West of the East 60 feet thereof.
Parcel 4:
All that part of the NW1/4 of the NE1/4 of the NW1/4 of Section 21, Township 30, Range 23,
lying westerly of United States Government Property, subject to State Trunk Highway #96 and
subject to United States Government easement, all according to the United States Government
survey thereof.
,
.
.
.
,
.
.
.
EXHIBIT B
Business Equipment
Exhibit B consists of this cover page and three (3) pages containing the inventory of Business
Equipment.
1
Brighton Excavating Company
1920 Highway 96
A..den Hills, Minnesota 55112
RoIling Stock and Machinery & Equipment = $148,400
RoIlin1! Stock and Machine,'y & EQuipment - December 22, 1998
# of items EQuipment Type Description
1 Rolling Stock 1979 GMC dump truck - 17cy dump box
I Rolling Stock 1979 Dresser Model # 175C
I Rolling Stock 1972 Dresser Model # l75B
1 Rolling Stock 1976 Power screener 100 yards/hour
I Rolling Stock 1979 Lindig pulverizer Model #75, 75 vards/hour
I Rolling Stock 1989 O&E loader Model # 1500Z
_. 1 Rollin? Stock J 986 Hanu 10 yard pup trailer
I Rolling Stock 1989 Load King flat bed trailer, 24 feet, 40,000#
I Rolling Stock Semi Storage Trailer
1 Rolling Stock 1965 Chevy Truck w/metal water tank
1 Rolling Stock 1966 Chevv C60 dump truck w/1 Ocy box
I Rolling Stock 1986 Dodge Pickup w/plow assembly & dump box
1 Rolling Stock 1948 Ford Tractor, Model 8N
I M&E Onan Starter Unit
I M&E Steam Cleaner w/oil burner
1 M&E Buck saw attachment for Ford Tractor
2 M&E Large wood & metal benches w/casters
1 M&E Wheel barrow
I M&E Group of snow plow rams
1 M&E Wooden work bench w/vise, drill, and wrenches
1 M&E Larl!:e 10nl!: wooden bench w/two wheel bench grinder
1 M&E Metal tool box w/3 drawers
1 M&E Sawmaster power hack, bench model
1 M&E Power take offunit
1 M&E Small Homelite chainsaw
1 M&E Jonserud 52E chainsaw w/1S" bar
I M&E Homelite chainsaw w/18" bar
1 M&E Curtis air compressor w/SO gallon tank & 5hp motor
1 M&E Metal desk
I M&E 20 I!:allon barrel w/purnp & dolly
1 M&E Forney welder w/cable & welding helmet
2 M&E Hvdraulic rams for Troian loader, tilt & lift rams
I M&E Group of electrical cords
1 M&E Group of 5-55 l!:aIlon manual oil pumps
I M&E Group of hoses & belts
. 3 M&E Large parts cabinet
,
.
.
.
. .
.
.
.
Brighton Excavating Company
1920 Highway 96
Arden Hills, Minnesota 55112
Rollin!! Stock and Machinerv & Eouioment - December 22,1998
# of items EQuioment Tvoe DescriDtion
I M&E Televhone svsteID with one business lines
2 M&E Desks w/chairs
1 M&E 4 drawer file cabinet, typewriter, & Xerox 5305 copier
2 M&E Adding machines
I M&E Grouv ofannroximatelv 140 oil & air filters
I M&E Brake bleeder cvlinder w, gauge
I M&E Bench w/assorted tools
I M&E Electric ratchet w/sockets, 3/4"drive
I M&E . Met~~p.!lrts cabinet
I M&E Group of 6 metal & plastic gasoline cans
I M&E Electric barrel numn for 55 gallon w/auto shut-off
I M&E Acetvlene cutting torch w/hoses, torches, gauges
I M&E Space heater
I M&E Portable air tank
6 M&E Bottle iacks of various sizes
6 M&E Spare bearings for nulverizer
2 M&E Rolls of belting for nulverizer
I M&E Gear box for Dulverizer, including couDlings
4 M&E Batterv Chare:ers
2 M&E Sections of skirting for honner on screener
I M&E Group of shovels and brooms
1 M&E Work bench w/3 tool boxes and socket sets
1 M&E Small parts cabinet on bench
I M&E. Hvdraulic shon nress, 30 ton
4 M&E Fire extinguishers
1 M&E Metal bench vise
1 M&E Lare:e creener
I M&E Walker Turner drill press
1 M&E Batterv Chare:er
1 M&E Used cvlinder for the pulverizer
I M&E Heavv dutv shaft
1 M&E Group of starter & alternators
1 M&E Groun of Dulverizer parts
1 M&E GrouP of annroximately 24 truck tires
1 M&E Mevers snow nlow
1 M&E Small cultivator
Brighton Excavating COlllpany
1920 Highway 96
Arden Hills, Minnesota 55112
Rollin!! Stock and Machinery & EQuipment - Dccember 22, 1998
# of items Eauipment Tvpe Description
1 M&E Blade for tractor
I M&E Mower deck for tractor
I M&E Rock crusher
1 M&E Gasoline motor compressor
1 M&E Convevor frame
4 M&E Gear boxes for pulverizer, 2 rebuilt, 2 used
I M&E Group of miscellaneous parts iron, rollers, tanks,
brackets, nuts and bolts, and spare parts for eQuipment.
.
.
.
.
.
.
FILE
CITY OF ARDEN HILLS
4364 WEST ROUND lAKE ROAD
ARDEN HillS. MN 55112.5794
THE
ECONOMIC DEVELOPMENT
AUTHORITY (EDA) MEETING
ORIGINALLY SCHEDULED
FOR TONIGHT AT 7:15 P.M.
HAS BEEN
CANCELED.
PHONE: [6121633-5676 . FAX [6121633-7839
,
.
.
.
tz
CITY OF ARDEN HILLS
4364 WEST ROUND LAKE ROAD
ARDEN HILLS, MN 55112.5794
AGENDA
7:30 P.M.
7:30 P.M.
.
7:30 P.M.
7:30 P.M.
7:35 P.M.
.
CITY COUNCIL MEETING, CITY HALL
MONDAY, MARCH 8,1999,7:30 P.M.
A SPECIAL MEETING OF THE
ECONOMIC DEVELOPMENT
AUTHORITY (EDA)
HAS BEEN SCHEDULED AT
7:15 P.M. .
1.
Call to Order
2.
Approval of Meeting Agenda
3.
Approval of Minutes
a. February 8, 1999 Regular Council Meeting
b. February 16, 1999 Council Worksession
c. February 22, 1999 Regular Council Meeting
4.
Consent Calendar
Those items listed under the Consent Calendar are considered to be routine by the City
Council and will be enacted by one motion under a Consent Calendar fonnat. There will be
no separate discussion of these items, unless a Council member so requests, in which event,
the item will be removed from the general order of business and considered separately in its
nonnal sequence on the agenda.
a. Claims and Payroll
b. 1999 Business License Renewals
5.
Public Comments
This is an opportunity for citizens to bring to the Council's attention any items not
currently on the agenda. In addressing the Council, please state your 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 cmnments to three (3) minutes. Written documents may be
distributed to the Council prior to the meeting, or as bench copies. to allow a more timely
presentation.
PHONE: (6121633-5676 · FAX (6121633-7839
.
4
. AGENDA - PAGE TWO
CITY COUNCIL MEETING, CITY HALL
MONDAY, MARCH 8, 1999, 7:30 P.M.
7:40P.M. 6. Unfinisbed and New Business
a. Res. #99-11, Acknowledging the expiration of Tax
Increment Financing District No. 1 of the City of Arden
Hills
b. Res. #99-07, Accepting Bids and Authorizing Execution of
Contract in the Matter of the Improvement of West Round
Lake Road, Phase I,
c. Lift Station #3, Pay Estimate #2, Jay Brothers, Inc.
d. 1998 Street Improvement Project, Pay Estimate #4, T. A.
Schifsky & Sons, Inc.
e. 1998 Sanitary Sewer Rehabilitation Project, Pay Estimate
#2, Infrastructure Technologies
f. Community Services Fund, Discussions
9:00 P.M. 7. Administrator Comments
. 9:15 P.M. 8. Conncil Comments
9:30 P.M. 9. Adjourn
The above times may vary depending upon length of issue discussion.
.
Tentative March Meetin" Scbedule Tentative April Meetin" Schedule
Meeting dates, times and locations are subject to change. Meeting dates, times and locations are subject to change.
Please contact City Hal1 for the most current schedute. Please contact City Hall for the most current schedule.
March 3 planning Commission 7:30 P.M.
April 7 Planning Commission 7:30 P.M.
March 8 Council Meeting 7:30 P.M.
April 12 Couneil Meeting 7:30 P.M.
March 15 Council W orksession 4:45 P.M.
April 15 Finance Committee 7:30 P.M.
PENDING Business Development 8:00 AM.
Committee April 15 Public Sufety 7:30 P.M.
Commission
March 16 Parks & Recreation 7:00 P.M.
Commission' April 19 Council Worksession 4:45 P.M.
C' Arden Manor Mobile Home Park)
PENDING Business Development 8:00 A.M.
March 18 Finance Committee 7:30 P.M. Committee
March 18 Public Safety 7:30 P.M. April 26 Economic Development 7:00 P.M.
Commission Authority
March 29 Economic Development 7:00 P.M. April 26 Couneil Meeting 7:30 P.M.
Authority
April 27 Parks & Recreation 7:00 P.M.
March 29 Council Meeting 7:30 P.M. Commission
arch 31 Newsletter Committee 6:00 P.M. April 28 Newsletter Committee 6:00 P.M.
NOT Business Relations 4:00 P.M. PENDING Business Relations 4:00 P.M.
SCHEDULED Committee CODlID.ittee
.
FILE
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3/g/11
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jl
MAR-07-1999 16:17
BRW
.BRW
. A. o,\MES &. MOORE GROUP COMPANy
.
.
March 5, 1999
Mr. Brian Fritsinger
City Administrator
City of Arden Hills
4364 West Round Lake Road
Arden Hills, MN 55112
RE: West Round Lake Road Improvements, f'hase 1
Dear Brian:
bl~ sn::::J 1...)-(0 r. v.:.::'~.J
~~\ E
j\"- '^
~ ~.5)'gtr'1
Thresher Squan;
700 Third Street South
Minnil;apoli~. Minnesota. 55415
6123700700 Tel
612 370 1378 Fax
Bids were received and opened for the above-referenced project on January 14, 1999. Bids were received
from eleven (11) contractors as follows:
.
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
(;nntTac:toT
Don Zappa and Sons, Inc.
Amt Construction Co. Inc.
Northwest Asphalt Inc..
Forest Lake Contracting
C.S. MeCrossan Construction, Inc.
Jay Bros. Inc.
Parle: Construction Company
Belair Builders, Inc.
Hanlrives Inc.
Tower Asphalt Inc.
Ingram Exeavatinl: Inc.
Average Base Bid AmoW).t
Engineer's Estimate
B.se Bid A1nount
$ 668,450.03
$ 690,601.45
$ 718,657.22
$ 720,560.05
$ 759,039.15
$ 778,679.81
$ 785,930.60
$ 846,896.33
$ 853,330.65
$ 885,868.40
$ 894,257.83
$ 780,539.76
$ 735,000.00
C"~M'ected R;d
$ 668,451.23
$ 690.602.25
$ 703,884.22
$ 777,117.45
$ 785,929.80
$ 846,896.34
All bids had proper bid guarantecs in the amount of ten percent (10%) of the total bid as required by the
Project Manual. A bid tabulation was perfonned to vmfy the total bid amounts and five bids contained
minor errors which have been corrected as shown above. The Northwest Asphalt bid included an error of
$14,773.00 and one line item was not completed. The Northwest Asphalt bid is therefor deemed
unresponsive and should be eliminated from consideration. A copy of the bid tabulation is attached for your
infonnation.
The low base bid amount is approximately 5166,500.00 or 10% below the En~lin"cr's Estimate which is
reflective of a very competitive bidding environment.
The project includes three bid alternates which all bidders were required to complete. Bid Al~nlate A
includes the removal of the commercial topsoil stockpile from the site. Contractors prices for this work
varied widely from a deduct of$12,000.00 to an addition of$115,600.00. A summary ofthc bid prices for
Alternate A is shown below:
.
offi=WO_
MAR-il",..,1999 16:18
..... j
BRW
.~~w .
.....~.IU_ A DAMES.. MOORE GROUP CCJMPANy
Mr. Brian Fritsinger
March 5,1999
Page 2
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ContTactor(Basc Rid Rank)
Jay Bros. Inc. (5)
Forest Lake Contrac:ling (3)
C.S. McCrossan Construction, Inc.(4)
Park Construction Company(6)
Amt Construction Co. Inc.(2)
Don Zappa and Sons, Inc. (I)
Tower Asphalt Inc. (9)
Hardrives Jnc.(8)
Bc:lair Builders, Inc. (7)
Ingram Excavating Inc. (10)
Northwest Asphalt Inc. *
Average Alternate A Bid Amount
Alternate A
"Rid Amnunt
$(-12,000.00)
$ 32,000.00
$ 78,200.00
$ 80,000.00
$ 88,000.00
$ 89,400.00
$ 100,000.00
$ 110,000.00
$ 111,000.00
$ 115,600.00
$ 95,800.00
$ 80.727.27
*Northwest Asphalt was not included in the bid ranking.
612 370 1378 P.03/05
'"
.
.... ---...----.
In order to grade and construct the roadway. the topsoil must be removed from the work area. Thc City
Engineer feels that the proposed bid prices submitted from Forest Lake Contracting and Jay Bros. axe fair
considering the market value of the topsoil (approximately $2.50/m3) and the fact that the Contractor will
need to haul the material off site (trucking cost range $2.00 - $4.00/m3) or at least move it to a stockpile on
the remainder of the Indykiewicz site (approximately $1.25/m3) to be sold at a later date. If the City elects
to have the topsoil removed by arrangements with others, the proposed schedule ofthis project will need to
be cx.tcndcd to allow fur the other contractor(s) to access the site. Additional City staff and consultant time
would likely be required to coordinate the material. removal by others as well. Forest Lake Con1rncting has
verbally agreed to reduce the cost of Bid Altemate A to $0.00 if the City will allow them additional time
(Wltil December 1, 1999) to remove the topsoil from the site. For thesc reasons the City Engineer strongly
recommends the award of Bid Alternate A with the contr4C:t.
.
Bid Alternate B itlcludc:s the furnishing and installing landscaping enhancements along the roadway and
adjacent to the pond grading areas. Irrigation of the wide median areas is also included with AlteI11llte B.
Contractors prices for this work varied from $42,165.00 to $61,665.00. Bid Alternate C includes the
installation of brick pavm; in the IlllIrOW median areas (at left turn lanes) in lieu of concrete pavement Wide
median areas would remain turfed OT landscaped if this alternate is selected. A summary of the bid prices
for Alternates B and C is shown below:
1.
2.
3.
4.
5.
6.
7.
8.
C:nntn.l!tnr(F..A~f": 'Rid: RAn~
Don Zappa and Sons, Inc.
Amt Construction Co. Inc.
Forest Lake Contracting
C.s. Mc:Crossan Construction, Inc.
Jay BroS. Inc:.
Park Construction Company
Belair Builders. Inc.
Hardrives Inc.
Alternate B
R;d AmnuntlR:mlr
$ 61,665.00(10)
$ 50,165.00(3)
$ 42,165.00(1)
$ 51,404.00(4)
$ 54,900.00(7)
$ 47,665.00(2)
$ 51,628.72(5)
$ 55,228.00(8)
Alternate C
Rin ^mnunt/Rank
$ 9,360.00(4)
$ 8,388.00(3)
$ 9,756.00(5)
$ 9,900.00(6)
$ 19.440.00(8)
$ 9,900.00(6)
$ 4,789.80(1)
$ 12,600.00(7)
.
0Ifi<:es Wo,I<W<Ie
"
.
.
.
MAR-07-1999 16: 18
BRW
612 370 1378 P.04/05
. ~~~~OUPCOMAANy
-------.-----.-.-...... ....... ~ . ...
Mr. Brian Fritsinger
February 3, 1999
Page 3
Table Continued. . .
Alternate B
Cnntrn"tor~ase ~id RRnlc) Rid AmnnntlRRnl<
9. Tower Asphalt Inc. $ 52,735.00(6)
10. Ingram Excavating Inc. $ 59,413.00(9)
Northwest Asphalt Inc.. $ 46,830.95*
Average Alternate Bid Amount $ 52,163.60
Engineer's Estimate $ 40,000.00
.oNorthwest Asphalt Was not included in bid ~anking.
Alternate C
'Ai" Amn1JntlRan'L:-
$ 8,100.00(2)
$ 19,980.00(9)
$ 10.092.60*
$11,118.69
$ 8,500.00
Although the bid amounts for Alternate B are greater than the Engineer's estimate, it is the Engineer's
opinion that they are reflective ofthe current market conditions and should be considered for inclusion into
the project if the Council desires a more aesthetic entrance to the Gateway Business Park. Forest Lake:
Contracting submitted the lowest bid for Alternate B at $42.165.00 or approximately 5% over the Engineers
cstimate. The City Engineer recommends that the Council award Bid Alternate B with the contract.
Bid Alternate C gettCt'llted a wide range of prices from $4,789.80 to $19,980.00. This alternative would
enhance the entrance in addition to the landscape plantings howc:vl..T thc Council must decide whether the
added enhancement value is worth the cost.
lfthe Council awards Bid Alternate A with the contract, the Jow bidder is Forest Lake Contracting, Inc. If
the Council awards Bid Alternates B andlor C (along with Bid Alternate A), the low bidder remains Forest
Lake Contracting, Inc.
The following is a list of subcontractors and suppliers that Forest Lake Contracting has indicated will work
on the project:
Fnnct1nn
Bituminous Surfacing
Concrete Curb & Gutter
Signal System
Sodding/Seeding
Landscape P1antings
Suhc:ontTael nr/l'l'lpplier
Tower Asphalt
Landmark Concrete
Collins
Lino Lakes Landscaping
Minnesota Valley Landscaping
The proposed material suppliers and subcontractors are acceptable to the City Engineer. Both the Public
Works Director and City Engineer have experience working with Forest Lake Contracting, Inc. on other
similar projects in the past and are confident that they are able to complete the project on schedule and with
a high degree of quality.
We, therefore, recommend the award of the West Round Lake Road Improvements, Phase 1 with Bid
Alternates A and B to Forest Lake ContractIng for the total amount of$794,7Z5.OS. Ifthc: Council elects
to award Bid Alternate C, !he total contract amount would be 5804,481.05.
The original project schedule outlined in the specificaticms was based upon a notice to proceed issued from
the City in lale January, 1999. Since the project award has been delayed, a new completion date will be
negotiated with the Contractor along with the unit prioe adjustment for Bid i\lternate A and incmporated into
Offices WorldsMde
MAR-07-1999 15:18
BRW
512 370 1378 P.0S/0S
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Mr_ Brian Fritsinger
November 6,1998
Page 4
the oontract following the award_ The project schedul., outlined below is based upon award by the City
Council on March 8, 1999 and subsequent agreement by the Contractor:
Award Contract
Begin ConstnlCtion
Switch Traffic to New Roadway
Complete Construction
Finish R<:moval of Topsoil Stockpile
March 8, 1999
April 12, 1999
June 25, 1999
July 31, 1999
December 1, 1999
Please can me at 373--6479 if you havc any questions or need additional infonnation-
Sincerely,
L~
, PE, BRW, !nc.
. y Engineer
.
Enclosure
ce; Dwayne StaffordlArckn Hills
Terry post/Arden Hills
Jon HornlbRW
Nick LandwerlBRW
Mark LynchIBRW
File 379510052301
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Offlces Worldwide
TOTAL P.0S
03/05/99 FRI 16:30 FAX 6126337839
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City of Arden Hills
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03/05/99 FRI 16:37 FAX 6126337839
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.
.
City of Arden Hills
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*** TX REPORT ***
*********************
3190
6339550
03/05 16:36
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03/05/99 FRI 16:34 FAX 6126337839
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CONNECTION ID
ST. TIME
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.
.
CIty of Arden Hills
141001
*********************
*** TX REPORT ***
*********************
3191
6333846
03/05 16:32
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03/0S/99 FRI 16:36 FAX 6126337839
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CONNECTION ID
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.
.
City of Arden Hills
*********************
*** TX REPORT ***
*********************
3192
4810551
03/05 16:35
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~001
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03/05/99 FRI 16:38 FAX 6126337839
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ST. TIME
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.
.
City of Arden Hills
~001
*********************
*** TX REPORT ***
*********************
3193
6122279371
03/05 16:37
01'07
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03/05/99 FRI 16:40 FAX 6126337839
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CONNECTION ID
ST. TIME
USAGE T
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.
.
City of Arden Hills
141001
*********************
*** TX REPORT ***
*********************
3194
4821262
03/05 i6:39
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3
OK
03/05/99 FRI 16:28 FAX 6126337839
TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
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RESULT
.
.
City of Arden Hills
*********************
*** TX REPORT ***
*********************
3188
6123701378
BRW, INC.
03/05 16:27
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03/05/99 FRI 16:26 FAX 6126337839
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.
City of Arden Hills
~001
*********************
*** TX REPORT ***
*********************
3187
6461220
KMWB WB23 MPLS M
03/05 16:25
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.
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CITY OF ARDEN HILLS
MEMORANDUM
DATE:
March 5,1999
Mayor and City Council ~
Brian Fritsinger, City AdministratW
TO:
FROM:
SUBJECT:
Administrator Comments for the March 8, 1999 Council Meetin2
1. AnprovalofMinntes
The City Council is asked to approve the Minutes of the February 8, 1999 and February
22, 1999 Regular Council Meetings, and the February 16, 1999 Council Worksession.
2. Consent Calendar
a.
Claims and Payroll
The City Council is asked to approve vendor claims in the amount of $67,983.74
and payroll for the period most recently ended. The Council should note payment
to BRW, Inc. in the amount of $17,324.39 for engineering services; and to
Teamworks International in the amount of$1,375.00 for facilitating the 1999
CounciI/Departrnent Head Retreat.
b. 1999 Business License Renewals
The City Council is asked to approve the renewal of additional 1999 Business
Licenses, subject to receipt and verification of all final insurance and related
documentation.
3. Unfinished and New Business
a. Res #99-11 . TIF District No.1. Round Lake Housing District
The City Council is asked to adopt Resolution #99-1 1, acknowledging the
expiration of tax increment financing district No.1 of the City of Arden Hills. The
decertification of this district is the result of the district reaching its maximum
duration allowed by Minnesota State Statute and all of the goals of the district
being accomplished.
b.
Res. #99-07. West Round Lake Road. Phase I
The City Council is asked to adopt Resolution #99-07, accepting bids and
authorizing execution of contract in the matter of the improvement of West Round
Lake Road, phase 1. With the agreement on the purchase of the Indykiewicz, staff
would recommend proceeding with the Phase I project.
Administrator Comments for the March 8, 1999 Council Meeting
Page Two
March 5,1999
c. Lift Station #3. Pay Estimate #2
The City Council is asked to approve Pay Request #3 to Jay Brothers, Inc. in the
amount of $39,253.00, for work to-date on Lift Station #3. A retainage of5% is
being held.
d. 1998 Street Improvement Project. Pl\Y Estimate #4
The City Council is asked to approve Pay Request #4 to T. A. Schifsky & Sons in
the amount of$51,145.79, for work to-date on the 1998 Street Improvement
Project. A retainage of 5% is still being held.
e. 1998 Sanitary Sewer Improvements. Pl\Y Estimate #2
The City Council is asked to approve Pay Request #2 to Infratech Technologies,
Inc. in the amount of $28,585.59, for work to-date on the 1998 Sanitary Sewer
Improvement Project. A retainage of5% is being held.
f.
Community Services Fund. Discussion
The City Council is asked to consider options related to the use of the Community
Services Fund based on direction from Attorney Filla.
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MINUTES b;PA ~r
CITY OF ARDEN HILLS, MINNESOTA""",... .
WORKSESSION
MONDAY, FEBRUARY 16, 1999
4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD
CALL TO ORDER
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the City Council
Worksession at 4:58 p.m. Present were Councilmembers Beverly Aplikowski, Gregg Larson,
and Paul Malone; City Administrator, Brian Fritsinger; Public Works Director, Dwayne Stafford;
City Accountant, Terrance Post; and Administrative Secretary, Sheila Stowell.
Councilmember Rem arrived at 5:04 p.m.; and Assistant to the City Administrator, Kevin
Ringwald arrived at 5:05 p.m.
DISCUSSION ITEMS
a. Marketing Brochure
In the absence of Mr. Ringwald, Mr. Fritsinger reviewed the status of the draft marketing
brochure being prepared by the Business Development Committee. The committee is currently
awaiting one additional bid prior to presentation to the City Council at a future meeting.
b. Turnback of Lake Johanna Bonlevard
Mr. Stafford advised the Council that the turnback of Lake Johanna Boulevard to the City, as
identified in the County's three-year Transportation Improvement Program (TIP), has been
accelerated by the County to take place this year. Mr. Stafford also provided an alternate
proposal by Ramsey County for City acceptance of New Brighton Road between County Roads
D and E with the remaining segment from County Road E to E-2 to also be turned back to City
jurisdictiion after the County rebuilds the ralroad bridge near Perry Park.
Mr. Stafford pointed out several considerations, including length of segments; current roadway
condition and cost of reconstruction; right-of-way issues; boundary issues between communities;
and open space accessibility. Other considerations included future freeway capacity and its
effects on local jurisdiction roadways.
Mr. Fritsinger concurred with Mr. Stafford's assessment and analysis of City options.
After further discussion, staff was directed to obtain, from Ramsey County, comparative
information for both roadways; consider a right-of-way survey for both roads; determination of
whether proposed street improvements would consist of the City-standard street with curb and
gutter and have BRW provide cost estimates for a parkway design for Lake Johanna Boulevard,
with several alternates to the base road. Once a thorough review has been provided by Ramsey
County and City staff, staffwas directed to provide the information to the Council for further
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ARDEN lJILLS CITY COUNCIL WORKSESSION - FEBRUARY 16. 1999
.
2
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consideration prior to making a determination on the County's turnback proposal.
c. City Liability Insurance Premium Options
Mr. Post reviewed a history and cost projections for Insurance Deductible Fund No. 230. Mr.
Post stated that he and City Administrator Fritsinger were considering several options: higher
deductibles and/or higher excess liability coverages with or without waivers in consideration of
premium cost and reduced dividend impacts.
Staffwas advised by Council to use their discretion as to the least impact for the budgeting
process.
d. Year 2000
Mr. Fritsinger presented a review of components involved in the Year 2000 issue from a service
provider and equipment position and staffs preliminary assessment to-date. Mr. Fritsinger
stated he had taped an interview with CTV for public viewing regarding the City's response to
the problem. Mr. Fritsinger stated that the City continued to follow the procedures as
recommended by the League of Minnesota Cities, and that staff's next step in the process would
be to contact the City's major vendors and assure those receiving City services of the City's due .
diligence. Mr. Fritsinger stated that the City will concentrate on the daily operations of basic and
necessary services, and continue "business as usual."
There was some discussion on the necessity of a standard letter to residents, possibly in the form
of a water bill flyer, newsletter articles, or press releases.
Staff was directed to continue documenting the City's due diligence of the various aspects and,
as they are recognized, incorporate any necessary contingencies into the City's Emergency
Management Plan. Council also concurred with the concentration on the basic and necessary
services.
e. North Suburban Transit Concept
Councilmember Malone had prepared and presented to Council a draft proposal for Light Rail
Transit (LRT) and potential use of abandoned rail lines for development of a LRT station on the
TCAAP properly. Mr. Malone encouraged Councilmembers to consider having Arden Hills take
the lead in presenting a proposal to the State for consideration, via the I-35W Corridor Coalition,
in return for management of the fIrst phases of infrastructure development on TCAAP.
Mr. Ringwald advised there was an upcoming workshop regarding transit, sponsored by
Metropolitan Transit. Councilmember Larson suggested removing any comparisons to parking
accommodation at the airport from the proposal.
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ARDEN IpLLS CITY COUNCIL WORK SESSION - FEBRUARY 16. 1999
3
Staff was directed to pursue this proposal through the 1-35W Corridor Coalition and onto a State
level as deemed appropriate. The concept should be presented as generally as possible.
MISCELLANEOUS ITEMS
Council/Department Head Retreat Update
Mr. Fritsinger reviewed several items regarding the upcoming Retreat.
Thank Yon
Councilmember Aplikowski expressed her appreciation for the condolences from
Councilmembers and staff on the recent loss of her husband, Richard.
Mounds View School District No. 621
Mayor Probst and Mr. Fritsinger reviewed highlights of their recent meeting with school district
representatives and neighboring city representatives for the upcoming school bond referendum.
Discussion items included concerns regarding the district's future plans for a joint athletic
facility and concerns regarding the lack of participation provided to the City, as a major taxing
authority, in plans to-date for the referendum.
Total Disability Utility Rate Issue
Mr. Fritsinger updated the Council on a possible litigation issue regarding alleged discrimination
by the City to total disabled utility customers and utility. Mr. Fritsinger advised the Council that
he was reviewing the issue with City Attorney Filla and whether it is necessary to re-evaluate the
City's position.
Tale ofTen Cities Taping. CTV
Mayor Probst advised that he had been invited to do a taping in mid-March for CTV on the
segment, "Tale ofTen Cities."
ADJOURN
MOTION:
CounciImernber Aplikowski moved and Councilmember Larson seconded
a motion to adjourn the meeting at 7:03 p.m. The motion carried
unanimously (4-0).
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""""7 CITY OF ARDEN HILLS, MINNESOTA
~;{\ CITY COUNCIL MEETING
.;,..\ FEBRUARY 8, 1999
7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
MINUTES
CALL TO ORDERlROLL 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, Paul Malone
and Lois Rem.
Absent:
Councilmember Gregg Larson.
Also present were City Administrator, Brian Fritsinger; Public Works Director, Dwayne
Stafford; City Accountant, Terrance Post; and Recording Secretary, Lori Rolfson.
ADOPT AGENDA
Mr. Fritsinger noted a correction to the February 8, 1999 agenda. Item number three, Approval
of Minutes, should read, "January 25, .l222..." not "...l22B.....
Mayor Probst suggested under UnfInished and New Business items 6B and 6C should be moved
up and item 6A should be considered as the last item.
MOTION: Councilmember Aplikowski moved and CounciImember Rem seconded a motion
to adopt the agenda for the February 8, 1999, regular City Council meeting, as
amended. The motion carried unanimously (4-0).
APPROVAL OF MINUTES
A. January 25,1999 Regular Council Meeting
CounciImember Rem requested a correction on page 7, fIfth paragraph, "...public hearing
discussions with Ramsev Countv.....
MOTION:
Councilmember Malone moved and CounciImember Aplikowski seconded a
motion to approve the minutes of the January 25,1999, Regular Council meeting,
as amended. The motion carried unanimously (4-0).
CONSENT CAI,ENDAR
A.
B.
C.
D.
Claims and Payroll
Regular Employee Statues, Nancy Randall
1999 Business License Renewals
Briarknoll Drive Stop Sign Placement and Removal
"
ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999
2
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MOTION:
Councilmernber Malone moved and Councilmember Aplikowski seconded a
motion to approve the Consent Calendar and authorize execution of all necessary
documents contained therein. The motion carried unanimously (4-0).
.
PUBLIC COMMENTS
Mayor Probst invited those present to come forward and address the Council on any items not
already on the agenda. There were no public comments.
UNFINISHED AND NEW BUSINESS
B. Resolution #99-09, Approving an Application for Authorization to Conduct One-
Day Off-Site Gambling
Mr. Post explained that the Circle PinesILexington Lions Club submitted an application for
Authorization to Conduct One-Day Off-Site Gambling. The application references a proposed
April 17, 1999 raftle activity at the Arden Hills Holiday Inn. Licensed Gambling organizations
are permitted one such off-site activity per year, with local jurisdiction approval. The request is
similar to one approved by the Council in 1998.
The organization has agreed to be bound by the City's trade area spending requirement as are
other licensed gambling organizations in the City. Last year, a similar event was staged, with
$360 being contributed to the New Brighton Lions Club from raftle profits.
.
Mr. Post stated that two representatives from the Lions Club were available at the meeting to
answer any questions.
Mr. Post advised that Staff recommends the City Council consider adopting Resolution #99-09.
He pointed out that the body of the Resolution states that the event would be held on April 15,
1999. This should be amended to April 17, 1999.
MOTION:
Counciimember Aplikowski moved and Counciimember Malone seconded a
motion to approve Resolution #99-09, Application for Authorization to Conduct
One-Day Off-Site Gambling, as amended. The motion carried unanimously (4-0).
C. Ordinance #312, Relating to Parking Regulations
Mr. Stafford explained that the City of Arden Hills Public Safety Commission received a letter
from Ms. Michele Owen relating to a parking ticket she received while parking overnight in front
of her home on Arden Oaks Court.
Following a discussion of Ms. Owen's letter and the existing Ordinance, Chairman Tholen asked
that the Commission consider changing the City Ordinance to match that of the City of
Shoreview's and closely match the City of New Brighton's Ordinance.
.
The current Ordinance states that, during the months of October 15, through April 15, no parking
is allowed between the hours of 1 :00 a.m. and 6:00 a.m. The Public Safety Commission
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999
3
recommends this be changed to state, "No vehicle shall be parked on any street for more than 30
minutes between the hours of 2:00 a.m. and 6:00 a.m." This Ordinance would be in affect year-
round and would attract attention to neighbors, as well as the police, to any vehicles parked on
City streets during these hours. This could reduce the likelihood of vehicles which do not belong
in the area to be parked there, yet allow vehicles 30 minutes of parking in the event of an
emergency or brief visit.
Public Safety Commission Chairman Tholen had suggested that this may reduce crime and will
be easier to enforce as the 30 minute, year around time frame will be easier to monitor than the
existing Ordinance.
City Attorney John Miller had reviewed the proposed Ordinance change and found it acceptable
with rewording of the paragraph on "Winter Parking Regulations" which he proposed.
Mr. Stafford advised that the Public Safety Commission recommends that the City Council adopt
Ordinance #312 relating to the amendment of Parking Regulations, and publish a direct Staff
summary of this Ordinance in the official newspaper.
The Commission also recommends that the existing signs relating to the current Ordinance be
replaced with six new signs at key City entry locations to be decided later. The new signs would
be an abbreviation of the revised Ordinance.
CounciImember ApIikowski expressed a concern for the City plowing the roads after only two
inches of snow. She asked Staff if this is practical. Mr. Stafford explained that plowing after
two inches is the goal of the Public Safety Commission as salt and sand do not work well with
more than two inches of snow on roadways.
CounciImember Aplikowski expressed a concern that six signs may not be adequate. She
suggested that the Public Safety Commission could determine the best number when installing
the new signs.
Mr. Stafford stated that the number of signs could be changed, even if the Ordinance is adopted
as presented.
Mayor Probst concurred with CounciImember Aplikowski's concern for the number of signs. He
suggested the adoption of the Ordinance not limit the number to six as more may be needed.
MOTION:
CounciImember Malone moved and Councilmember Aplikowski seconded a
motion to adopt Ordinance #312 relating to the amendment of Parking
Regulations, and that a direct Staff summary of this Ordinance be published in the
official newspaper. The motion carried unanimously (4-0).
A.
Bethel Park Project
Mr. Fritsinger explained that the Parks and Recreation Commission is asking the City Council to
review the concept of participating in a joint park project with Bethel College. The City was
contacted by Bethel College during this past summer with an inquiry regarding a potential park
I
ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
4
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development project. The project would combine the use of Bethel College's 10 acre parcel, .
west of Old Highway 10, with the City's existing park property immediately adjacent to the west.
Last fall a draft concept plan had been received from Bethel College. Ibis concept plan
reviewed the site and the potential opportunities which may exist. These opportunities would
address some of Bethel College's recreation needs as well as needs of the City.
The Parks and Recreation Commission reviewed this initial request as its September 29, 1998
meeting and subsequently at its December 1,1998 and January 7,1999 meetings. These
meetings helped to refine the information from City Staff and Bethel College in order to come to
an initial conclusion whether or not there was merit to proceed with consideration of the project.
The concept plan includes two soccer fields, one softball field, six tennis courts and parking.
The combination of the property owned by Bethel College with the City's property will provide
the ability to address the potential wetland and drainage issues. The City's property does not
provide much else to the project, other than the opportunity for trails or other options which may
be suggested through discussions with the neighborhood and the Parks and Recreation
Commission. For the most part, the project is being proposed on Bethel College property.
The cost of the project is currently estimated to be between $750,000 and $1,000,000. The
intention is for Bethel College to fund raise for the estimated $1,000,000 project cost. If the City
participates financially, it would make the project more feasible from a fund-raising standpoint.
.
The material proposed to be used for the fields would be higher than standard grade and used at
City parks and Bethel College would maintain the facility year-round and be responsible for
lining and striping of fields for its events. The City would be responsible for lining and striping
of fields during its game day events and during summer months.
At the last Parks and Recreation Commission meeting, the Commission discussed the on-going
programming needs of the City and what the proposed concept would provide the City of Arden
Hills. Bethel College has some serious needs for softball, intramural sports, physical education
and soccer. The fields are proposed to be used by Bethel College during much of the school
year. The City would gain use of the fields during the summer time, when the school year is not
in session.
The Parks and Recreation Commission spent a great deal of time determining what the
opportunities would be for the City. The conclusion was that while there was some concern
about programming there was enough of a comfort level at this time that the City could move
forward with the analysis and look closer at the programming as the process is worked through.
Of the types of uses being proposed the City has the greatest need for soccer fields, followed by
softball fields, and the least need for tennis courts. The question had been raised of tlie need for
additional tennis courts in the City. It had been suggested by Recreation Supervisor, Tracy .
Peterson that the additional tennis courts could be used with any programs for City activity. This
need may be stronger for Mounds View High School and the on-going activities they have. The
City could program other activities in the area.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
5
Other questions which had been raised during this process by the City Staff and residents relate
to the project specifics of the site. At this point, Staffhad not invested a great deal of time
analyzing these issues. The intent had been to meet with the Council first to determine if the
concept and general uses being proposed make sense for the City prior to discussing the site
specific items.
Staff has continued to gather information which would be considered should the Council proceed
with the review of the project. This information includes a traffic analysis of Snelling Avenue to
the determine how the site would be affected. Staffhas scheduled a meeting this week with
Ramsey County to discuss the issue of the width of Snelling Avenue and determine if changes
are needed to be made to the road. Changes may be needed in order to address speed and safety
issues which have been raised by Bethel College and the community.
A full detailed site survey had been completed and is now available. In addition, the City
performed wetland delineation's of the various wetlands on the site.
Other issues which had been raised by residents or Parks and Recreation Commission members
had been:
. There is no intent to light the soccer, softball or tennis courts.
. The ownership of the fields is yet to be determined, and will need to be evaluated by
attomeys.
. There is no agreement for the joint use of the facilities and such an agreement will have to be
developed and approved before the project proceeds.
. The parties will need to determine who constructs the project.
. Ramsey County is open to considering other options for the design of Old Snelling Avenue
Mr. Fritsinger advised that the Parks and Recreation Commission has recommended that the City
proceed with the exploration of the possibilities for a joint project with Bethel College, and that
neighborhood meetings be held in order to obtain additional input. Should the City Council
support this recommendation, the Council should move to direct the City Staff to proceed in this
manner.
Councilmember Aplikowski inquired regarding the location of the City's park land. Mr.
Fritsinger stated that the City's park land is basically located west of the large wetland on the site
and is shown in gray on the map.
Mayor Probst requested confirmation that Bethel College currently uses some of the City
facilities for their womens softball. Mr. Fritsinger stated that was correct.
Mayor Probst asked, if the proposed facilities were built, would all ofthesc activities move to the
new location. Mr. Craig Hjelle, Bethel College, stated that the proposed project would become
the College's primary activity location.
Mayor Probst asked how Bethel College had determined the number of proposed tennis courts.
Mr. Hjelle stated that six would be the minimum needed in order to run a varsity tennis program.
The College currently has six and would want to maintain this number of courts.
ARDEN fULLS CITY COUNCIL - FEBRUARY 8, 1999
6
,
Mayor Probst asked how much flexibility there would be in terms of design. He asked if there is .
a belief that the number of fields currently shown in the proposal would be the minimum
required and this number could change during the final phase of the project. Mr. Hjelle stated
that there would have to be some flexibility with the project, primarily due to the wetlands and
the size of the property. He indicated that Bethel College intends to work closely with the City
Staff in order to match up the needs of the City with the needs of the College.
Mr. Hjelle confIrmed that the primary needs of the City would be for soccer and softball. The
strongest need for the College would be the tennis courts. He noted that the College had initially
hoped to add more softball fIelds to the site.
Mayor Probst asked if the softball and soccer seasons for the College overlap. Mr. Hjelle stated
that softball is a spring sport and soccer is not.
Mayor Probst asked if it would be possible to overlay a softball fIeld over the soccer fIeld. Mr.
Hjelle stated that this option had been considered and it did not appear to be feasible.
Mayor Probst opened the meeting up to public comments. He noted that the action being taken
by the City Council would not be to approve the concept plan. It would be to authorize Staff to
continue discussions with Bethel College and for the Parks and Recreation Commission to
initiate more extensive neighborhood meetings. Staff would also be directed to continue
working with Bethel College to resolve the final layout and mix offacilities.
.
Mayor Probst noted that the City of Arden Hills has a limited number of park facilities. He
stated that there is a need for community facilities for use by Arden Hills and the surrounding
communities, particularly in the area of soccer fIelds. He expressed his belief that this may be a
positive way for the City to gain signifIcant park facilities.
Mr. Corbin Ktistufek, 1640 Chatham Avenue, expressed a concern for the effects the proposal
may have on the existing park land and trail system. He expressed an additional concern for the
amount of space available for soccer, softball and tennis within the community. He noted that
the TCAAP area becomes the property of the National Guard in March. He suggested the City
consider the use of some of this land for additional recreational facilities.
Mr. Kristufek referred to the proposed cost of the project and noted there are regulations and
laws which need to be complied with. He asked how much money would have to be spent by the
City in order to perform a practical analysis and other actions needed to be taken prior to
building near a wetland.
With regard to the TCAAP area, Mayor Probst stated that the transfer taking place on March 15,
1999 primarily involves park preserve space which would be controlled by the National Guard.
The Comprehensive Plan did identifY a joint use athletic facility for all cominunities at the north
side of the facility. At this point it is unknown when the area would be cleaned up, however the .
hope is to have the area available within fIve years.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
7
. Mayor Probst stated that the cost issue clearly needs to be dealt with. He noted that the City
Council had not yet determined at what point the City could not afford the project and this would
be a function of how successful the fundraising is.
Mr. Michael Coopet, 1636 Chatham Avenue, stated that he takes exception to the suggestion that
the Parks and Recreation Commission had concluded that they were satisfied with the amount of
use Arden Hills would gain. He indicated that at previous Parks and Recreation meetings there
had been no consensus that there would be adequate use by Arden Hills.
Mr. Coopet stated that he also takes exception with the comment that the City of Arden Hills
needs additional park space. He stated that Arden Hills is a bedroom community and some
residents like the fact that the City is limited by the amount of park space.
Mr. Coopet stated that the proposed project would be an incredibly invasive procedure. Large
hills would be leveled and the topography would be substantially changed. He also pointed out
there would be issues with traffic, crowds and noise. Additionally there are environmental legal
procedures which must be met.
.
Mr. Coopet stated that if he were to begin a project such as this one, an executive summary
would be compiled of the what the costs would be and if it were a feasible project, prior to
spending time in extensive meetings. He suggested that the process thus far has been putting the
cart before the horse. He asked if anyone really knows what will be needed in order to move on
to the next step.
Mr. Boyd Paulu, 3782 McCracken Lane, stated that his house would be most severely affected
by the proposal as the tennis courts would be directly behind his house. He noted the proposal
includes no lighting at this time and expressed his concern that there would be lighting at some
time in the future.
Mr. Paulu indicated that the drawing of the proposal does not adequately show how the property
currently lays out. He noted that the trail the City has been maintaining is not located at the
outlot. Additionally, the proposed location of the northerly tennis courts is on a large knob
which is heavily wooded with mature oaks. This knob would be leveled if the proposal is
approved.
Mr. Paulu stated that he had purchased his home 11 years ago knowing that Bethel College
owned the property. At that time the Comprehensive Plan had indicated athletic fields in the area
however, he did not believe they could be constructed due to the wetlands. The project would
also negatively affect the wildlife in the area. At this time there are not many geese in the area
and the proposed fields would attract them to the neighborhood.
.
Mr. John Hotchkiss, 3720 Chatham Avenue, noted that there had been comments that the City
needs more soccer and softball fields and asked where the parking would be. He also pointed out
that there is a law which states that all other alternate sites must be considered in order to
minimize the impact on the wetlands. He asked if all other alternative sites have been
considered.
ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
8
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Mayor Probst stated that the parking needs would be more for the City's usage rather than the. .
College's. At this point an assessment has not been made as to the number of required parking
stalls.
Mayor Probst referred to the issue of the need to consider all possible sites prior to proceeding.
He indicated that this would be a requirement if Federal Funds were being used. He stated that
he was not sure that a private development would be required to consider all possible sites. The
College has the right to develop the parcel so long as it meets the guidelines of the limited use of
the zoning for the site. He stated that, although he may be off base, he would caution those with
this concern that this may not be an element to rely on.
Mayor Probst stated that there had been good points brought up. He agreed that a thorough
evaluation must be completed. He also indicated that he was not sure if the City had started in
the right place, as Mr. Coopet had pointed out, however, the City had to start somewhere.
Mrs. Jeana Kristufek, 1640 Chatham Avenue, stated that she had moved to Arden Hills one and
one-half years ago and plans to stay there. She indicated that she had chosen Arden Hills over
other, overly developed surrounding communities, because of its rolling terrain and limited
commercial development. She stated that she would hate to see Arden Hills level off the land
simply for athletic fields as this would be at a great cost to the City and homeowner's property
values.
Mr. Paulu stated that the Minnesota Wetlands Conservation Act provides that no person shall
drain or fill a wetland in full or partially, without first having a wetland replacement plan
approved by the local government.
.
Mayor Probst stated that he had not meant to suggest that the wetlands could be arbitrarily
removed. He had interpreted from comments made that other sites within the community must
be considered and this was the issue he had intended to address.
Mr. Paulu noted that Bethel College is proposing to incorporate City property into the project.
He suggested this may have other implications in that they would not only be developing their
own property, they would be looking to include the City park property in the development. He
echoed Mr. Coopet's concern that so much time and energy is being invested in the proposal that
it may be impossible to back out.
Mayor Probst stated that Mr. Paulu's point was well taken with regard to the City park property.
He indicated that when the investigation had initially begun, it was believed that the two
properties would co-mingle better than the proposal indicates.
Mayor Probst stated that the project is in its early stages and a great deal will need to be done in
order to determine what mayor may not be accomplished.
Ms. Rowena Ochiagha, 1539 Oak Avenue, stated that she was aware that the land is owned by
Bethel College and the development of it is inevitable. She expressed her hope that, as the plan
moves forward, Bethel College would be a steward for the wetlands to ensure there is no excess
fertilizer or herbicide runoff.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999
9
Mayor Probst noted that the action requested is for the City Council to either stop the process or
direct Staff to continue working with Bethel College and Parks and Recreation in order to gather
additional information.
Councilmember Aplikowski asked if the area to the north, near the comer of County Road E2, is
Ramsey County open space. Mr. Fritsinger explained that most of this land is owned by the City
and was part of the Chatham development park dedication.
CounciImember Aplikowski stated that she is sensitive to the neighborhood responses. She
indicated that she had lived in the same neighborhood for over 22 years and hadfeIt the same
concerns when the Chatham development had been proposed. It hurts when things change
because most people do not like changes. She pointed out that the Chatham neighborhood has
brought a great deal of resources to the City and what needs to be considered is how good this
proposed project could be for the City.
CounciImember Aplikowski stated that she would like to do what the neighbors want, however
she is in favor of expanding athletic opportunities. She stated that she would be in favor of
deliberately looking at the project for more answers.
Councilmember Rem stated that it would make sense to move forward to learn more about the
site and what can and cannot be done on it. She noted that Bethel College owns the land and
ultimately would make the decision on what would be done. She stated that it would be helpful
to have additional public discussions to determine what the possibilities are.
CounciImember Aplikowski asked if there would be any cost to the City to move forward with
this consideration. Mr. Fritsinger stated there would be costs to the City to involve the City
Engineer as well as Staff time. There would also be a cost to the City if other consultants were
brought in.
Councilmember Rem asked, even if the City did not move forward with the project, how much
of the City Engineer's time and studying would be needed. Mr. Fritsinger stated that, even if the
City were not involved in the project, it would still incur some engineering costs related to the
review of the site. If the Council chooses to proceed, the Staff should frame out the process.
This would give a better idea as to the costs the City and Bethel College may incur. He
suggested that prior to the next Parks and Recreation Commission meeting Staff would discuss
what the process may require and this information could be used by the Parks Commission to set
up future meetings.
Councilmember Aplikowski asked for additional rationale of how Bethel College had come to
this request. Mr. Hjelle explained that the project has it roots in the fact that Bethel College has a
need to develop athletic facilities. The Campus Master Plan had been updated and approved. At
that time the Planning Commission had requested the College to show recreational fields on the
site.
Mr. Hjelle indicated that both Bethel College and the surrounding communities have a strong
need for these types offacilities and this project would benefit both. He noted that the concept is
ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
10
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not new. There had been a joint effort at the new Wayzata High School where the fields at the .
High School are owned by the City of Plymouth.
Mr. Hjelle stated that there are no hidden agendas with the project. He indicated that Bethel
College will work with the City and pointed out that Bethel College has made donations in the
past to Parks and Recreation in order to support parks. The College also feels there are
advantages to working with the City for fund raising.
In response to the issue of the mature oak trees on the property, Mr. Hjelle stated that Bethel
College is sensitive that the proposed tennis courts are encroaching into this area. The hope of
the College is to preserve these trees and keep the courts as far away from the area as possible.
With regard to lights, this issue is similar to the one raised when the football field had been
constructed. Lights had not been proposed then and are still not being used. There currently are
six tennis courts on the campus which are in disrepair. These tennis courts have been in place
since 1972 and have never been lighted. All campus activities happen during the day so there
would be no need for lighting.
Councilmember Malone reiterated that the property is privately owned and can be developed. He
pointed out that Bethel College is making an effort to integrate the land use into the community.
He agreed that the steps taken thus far may be out of process and noted that the community is
normally not aware of this sort of development proposal until it is presented to the Planning .
Commission for approval.
Councilmember Malone stated that the cost of the project will be an issue. Although the City has
a fixed budget for capital expenditures, this project may not require a great deal of capital funds
which may make it an attractive proposal. The City would be negligent if they were to not
pursue the opportunities.
CounciIrnember Malone stated that the issues regarding the wetlands and lighting are legitimate,
however there is no way to control at this point what may happen in the City years from now.
He stated that the City is in the early journey of fact fmding and will work its way through the
process. He slated that he appreciates the public's point of view and that the City does need to
move forward and collect additional information.
Councilmember Rem suggested the idea ofa Task Force. She indicated this process may be
more efficient if there is a formal structure and a regular meeting schedule.
Mayor Probst stated that it was his hope that, if the Council chooses to move forward, it would
direct the Parks and Recreation Commission to continue working with the public as it has in the
past. This has worked during past controversial park issues and the Commission has been
successful in coming to conclusions which satisfy both the City and the residents involved.
.
MOTION:
Councilmember Aplikowski moved and CounciImember Rem seconded a motion
to direct Staff to work with Bethel College on site planning issues and for the
ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999
11
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Parks and Recreation Commission to hold neighborhood meetings to gather input
regarding the proposed concept plan.
CounciImember Aplikowski asked if Bethel College had a proposed timeline for the project. Mr.
Fritsinger stated that they do not. There will be many issues to resolve before setting a timeline.
Councilmember Aplikowski asked, if the project does move forward, how soon could it be
completed. Mr. Fritsinger stated that the College had hoped to develop the park this year,
however, this may be unfeasible and the project may have to wait until the year 2000.
Mayor Probst expressed his support to continue moving forward with the review of the proposal.
He stated that any drop-dead issues must be resolved first. He agreed that there will be financial
issues with the City and, if the project requires a fifty-fifty cost participation by the City, the
project will be in serious trouble.
The motion carried unanimously (4-0).
ADMINISTRATOR COMMENTS
.
Mr. Fritsinger referred to the bench handout regarding the 1999 Council Retreat. He indicated
that he had met with Mr. Dennis Cheesebrow to put together a program, based on the Council's
input. The intent is to determine if it would be feasible to complete the retreat in one day, rather
than the standard one and one-half day.
Mr. Fritsinger asked for input from the Council about whether or not the proposed schedule
would be on track with their expectations. He stated that he does need to let the hotel know if the
City will need the space on Saturday as well.
Mr. Fritsinger stated the plan for the morning would be to review what had been done last year.
Since there are two new CounciImembers this year it would be helpful to go back and determine
if there is a correct interpretation of the City's philosophy statement. From there the discussions
could move to the key goals and objectives which had been set for the coming year.
In the afternoon the Council could discuss the issue of committees and how they help or hinder
the process and how they might be better utilized. The Council would also take this time to
discuss the organizational structure from a services contract standpoint. There may be some
interest in the future of adding to the City Staff some programs which are contracted out such as
police or fire protection. The Council could also discuss internal Staff changes over the last two
years and how this fits together with the goals for 1999 and the year 2000.
.
Mr. Fritsinger indicated that the agenda which had been put together would not include specific
discussions of adding or deleting committees. If there is interest in a more detailed discussion of
any of the points presented, Staff would need to rework the agenda and add the half-day back in
to allow enough time.
Mr. Fritsinger stated that he would present two questions to the City Council and Department
Heads prior to the retreat to allow some pre-thinking on some of the key points. The two
ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999 12
questions would deal primarily with the high priorities and key expectations the Council and .
Department Heads have for the organization and the City.
The intent is for a continuation of the discussions from previous years regarding an
understanding of the process for day-to-day projects, the organizational structure, and who the
City is and what the City is about.
Mayor Probst stated that, although he would support a one-day retreat, if there would not be
enough time to accomplish what needs to be done, it may make sense to continue into the
evening or schedule another time to continue the discussions. He stated that is important that, by
the end of the day, the City have produced an action list as it relates to the committees. He
indicated that there is an unprecedented number of people expressing interest in participating in
some of the committees. He would be concerned if the retreat did not result in some sort of game
plan. He would prefer for the City to deal with these issues at a specific level by the end of the
day and, if not, there may be another block of time needed to accomplish this.
CounciImember Aplikowski asked if the one-day program would be designed for both the City
Staff and the City Council. Mr. Fritsinger stated that it would be.
Councilmember Aplikowski agreed that there needs to be a conclusion regarding the committee
issues, even if it requires additional retreat time.
CounciImember Malone suggested that the retreat could be accomplished in one day providing
the objectives are focused on. He noted that the intent for the retreat is to be a highlight of the
issues, not specific details. If the first issue is to set objectives, these objectives should be
limited and should include the discussion of committees. He wondered if some of the other
proposed objectives require a great deal of attention. One key issue would be regarding the City
Staff structure. He noted that much of the City structure is defmed by statute. He expressed his
concern of not having too many issues on the agenda. He reiterated that the retreat could be
accomplished if it is limited to just a couple of issues.
.
Councilmember Aplikowski stated that, in addition to reviewing the City Staff and structure, the
mission statement should bexeviewed to ensure the City is stilI on track with its goals.
Councilmember Rem suggested that if the goal were to finish by the end of one day, the
discussions need to stay on track and someone would need to keep and eye on the clock and
ensure that the discussions are moving in the proper direction.
CounciImember Malone asked if the hotel would be cheaper on Saturday compared to Friday.
Mr. Fritsinger stated that it may not be.
CounciImember Malone stated that he had considered the idea of moving the entire retreat to
Saturday. Mr. Fritsinger stated that he could look into the rates, however it was his belief that if .
the entire retreat was held on Saturday the rates would be the same. The half day on Saturday
would be cheaper as there would be no lunch or dinner provided.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8,1999
13
. Mr. Fritsinger stated that the City had received information regarding the liability and workers
compensation insurance. He stated that Staff had discussed the idea of setting up a special fund
for the annual dividends. This would allow for any long-term insurance needs the City may
have.
Mr. Fritsinger noted that a few years ago the City carried a $500 deductible and this had been
moved up last year to $1,000 in order to reduce the rates. The rationale behind setting up a
special fund for the annual dividends would be to assist in ongoing claims and for the possibility
to increase the deductible to further reduce the annual rates. A higher deductible could save the
City up to $5,000 to $18,000 depending on the level of deductible.
Mr. Fritsinger indicated that the Staff would present this option the City Council to determine if
the Council is comfortable with Staff increasing the deductible. He noted that, in years with few
claims this will be a good option, however in years with a large number claims there could be a
down side.
Mayor Probst stated that this option would be worth looking into. If the City has the opportunity
to be self insured and the claims have been down it would be appropriate.
.
Mayor Probst asked if the insurance policy covers incidents such as high-speed police chases
through the City. He also asked, since the Ramsey County Sheriff Department acts as the police
department for Arden Hills, if a high-speed chase incident were to occur, would this be the City's
or the County's liability. Mr. Fritsinger stated that, in such an instance, the City would probably
be named co-party. The Ramsey County Sheriff's Department carries a policy in such a way that
it does cover the City for those activities, however the City would most likely be named in a law
suit.
Mayor Probst asked if the liability and workers compensation insurance policy would be the
policy which would deal with this sort of situation. Mr. Fritsinger stated that it would be.
Counciimember Malone requested confIrmation that the workers compensation claims have been
down over the last few years. Mr. Fritsinger indicated that this was correct. Councilmember
n __Malone suggested tl1at this maybe d~eto the fact that theyha. d not been handled proptli"ly. in the
------.. ........-...
past.
Mr. Fritsinger stated that there had been only one claim last year. He noted that Mr. Stafford has,
over the last few years, implemented training and managed care programs for the employees. He
noted that most liability claims involve vehicles and there have not been any major claims.
There had been one claim a couple of years ago when the tree chipper had been stolen out of the
City's garage.
.
With relation to the schedule for the retreat, Mr. Fritsinger noted that there was also a
Worksession scheduled for the same week. He asked if the Council would want to cancel the
Worksession as the only item on the agenda was to review the marketing brochure which is
nearing completion. He suggested Staff could play it by ear whether or not to hold the meeting.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 8, 1999
14
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Councilmember Malone noted that the Worksession was scheduled for Tuesday, February 16, .
1999, therefore the decision on whether to hold the meeting must be made soon. Mr. Fritsinger
stated that Staff would need a decision by Wednesday of this week.
Councilmember Aplikowski requested confirmation that the content of the marketing brochure is
available for review. Mr. Fritsinger stated that this was correct and suggested that it should be
reviewed in its entirety. Councilmernber ApIikowski agreed and noted that all that would be left
to do would be to go out for bids and determine the cost.
Councilmember Malone suggested the Council continue with the Worksession as planned.
COUNCIL COMMENTS
Mayor Probst expressed his curiosity as to why the Lake Johanna Volunteer Fire Department had
not bid the Arsenal contract. He noted that in the past the Fire Department had bid both contracts
and requested confirmation that they chose not to do so this year. Mr. Fritsinger agreed and
indicated that he had no information as to why they had made this decision.
ADJOURN
MOTION:
CounciImember Malone moved and Councilrnember ApIikowski seconded a
motion to adjourn the meeting at 8:55 p.m. The motion carried unanimously (4-
0).
.
Dennis Probst
Mayor
Brian Fritsinger
City Administrator
NOTICE OF MEETINGS
The next regular City Council meeting will be held Monday, February 22, 1999 at 7:30 p.m. at
the Arden Hills Council Chambers.
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MINUTES
CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL MEETING
FEBRUARY 22, 1999
7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
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CALL TO ORDERlROI ,I, CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
City Council meeting at 7:3 I p.m.
Present:
Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Gregg
Larson, Paul Malone and Lois Rem.
Absent:
None.
Also present were City Administrator, Brian Fritsinger; Assistant to the City
Administrator, Kevin Ringwald; City Accountant, Terrance Post; Associate Planner,
Nancy Randall; City Attorney, John Miller; and Recording Secretary, Lori Rolfson.
ADOPT AGENDA
Mayor Probst noted that a revised agenda had been received which postponed the Finance
Committee presentation, item B ofUnfrnished and New Business.
MOTION:
Councilmember Larson moved and Councilmember Malone seconded a motion to
adopt the agenda for the February 22,1999, regular City Council meeting, as
revised. The motion carried unanimously (5-0).
APPROVAl, OF MINUTES
There were no minutes available.
CONSENT CALENDAR
A. Claims and Payroll
B. Receive the 1998 Treasurers Report
C. Probationary Appointment, Pamela Sweeney
MOTION: Councihnember Malone moved and Councilmember Aplikowski seconded a
motion to approve the Consent Calendar and authorize execution of all necessary
documents contained therein. The motion carried unanimously (5-0).
PUBUC COMMENTS
Mayor Probst invited those present to come forward and address the Council on any items not
already on the agenda. There were no public comments.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 22,1999 2
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UNFINISHED AND NEW BUSINESS ,it I
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A. Resolution #99-10, Approving an Application for Authorization for an Exempt
Gambling Permit
Mr. Post explained that the City of Arden Hills received an application for an exempt gambling
permit from St. John the Baptist Catholic Church of New Brighton. The organization is
proposing to have a raffle and tipboard fund raising event at the Holiday Inn at 1201 West
County Road E on March 19, 1999. The organization is also requesting the City of Arden Hills
to waive the thirty day waiting period prior to the charitable gambling event.
This type of activity is different from the "One-Day Off-Site" activity in that the one-day off-site
opportunity exists only for organizations that have an active organization license and premises
permit. The proposed form of charitable gambling, approved by the Stated Gambling Control
Board, is applicable to nonprofit organizations who do not have an active charitable gambling
license, but still wish to utilize charitable gambling events for fund raising purposes. These
organizations are limited to five exempt permits per year and a total prize payout per year of
$50,000. The applicant is within these limitations for the current year.
Mr. Post indicated that a representative of the church had explained that the request for waiver .
from the thirty day waiting period had arisen because of a significant deposit at the hotel to book
the event, and because of an administrative mix up. They had originally submitted the
application package to the City of Shoreview on the mistaken impression that the Holiday Inn
was in that community. By the time the mistake was realized, the organization was in a timing
conflict.
Mr. Post stated that a representative from the St. John the Baptist Catholic Church was available
at the meeting to answer any questions.
Mr. Post advised that Staff recommends the City Council approve Resolution #99-10, Approving
an Exempt Gambling Permit Application and Waiving the Thirty Day Waiting Period.
Mr. Bob Mike, Parrish Administrator, St. John the Baptist Catholic Church, apologized for the
late application. He explained he had been informed by the State of Minnesota that in order to
obtain the permit by the scheduled date in March, the Church would need written documentation
from the City of Arden Hills waiving the thirty day waiting period.
MOTION:
CounciImember Malone moved and CounciImember Aplikowski seconded a
motion to approve Resolution #99-10, Approving an Exempt Gambling Permit
Application and Waiving the Thirty Day Waiting Period. The motion carried
unanimously (5-0).
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ARDEN fiLLS CITY COUNCIL - FEBRUARY 22,1999
[Pt
3
B. Planninf Cases
1. Planning Case #98-30, Donald Wahlberg, 1451 Arden Place, Variance, Side
Yard Setback
Ms. Randall explained that the applicant is requesting approval of a comer side yard setback
variance (19 feet 9 inches proposed, when 40 feet is required) for an attached garage
addition/storage space to a single family lot zoned R-l.
The applicant currently has a small two car attached garage 18 feet by 26 feet (468 square feet)
that fronts on Arden Place. The home is angled slightly towards the comer of Arden Place and
North Snelling Avenue. The applicant is proposing a l6-foot 8 inch by 33-foot 8 inch (562
square foot) garage addition to replace the storage space that was lost when a detached metal
storage shed collapsed earlier this year. At the February 3, 1999 Planning Commission meeting,
the applicant stated a lean-to car port had existed attached to the current garage. This carport had
been removed by the applicant last year. The applicant has evaluated other locations for the
storage space, however, this is the only location they feel will work with the existing home.
Ms. Randall stated there had been updates to this Planning Case since the February 3,1999
Planning Commission meeting. The applicant had supplied a picture depicting the attached
carport, removed earlier in the season due to its dilapidated slate. The applicant also brought up
the fact that a chimney on the west side of the garage and the brick wail construction reduces the
interior garage width to 15 feet 6 inches. The applicant had submitted to the City Council
pictures of the carport and interior of the garage, as well as two views of the open space the
applicant wishes to preserve.
Ms. Randall advised that the Planning Commission recommends denial of Planning Case #98-30,
Comer Side Yard Setback Variance (19 feet 9 inches proposed, when 40 feet is required) for an
attached garage (storage space), based on the "Findings - Comer Side Yard Setback Variance
(garage)" section of the Staff report dated February 3,1999.
Mr. Wahlberg, 1451 Arden Place, stated that he is involved in landscaping and has developed a
Japanese garden in his back yard. He also has a hosla garden and a three season porch and he
would prefer not to build a metal storage structure as this would affect the view of his backyard.
He indicated that if he built the garage to the east, this would cause problems for his next-door
neighbor.
Mr. Wahlberg noted he had lost storage space when his shed collapsed. Additionally, the 20 year
old carport was rotting and he had hoped to replace these structures with a permanent structure
rather than a metal building.
CounciImember Larson noted that, according to the minutes of the Planning Commission
meeting, the intent of the garage was uncertain. He asked Mr. Wahlberg if the purpose of the
proposed garage is for storage or car parking. He also asked if Mr. Wahlberg is currently parking
two vehicles in his attached garage.
ARDEN lULLS CITY COUNCIL - FEBRUARY 22, 1999
4
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Mr. Wahlberg explained that he currently has three vehicles, one is driven only in the smnmer
time. In order to get one vehicle out of the garage, he must first remove the other vehicle. He
considers the garage to be one and one-half car rather than two car.
.
Mr. Wahlberg noted that the carport had been an original part of the property. This carport had
been considered an asset as it had been used by two other families prior to him over the last 15 to
20 years. He removed this asset because he had assumed he would be able to replace it with a
more substantial structure.
CounciImember Aplikowski asked how much of a variance is being requested. Ms. Randall
explained that the variance would be for 20 feet. Because the home is on a comer property, both
comers require a 40-foot setback from the property line. She noted that the applicant did jog the
proposal back slightly in order to stay in line with the property line.
Councilmember Aplikowski asked if the proposal is to replace the existing garage or to add onto
it. Ms. Randall explained the existing garage would stay in place. The new addition would be
located in the area of the old carport.
Mayor Probst asked if historical information was available as to why the home was built in its
current location. He wondered if it had been a function of re-platting. Ms. Randall stated that it
had been a function of re-platting. She indicated that at one point the setback requirements in .
some areas had been 20 feet and this had been changed to 40 feet.
CounciImember Aplikowski asked if there would be an opening between the existing garage and
the new addition. Mr. Wahlberg stated that there would be a walk through exit door to the new
addition.
CounciImember Aplikowski confirmed that the purpose for the addition would be for parking a
car in the front portion and storage in the rear. Mr. Wahlberg stated this was correct.
CounciImember Aplikowski stated that she would prefer the proposed addition be built, rather
than a metal storage unit be placed in the backyard.
Councilmember Rem confirmed that approximately two-thirds of the existing home is behind the
current setback. Ms. Randall slated that this was correct and noted it is not an unusual situation
for older homes.
CounciImember Rem noted that the proposed addition would not extend further into the setback
area. She indicated that she had driven past the home and she believes that the addition would
not extend out any further than the home currently does. She concurred with CounciImember
ApIikowski's concern that the Staff's suggestion of a metal storage shed is not a value adding
option. .
CounciImember Malone stated that he can understand the argument that the addition would not
encroach into the setback any further than the home. The problem is that the applicant must
f
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demonstrate a unique situation with the property, the fact that there are no other options, and a
hardship for the variance to be granted. The Council must consider the fact that there are other
options available for the location of additional storage. He stated that the applicant has not
demonstrated a hardship and he cannot support the variance request.
Mayor Probst concurred with Councilmember Malone. He agreed that there are other places
available where the structure could be located without creating a hardship. He expressed his
concern that if the variance were granted, this may be setting a precedence and it would be
difficult to maintain consistency.
Mayor Probst noted that the Planning Commission had looked for a logical basis to approve the
request, however, they were unable to come up with one. Because the applicant has not been
able to prove a hardship, he would be inclined to endorse the recommendation of the Planning
Commission.
Counciimember Larson concurred with the Mayor's comments. He agreed that the proposed
addition may be an aesthetically preferred solution, however, since there are other areas available
for the structure, the City cannot grant variances for aesthetic reasons alone.
CounciImember Rem noted that the applicant was hoping to replace the lost storage shed as well
as the carport. She asked if just the carport could be replaced. Mr. Ringwald explained that,
since the carport was a legal nonconforming use, if the structure is destroyed, it must meet the
new setback requirements. Under the Code this would be the same situation for the home if it
were at least 50% destroyed.
Councilmember Aplikowski confIrmed that if the addition were built behind the setback line,
within the buildable area, the applicant would not need a variance. Ms. Randall stated this was
correct. Counciimember Aplikowski asked if this option would be possible.
Mr. Wahlberg explained that this option would not look right with the home. He noted that, ifhe
had not removed the carport and had simply replaced some boards, he could have continued to
use iff or the next 15 years. He stated that the requirements of the Code do not support upgrades,
rather it encourages the maintenance of shabby structures.
Mayor Probst stated that it is not the position of the City Council to support the deterioration of
the community. He stated there are Ordinance requirements which have to be met and he is not
compelled to fmd a hardship in this case.
Counciimember Malone noted that it is unknown whether the carport had been built with a
building permit. Mr. Wahlberg stated the carport had been built approximately 20 years ago.
Counciimember Malone asked if Mr. Wahlberg was the homeowner at that time. Mr. Wahlberg
stated he was not. He has owned the home for approximately eight years.
Counciimember Malone reiterated that the carport may have been built without a building
permit, or it may have been when the 20-foot setback requirement had been in place. He stated
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ARDEN HILLS CITY COUNCIL - FEBRUARY 22,1999
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the City is often faced with situations where the Zoning Ordinance must be changed. When this
occurs, the existing structures are allowed to remain as is. When the existing structures are
replaced, they must meet the new Zoning Ordinance requirements. He noted that Mr. Wahlberg
was correct in that he could have simply replaced the rotting boards and continued to utilize the
carport.
Mr. Ringwald stated that nonconforming uses are allowed routine maintenance. Any additional
changes would require compliance with the Code.
MOTION:
CounciImember Malone moved and CounciImember Larson seconded a motion to
deny Planning Case #98-30, Comer Side Yard Setback Variance (19 feet 9 inches
proposed, when 40 feet is required) for an attached garage (storage space), based
on the "Findings - Comer Side Yard Setback Variance (garage)" section of the
Staff report dated February 3,1999. The motion carried (3-2, Councilmembers
Aplikowski and Rem opposed).
2.
Planning Case #98-37, Thomas Delich, 3403 Lake Johanna Boulevard,
Variance, Front and Side Yard Setbacks
Due to conflict of interest concerns, Mayor Probst did not participate in the discussion of this
Planning Case. Councilmember Aplikowski filled in as Acting Mayor. .
Ms. Randall explained that the applicant is requesting approval of a side yard setback variance
(five feet one inch proposed, when 10 feet is required) and a front yard setback variance (30 feet
proposed, when 40 feet is required) for a house addition on a single family lot zoned R-2.
The applicant currently has an 18 by 20-foot, two level (720 square feet) home with one
bedroom, bathroom, kitchen and living room. The existing home is set very close to the Lake
Johanna Boulevard right-of-way. In fact, the entire existing house is located with the required
front yard setback. The deck on the front of the home is four feet from the Lake Johanna
Boulevard right-of-way line and the house is ten feet from the right-of-way line, when 40 feet is
required. The house is approximately five feet from both side yards when 10 feet is required on
one of the side yards.
The proposed house at 1,440 square feet is a reasonably sized home for the neighborhood in
which it is located and modest for the community it is located in. However, the basic question in
this request is not whether the home is reasonably sized, but given the extent to which the home
is being modified, should the entire house be made to meet the current setback requirements.
The applicant has considered the Planning Commission comments pertaining to demolishing the
existing home and building behind the 40-foot setback, thus eliminating the need for the front
yard setback. The applicant staked the approximate location of a home behind the 40-foot .
setback. The applicant has submitted letters from himself, as well as his builder, expressing
concerns with removing the existing home and building behind the 40-foot setback.
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Ms. Randall advised the Planning Commission recommends denial of Planning Case #98-37,
Side Yard Setback Variance (five feet one inch proposed, when 10 feet is required) and a Front
Yard Setback Variance (30 feet proposed, when 40 feet is required) for a house addition, based
on the "Findings - Front and Side Yard Setback Variance" section of the Staffreporl dated
February 3,1999.
Counciimember Rem asked if a map or diagram was available depicting the topography of the
site. Ms. Randall stated the topography map was included as the last page of the Planning Case
packet.
Mr. Tom Delich, 3403 Lake Johanna Boulevard, stated he had considered the Planning
Commission's suggestion to remove the existing home. He stated this would cause a great
fmancial difficulty for him as this would require an additional $25,000 to $100,000 be spent on a
new home plus the removal of the old home. He indicated that the proposed addition is small
request.
Mr. Delich noted the applicant in the previous Planning Case had not been asked to tear down his
existing home, even though it was nonconforming. He indicated his home is a strong, sound
structure and he would prefer to not remove it.
Councilmember Malone stated he appreciates the dilemma of the applicant, however, this request
causes a dilemma for the City Council as well since the property is so narrow. He agreed that
Mr. Wahlberg was not requested to remove his home, however, Mr. Wahlberg was not proposing
a major change or addition to the home. Councilmember Malone also noted that Mr. Wahlberg
was asked not to build the structure due to Code requirements.
Councilmember Malone stated that in this Planning Case the entire home is outside the setback
requirements and noted it too may have been built prior to zoning Codes being established. He
indicated that the City may not have platted the area and the existing situation had been
grandfathered in. The Code allows the existing structure to remain until major changes are
proposed. With any major changes, the structure would be required to meet the current setback
requirements.
Councilmember Malone stated he would be hard pressed to allow the applicant to invest a great
deal of money as the City would prefer for a lot of this size be merged with the neighboring lot.
He indicated that it would be difficult to grant a variance when doing so would make a bad
situation even worse. He stated that he could fmd no grounds to disagree with the
recommendation of the Planning Commission.
Councilmember Larson asked if the applicant owns the property or if the purchase was
contingent upon the approval of the variance request. Mr. Delich stated he currently owns the
property.
Councilmember Larson stated that he concurred with Councilmember Malone in that this would
be a significant infringement into the setback along Lake Johanna Boulevard. He stated he had
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reviewed the pictures of the proposed building area of the home if it were moved back. He noted
that the Plamring Commission meeting minutes had indicated the applicant felt there would be
problems with this option due to the location of the driveway. He stated that it was not clear to
him that this could not be done. He noted, however, he did understand the financial difficulties
of this option for the applicant.
Mr. Delich stated that a number of other points had been brought up in the letters from himself
and the builder. He indicated that, due to the problems with water runoff and the unusual lot
shape, the property calls for a variance. Any changes in the location of the home may result in a
pool of water in front of the home. Additioually, four out of the six mature trees on the lot would
need to be removed.
Mr. Delich stated that he had researched the requirements for granting a variance and he feels his
circumstances meet these requirements. He indicated that he had been attempting to construct a
minimum amount of additional living space and a bedroom. He noted the Planning Commission
had been concerned that he would want to build additional structures to the rear of the home in
the buildable area and he stated that this was not his intent.
Mr. Delich stated that he understands that the City would prefer for the lot to be merged with
another, however, he has an amount of money invested into the property and he does not want to
lose this investment. He reiterated that he is not proposing a huge home, he is only hoping for a .
reasonable amount of living space. He indicated that, although the drawings appear to depict
large rooms, the location of the stairwells limit the amount of living space in the home. Mrs.
Delich pointed out that there is currently no closet space or laundry area in the home.
Mr. Delich stated that he and his wife are just starting out and they do not need alot of room and
he had attempted to limit the size of the addition. He reiterated that the suggested option by the
Planning Commission is not reasonable due to the size and shape of the lot and his financial
situation.
He indicated he had worked with the Staff in order to come up with other options and was not
successful. He feels that this creates a hardship to justify the variance.
Councilmember Rem stated that she had driven past the home and the topography of the property
would suggest that the existing home had been built on the only buildable area on the lot. She
agreed that there may be a drainage issue with the relocation of the home. She expressed her
belief that, if the City wants these smaller lots to be merged with others, the City should prevent
the sale of them. She felt is was not acceptable for the City to allow the property to be bought
and then require the home to be tom down.
Ms. Denise Probst, 3395 Lake Johanna Blvd, stated she is a neighbor of the applicant and she
was concerned that the applicant had suggested this was a starter home and may not live there .
permanently. She expressed her concern that if the variance were granted and the home was
sold, the new homeowner may want to add onto the building to the rear.
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Ms. Probst stated the history of the property is that the area had been a lodge with cabins. She
indicated that when the property had been developed with new homes, some of the cabins had
been removed to make way for the new homes. The home in question was one which had
remained. She noted the neighbor to south of the applicant has a similar situation and has not
requested variances for new construction. If this variance is granted, the neighboring homeowner
may wish to add on to her home as well which will only extend the life of the small cabins.
Ms. Probst stated the applicant purchased the home as is and wondered if a home should be
purchased expecting a variance, or should the purchase be contingent on the approval of a
variance.
Mr. Delich stated that he had spoken with his neighbor to the south and she had indicated that
she had applied for a variance for a garage. However, since her home is situated over the
property line the variance was not granted and she did build a carport.
Mr. Delich explained that, when he had used the term starter home, he did not mean that he had
plans to sell the home.
Acting Mayor Aplikowski asked if the home is large enough to live in comfortably at this time.
Mr. Delich stated it was not. He pointed out that the home had been a rental unit over the years
and had not been well maintained. He indicated that when he purchased the home his intent was
to take care of the properly and improve it. He stated that he has already done some work on the
inside and had hoped to be a good neighbor. If the he is forced to sell or rent out the home, it
may not be well taken care of.
Mr. Delich stated that he lives in a rough part of Saint Paul and he and his wife were hoping to
improve their living situation.
Acting Mayor Aplikowski expressed her understanding of the applicant's wish to improve the
existing home. She stated that she wished she could approve the variance request, however, it
would not be safe for the neighborhood.
CounciImember Malone stated that the intent of the City Council is not to give the applicant a
difficult time. He indicated that for the City to allow these nonconforming structures to get
bigger would not be acceptable and the rules of the variance would not allow it.
Councilmember Malone stated that he wished the applicant had requested the variance prior to
purchasing the home in order to have been informed of the situation before making a financial
investment. He reiterated that the City Council is not trying to be difficult and he does
sympathize with the applicant's situation. However, the applicant had not met the grounds for
granting a variance.
MOTION:
CounciImember Malone moved and CounciImember Larson seconded a motion to
deny Planning Case #98-37, Side Yard Setback Variance (five feet one inch
proposed, when 10 feet is required) and Front Yard Setback Variance (30 feet
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proposed, when 40 feet is required) for a house addition, based on the "Findings -
Front and Side Yard Setback Variance" section of the Staff report dated February
3,1999. The motion carried (3-1, CounciImember Rem opposed).
Acting Mayor Ap1ikowski noted that there may be other options for adding living space other
than relocating the home. She suggested the applicant explore any other possibilities. Mr.
Delich stated he had looked into every other option he could think of and asked if the City
Council had any suggestions.
Councilmember Larson stated that the only suggestion he had would be to secure the financing to
build behind the setback line. He noted, with relation to the other properties in the area, this
home sticks out like a sore thumb. He pointed out that, if Lake Johanna Boulevard were widened
in the future, it would bring the road very close to the house. He indicated that the intent of the
Comprehensive Plan is to bring any structures which are not in compliance with the zoning Code
into conformance. If the variance were granted as proposed this would be allowing an addition
onto a home which is substantially out of compliance.
Mr. Delich referred to Acting Mayor Ap1ikowski's comment that the proposed addition would
not be safe for the neighborhood and noted, if the house were relocated as proposed, it would be
located within 10 feet of the alley which is not safe. He stated that he could not understand how
he could be denied the variance when there are no other options available. .
Councilmember Malone stated it is not the responsibility of the City Council to provide other
options. He indicated that the Code requirements are in place to ensure the general welfare and
public safety of the City. When an applicant requests approval for a variance, they must
demonstrate an extreme hardship in order for the variance to be supported.
Mr. Delich expressed his belief that the research information he had submitted had not been
reviewed. He stated that he did not understand the objections and felt there would be no
objections had the research been read. He stated that he must accept the idea that he was being
asked to relocate his home to within 10 feet of the alley.
CounciImember Larson stated he had read the information supplied by the applicant and he
drives past the home everyday. He agreed that the size of the lot creates a difficulty and this is
one condition which must be met for the granting of a variance. However, there are other
conditions which must be met as well. He stated that no one is automatically entitled to a
variance and there are other alternatives to the proposal. He expressed his understanding that the
other options may not be financially viable at this time and suggested the applicant may have to
delay the project for however long it takes to save enough money.
Mr. Delich noted that the Planning Commission had a difficult time in denying the request and
had suggested he look into another option prior to having the City Council consider the proposal. .
He indicated that he had done as he was asked and the fmancial issues are not the only reasons
why the relocating the home is not reasonable. A number of trees would have to be removed and
he would prefer for these to be preserved. He noted, if the mature trees were removed it may
ARDEN HILLS CITY COUNCIL - FEBRUARY 22,1999
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undermine the root system of the hill. The builder who reviewed the property agreed that it
would be difficult to construct a new home due to the lot size and configuration hardship.
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CounciImember Larson agreed that it had not been an easy decision for the Planning
Commission and noted it was not an easy one for the City Council to make either.
3. Planning Case #98-36, City of Arden Hills, Adult Use Ordinance Discussion
Mr. Ringwald presented the City Council with a bench handout depicting a minor modification
to the Ordinance included in the agenda packet. The modification specifies the place in which
the Ordinance is to be located within the City Code.
Mr. Ringwald stated that the Planning Commission and City Staffhave spent a great deal oftime
creating the proposed Ordinance #31 I which would restrict adult uses within the City. The City
Council on March 9, 1998, adopted Ordinance #305 placing a one year moratorium on the sitting
of adult use establishments within the City of Arden Hills. This was to allow Staff to conduct a
study and forward the conclusions of that study to the Planning Commission and City Council
for consideration.
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The Staff previously provided the Planning Commission and City Council with studies
completed by other cities and other information sources related to the regulation of Sexually
Oriented Businesses. This information was the basis for how the Ordinance was developed.
The Staff finds the characteristics of Arden Hills are substantially similar to those of the cities
cited by the report when considering the affects of adult uses.
The Staff finds that adult uses may have adverse secondary affects and these will diminish by the
adoption of the regulations and allowing a reasonable opportunity for these uses to occur within
the City. The Supreme Court of the United States, based on freedom of speech, prohibits
municipalities from eliminating these uses from any community. Although these businesses
have the right to locate within a community, the City has the right to dictate the time, manner and
location in which they exist.
The Planning Commission has stated that the adverse secondary affects are probable to occur and
it would be in the City's best interest to adopt the resolution limiting them.
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At the January, 1999 Workshop, the Planning Commission had presented Staff with a number of
questions which the Staff addressed at the February 3, 1999 Planning Commission meeting. At
the Planning Commission public hearing in February the Planning Commission adopted two
general modifications to the Ordinance. One was that the Bethel College B-1 Zoning District be
eliminated on the reliance that the B-4 Zoning District would meet the judicial requirements of
providing a reasonable opportunity for these to locate. One of the basis's for this decision was
the City of Crystal case in which a lower percentage of available space passed judicial review.
ARDEN HILLS CITY COUNCIL - FEBRUARY 22, 1999
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The City of Arden Hills has very limited Business Districts within the community which all~w!
a very limited area within the community in which these uses could locate. Since the Business
District is the most appropriate place to locate these uses, the Planning Commission and Staff are
proposing to regulate them to the extent that they would be located in 6.3% of the Business
Zoning District. The B-4 Zoning District is located on either side of Dunlop Street, south of Red
Fox Road and north of Grey Fox Road.
The other modification requested by the Planning Commission was an enhancement to the
definition of corporations. It was requested that this definition be expanded to include
partnerships, limited liability corporations, trusts, and other business entities. The intent of this
was to ensure it was clear that any sort of business may fall under this regulation.
The Staff has made these modifications and presented the Ordinance to the City Council in its
agenda packet.
Mr. Ringwald advised that, based upon the evidence fmdings in this and other previously
supplied reports, related to the affects that Sexually Oriented Businesses would have on the City
of Arden Hills, the Planning Commission recommends approval of Ordinance #311 and to direct
the publication of an Ordinance summary in the City's Official newspaper.
Mr. Ringwald noted that a four-fifths majority of the full Council is required for action to amend .
the Zoning Ordinance.
Councihnember Larson asked where the specific change was located in the bench handout. Mr.
Ringwald explained it was on the first page, third paragraph from the top, which began, in bold
letters, "Section 13.6-1." He noted this is creating a section 13.6 in the City Code.
Mr. Ringwald stated that the licensing section of the Ordinance only allows the issuance of one
license per building or parcel and that no more than three licenses be issued at anyone time. He
noted that the City needs to determine a license fee. This will be accomplished through
discussions with the Ramsey County Sheriff Department. He indicated that the fee typically
ranges from $5,000 to $10,000 and would be based upon the investigation costs incurred by the
City.
Mayor Probst noted that the update of these regulations have been in the process for a long time.
He stated the area of adult uses requires a rigorous effort to follow the appropriate steps and the
City is not to adopt standards above those of other previously accepted Ordinances. He asked if
the Staff is confident that these standards have been met.
Mr. Miller stated that, when the project begun, he had reviewed with the Staff various city
Ordinances from approximately a dozen different cities. The Staff also reviewed case laws and
attempted to develop an Ordinance which would withstand judicial scrutiny as the subject .
continues to evolve.
ARDEN HILLS CITY COUNCIL - FEBRUARY 22, 1999
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Mr. Miller stated he used the basic core of an Ordinance and include bits and pieces from other
City Ordinances. He noted that approximately 90% of the City Ordinances are essentially
identical. The creation of the Ordinance involved the copying of other Ordinances as it had been
determined that if the Ordinances are working for other communities they would work for the
City of Arden Hills as well.
Mr. Miller stated there is no guarantee that any Ordinance will withstand judicial scrutiny,
particularly when it involves the First Amendment. The attempt by Staffwas to make a
reasonable determination of how much land must be allowed for these uses. The Staffhad to
consider how much area in Arden Hills is dedicated to industrial and business uses. Another
consideration is for an area which is easily buffered from sensitive uses.
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Mayor Probst asked if Staff had any concerns for providing an attractive location for these uses
to locate. Mr. Ringwald stated that the proposed location is not attractive for these types of uses.
Arden Hills in general is not attractive as it does not have much commercial area. The major
commercial area is Lexington Avenue and Country Road E which does not carry a great deal of
regional traffic through it. These uses tend to prefer to locate along high volume roadways and
the proposed location does not provide this. This is a result of having to buffer the adult
establishments from sensitive areas. Since there is a great deal residential area in Arden Hills it
would be difficult for this type of use to locate within the City.
Mr. Miller stated that one concern which had been raised by the Planning Commission had been
to not allow the area to become a red-light district. This was addressed by a modification to
allow only one use per building or parcel. He noted the Courts do not require a City to have
adult use establishments and whether or not they locate in the City would be a function of the
market place. This was the reason for eliminating the Bethel College B-1 Zoning District. It was
determined that the market would not support this type ofuse being located on the campus.
Mayor Probst referred to the summary which will be published in the official newspaper and
asked how explicit this summary will be. Mr. Ringwald stated the summary was included on the
last page of the agenda packet and it had been published for the public hearing.
Counci1member Malone stated that some may wonder why this Ordinance needs to be adopted.
He noted that the City must be concerned with the general welfare of the community. He pointed
out that other businesses are restricted, such as fast food establishments not being allowed to be
within a certain distance of each other.
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Councilmember Malone stated that, in reading the research, he too came to the conclusion that
these uses could have a negative affect on the community. He agreed that it would be
appropriate to adopt an Ordinance which would limit the impact. He expressed his belief that the
Ordinance would not be unduly restrictive.
Councilmember Larson asked, for example, if a Home Depot wished to develop a big box
establishment within the B-4 Zoning District, is the City required to keep available a certain
amount of space for adult uses. Mr. Ringwald stated these businesses must compete in the
ARDEN fiLLS CITY COUNCIL - FEBRUARY 22,1999
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market as any other business would. The City must only provide the opportunity for ~~ t: l'
compete to locate within it. He concurred with Councilmember Malone's comment that the City
restricts other businesses from being located within certain distance from each other.
.
Councilmember Larson asked what the basis had been to limit the number of licenses to three.
Mr. Ringwald stated it had been an issue of balancing the amount of area within the community
and the reasonable amount of space within the community as a whole.
Councilmember Larson suggested, when determining the fee for the business license, it should
take into consideration enforcement costs associated with policing this sort of use. Mr. Ringwald
stated there would be two different fees. One for the investigation and another for the license.
This is similar to the fee set for massage parlors.
MOTION:
Counciirnember Aplikowski moved and Councilmember Malone seconded a
motion to adopt Ordinance #311 and to direct the publication of an Ordinance
summary in the City's Official Newspaper. The motion carried unanimously (5-
0).
ADMINISTRATOR COMMENTS
Mr. Fritsinger stated that the reason Staff had postponed the EDA's consideration of the .
Indykiewicz property was largely due to the fact that the family's attorney was not available and
has not reviewed the changes to the purchase agreement. Attorney Filla had discussed these
changes with Staff on February 19, 1999 and at this time the Staffhas not reviewed the revised
document either.
Mr. Fritsinger stated that this may lead to the need for the EDA to hold a special meeting
between now and March 8, 1999. He suggested this meeting could be held at the end of a work
day.
Mayor Probst asked what the publication time is to announce a special meeting. Mr. Fritsinger
stated that it would be three days.
COUNCIL COMMENTS
Councilmember Larson commended the Planning Commission and Staff for their efforts on the
Adult Business Ordinance and their previous work on the Pawn Shop Ordinance. Mayor Probst
concurred and stated it had been a vigorous effort.
Councilmember Malone stated the Fire Department Benefit Association will be meeting
Tuesday, February 23,1999. He indicated one issue is the low pension limits. The pension pays
$25 per month with an upper limit of 30 months. He indicated that this time limit may be
amended.
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ARDEN HILLS CITY COUNCIL - FEBRUARY 22, 1999
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Councilmember ApIikowski requested a Workshop be held to discuss the number of Ordinance
variances being requested. She indicated these requests are difficult to handle and she thanked
the Staff for the effort put into researching the applications.
On the topic of the number of variances being requested, Councilmember Rem suggested the
City of Arden Hills consider an overlay of special provisions for particular neighborhoods within
the City. Mr. Ringwald stated that the Planning Commission had discussed this issue and noted
that, with the new GIS system, all the previous Planning Cases are being entered into a data base.
Once this is accomplished it may be possible to map out particular problem areas and determine
if it may make sense to do an overlay of the Ordinance. He noted the process is difficult for the
Staff as well as the City Council and, if there is a different process which would meet the same
objectives, it may be worth considering.
Mr. Ringwald noted the issue in the first Planning Case this evening, in which the comer yard
setback had been changed from 20 feet to 40 feet, is one which is presented often. He suggested
it may make sense to map these areas out to determine what changes may need to be made. He
noted most of the lots in these areas are large enough that they would not need to be combined.
.
Couneilmember Rem suggested reviewing how other older communities deal with these sort of
issues within their Ordinances.
Mayor Probst noted that there are several communities within the Twin Cities which have
adopted procedures related to the issues which were in front of the Council this evening. These
range from design manuals which provide ideas on how to update the older bungalow style
homes, to the extreme that the City of Richfield is buying property with small lots and using
creative ways to make one out of two lots, or two out of three lots. This makes available more
current lot sizes for new construction. He noted the issue of variances had been discussed by the
City Council on several occasions.
Councilmember Larson stated that it seems at least one-half of the Planning Cases being
considered by the Planning Commission are similar to those considered this evening in the sense
that people bought property without exploring what type of alternatives would be available to
improve the property. He suggested the City could be involved with the disclosure statement the
real-estate agent must make to the buyer. Although the disclosure often indicates the zoning, it
could include information regarding what would be required in order to improve the property.
Mr. Ringwald pointed out that surveys were not required for properties until the mid 1980's and
it is the older homes which tend to be the most difficult. He noted that, when Code enforcement
actions are occurring, the City does inform the real-estate agents in order for them to pass the
information on to a potential buyer. Many times homes are for sale for such a short period of
time it is difficult to catch up with them. If a potential buyer calls the City for information Staff
. would make them aware of any possible issues with the property.
16
ARDEN lULLS CITY COUNCIL - FEBRUARY 22,1999
/
/ ~t/ ~
Mayor Probst stated that the City of Roseville will be conducting a grand opening on
Wednesday, March 24,1999, from 6:00 p.m. until 9:00 p.m. for their skating rink expansion. He
indicated he would not be able to attend and invited anyone from the Council who may be
interested in attending to do so.
Mayor Probst stated that two Town Hall meetings are scheduled for Monday, March 1, 1999 and
Wednesday, March 3, 1999. He stated he will try to attend the meeting on Wednesday.
Mayor Probst stated that he had received an invitation for an all day Workshop with Metro
Transit on Saturday, March 6,1999. This Workshop is to discuss the transit planning activities
for the area. He invited anyone on the Council who may be interested in attending to do so.
Mayor Probst stated that he had spoken with General LeBlanc to discuss the status of the activity
north of Highway 96. While General LeBlanc did not have a firm date, he did indicate that the
expectation is still to hold a transfer ceremony by March 15, 1999. Mayor Probst stated he will
be on vacation at this time and asked that if any Councilmembers are called to attend the
ceremony they do so. He indicated he had also discussed the lease issue and General LeBlanc
had made it clear that the National Guard will do whatever it takes to ensure that this happens.
ADJOlJRN
MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a
motion to adjourn the meeting at 9:07p.m. The motion carried unaniInously (S-
O).
Brian Fritsinger
City Administrator
Dennis Probst
Mayor
~OTICE OF Mli'.F.TINGS
The next regular City Council meeting will be held Monday, March 8,1999 at 7:30 p.m. at the
Arden Hills Council Chambers.
.
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CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 03108/99 COUNCIL MEETING
CLAIMS PAID SINCE LAST COUNCIL MEETING 102122/99)
15512
t5513
15514
15515
]5516
]5517
15518
155t9
15520
t5521
15522
15523
t5524
02123/99
02123/99
02123/99
02123/99
02123/99
02123/99
02123/99
02123/99
03/01/99
03/01/99
03/01/99
03/01/99
03/03/99
':" ":' ':~Mt'WrgM:@.::~k4&Nr.gH*fu:-::W:=:~\tg/~. ~t:.:~.;, .
, t:;::tn~~.:::1:~i%~h*'xs?:w:wrn:r*:>.~t:~:y:~wM\~~~
E.Z Re clin
Fortis Benefits
Mn Recreation & Park Association
Munici at To C an
Post Terrance
Software Tailors
Total Entertainment
Tower As halt, Inc.
AMB Pro C ration
Public I ees Retirement Association
ICMA Retirement Trust - 457
State Ca itol Credit Union
Fortis Benefits
47t4.00
396.00
155.00
185.00
325.05
t62.50
100.00
159.06
4 328.00
3 085.00
1 879.58
5 260.88
107.17
Subtotal. Paid Claims
20857.24
Paid Claims From Above -
20,857.24
Add Unpaid Claims, Page 3 of 3 -
47 126.50
Total Accounts Payable Claims
for CouDtil Approval, 03/08199-
67983.74
Note: Checks for unpaid claims totaling $284,463.81 were mailed
on February 23, ] 999 after approval at the February, 22nd
Council Meeting. They were check numbers 15455 - 15511.
This sequence corresponds to unpaid temporary numbers
T1 - T57. Check numbers 15453 - 15454 were nsed for
alignment.
PAGE10F3
Fe Service
Short Term Disabili Jan & Feb
1999 MRP A Membershi - T. Petersen
E Hunt Sn lies
Milea e & Ex ense Reimb. Air-GFOA Con
Network Su ort
D it-Cummin Park Perfonnance-6/05/99
Road Patch Material
March RentlGen 0 in E enses
First March Pa 11
First March Pa 11
First March Pa 11
Short Term Disabili March
....Jyi_..._bI6'...im.1
"
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 03108199 COUNCIL MEETING
PAGE 2 OF 3
c
.
UNPAID CLAIMS REGISTER:
.ti*i" '...-..".:."...:.... . ". ': :..W~tn}fklWMtHKkHi\Mh\{#@?:~1~t_~tt0m ....:.. . . :~tH~%:~~;::~~%;1t}1%\M~*t~*W;tmiWJ1~
'.. .~:: :x:~:::
TOt 03109/99 Accurate Press Inc_ t 064.90 Printin. Chan!es
T02 03/09/99 Airtouch Cellular 82.08 Cellular Phone Char.es
T03 03/09/99 AnderbUf1!.Lund Printin. Co. 2420.75 Sorin. 1999 Recreation Guide
T04 03/09/99 Beisswen~er's How-To Store 37.24 Februarv Purchases
T05 03/09/99 Berres Sandra 15.19 MileaJ2:e Reimbursement
T06 03/09/99 Bill's, Inc. 177.12 Portable Toilet Rental - Rinks
T07 03/09/99 Boltman, Jennifer 330.00 Dance Instructor. Feb
T08 03/09/99 Brunn LuAnn 240.00 Februarv Cieanin. - Citv Hall
T09 03/09/99 BRW, Inc. 17,324.39 Ene:ineerin2 Services
TlO 03109/99 Burwell Lynn 415.00 Dance Instructor - Feb
TII 03/09/99 Camas/Shielv Division 1816.13 De-Icin. Sand - Streets
Tl2 03/09/99 Cornorate Exnress 255.56 Office Sunolies
Tl3 03/09/99 Electronic Interiors, Inc. 806.60 Professional Services. New City Hall
Tl4 03109199 Everoreen Land Services Co. 375.51 Consult Services 2/01-2/15
Tl5 03/09/99 Fireside Comer 25.50 Refund - Pennit #98-20t
Tl6 03/09/99 Fritsinger, Brian 41.10 ExPense Reimbursement
Tl7 03/09/99 GME Consultants, Inc. I 987.00 Citv Hall - Geotechnical Exoloration
Tl8 03/09/99 Grain..... Inc. 24.90 Air Re2IPressure GaUlle
Tl9 03/09/99 Hanzalik, Sharon 150.00 February Newsletter - Editor
T20 03/09/99 HanDv Faces Entertaimnent 190.46 Deoosit- Cwnmin.. Park 6/05
T21 03/09/99 Hvdro Suoolv Co. 1936.17 (24) BMI.0270 M25B Water Meters
T22 03/09/99 ICI Dulux Paint Centers 106.28 PaintIRollersIBrushes
T23 03/09/99 Indeoendent School District 1#;21 95.00 Be. Excel- Svlko - 4/14 - 4/22 13.sessionsl
T24 03/09/99 International Conference of Buildiol!: Officials 95.00 Class A Member Dues - Scherbel
T25 03/09/99 Kath Auto Suoolv 344.20 February Purchases
T26 03/09/99 Lillie Suburban Newsnaners 399.76 Le.al Notices
T27 03/09/99 MASWCD 50.47 MN Wetland Administrative Manual
T28 03/09/99 McDonald Batterv Comoanv 49.95 Toro Batterv #4995
T29 03/09/99 MN Deoartment of Health 23.00 Water Onerators Renewal - Saxe
T30 03/09/99 Morton Salt I 647.07 Road Mix (563 Tons)
T31 03/09/99 NCPERS GrollJ) Life Insurance 45.00 PERA Life Insurance - March
n Subtotal- Unoaid Claims 32,571.33 II
.
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CITY OF ARDEN HILLS
ACCOUNTS PAY ABLE CLAIMS REPORT
TO BE APPROVED AT 03/08199 COUNCIL MEETING
PAGE30F3
UNPAID CLAIMS REGISTER:
_~~~~}:,%'~~~:::t:::1WW~~~::Wt;m~Wr:~fDw:::~rt .... ":~. .~~< :.:. "',- ... . . '~%WW~nmf.W~;t=m~W::::;~.xt:.:::%WN.~~~e#~
D2 03/09/99 New Bri.hton Parks & Recreation Dent. 125.00 Christmas Tree Recvclin.
D3 03109/99 Nextel 118.26 Cellular Phones
T34 03109199 North Metro Insnection. Inc. t 372.00 1998/1999 Electricallnsnections
T35 03109199 Northern States Power Cornnanv 4 608.77 Febru"rv Service
T36 03/09199 Petersen Tracv 237.77 Mile".e!EX;;;;;se Reimbursement
T37 03/09199 Pron Rec & Rev - Revenue 1,270.55 Diesel Fuel & Unleaded Gas Purchases-Januarv
T38 03109199 Purchase Power 930.00 Posti..e - Meter
T39 03109/99 Radisson Hotel & Conference 686.41 1999 Council Staff Retreat
140 03109/99 Rent All Minnesota. Inc. 144.90 Sturnn Grinder - Rental
T41 03109/99 Ringwald, Kevin 57.65 Milea se Reimbursement
142 03109199 Rvder Student Transnoitation 150.00 Bus T...m8noitation - 2107/99
T43 03109199 Samuelson. Marv 8.00 Refund. Ouev
144 03/09199 Serco Laboratories 339.00 WaterTestin. 2110199
T45 03/09199 Sodexho Marriott Services 244.30 Rec~tion - TIl Meetil12
146 03/09/99 Stafford Dwavoe 33.t7 MileaQ:e Reimbursement
T47 03109/99 T.e. Field & Comnanv 466.00 Surety Bond - 1999
T48 03109/99 Team Works International Inc. 1 375.00 1999 Council Staff Retreat
149 03109/99 Time Saver Off-Site Secretarial 299.50 Recordin. Secretary - TIl Meetin./CC Meetin. 2122
T50 03109/99 TOD Temoorarv 608.00 T~ Ree~tionist - 2108 - 2112
T5t 03109199 Twin Cilv Unicvcle Club 60.00 Unicvcle Class
T52 03109199 US West CoullDlmications 902.72 Telenhone Service
T53 03/09199 Vansickle, M"rv 22.00 Refund-snOrts Hour
T54 03/09199 Walbrid.e David 125.00 Deoosit-Bi. Fun ShDw 6105199
T55 03109199 Waste Manaoement - Btaine 371.17 Waste Removal
Subtotal, Page 3 of 3 - 14,555.17
Pa.e 2 0f3 Brou.ht Forward - 32571.33
Total Unoaid Claims 47,126.50
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CITY OF ARDEN IDLLS
MEMORANDUM
DATE:
March 4, 1999
TO:
Mayor and City Council r:iJ
Brian Fritsinger, City Administrat~
1999 Business License Renewals
FROM:
SUBJECT:
Requested Action
The City Council is asked to consider the approval of additional 1999 Business License renewals.
BacklP'ound
Attached is a list of businesses who have completed the license renewal process for 1999. The
City Council approved a portion of the renewals at its January 4th, January 25th, and February 8th
meetings. Staffhas sent reminder notices to those businesses who have not yet responded to the
1999 renewal notices.
Recommendation
Staff would recommend City Council approval of the 1999 Business Licenses identified on the
attached sheet.
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CITY OF ARDEN IDLLS
MEMORANDUM
DATE:
March 2, 1999
TO:
Brian Fritsinger, City Administrator
Terrance Post, City Accountant@
Decertification of Tax Increment Financing (TIF) District No.1,
Round Lake Road Housing $County #3C)
FROM:
SUBJECT:
Background
Tax Increment Financing (TIF) District No. 1 (Round Lake Housing) was created on June 26,
1989. The maximum duration of this district is determined by statutory restrictions imposed by
Minnesota Statute 469.176, Subd. 1. The duration limits are essentially the lesser often (10)
years from approval date (i.e., June 26,1999) or eight (8) years from receipt of first tax
increment (i.e., June 30, 2001).
Budgetary Imnact
During the course of the last six (6) years, tax increment from this district has been essentially
used to help reduce the debt incurred to the Permanent Improvement Revolving (PIR) Fund in
the acquisition of the Kern Milling site by Tax Increment Financing District No.2 (Round Lake
Office). Decertification of Tax Increment Financing District was anticipated as part of the 1999
budgeting process by only budgeting first half property taxes ($18,500) in Fund No. 703, "TIF
District No. I Round Lake Housing..
Recommendation
Staff recommends that the Arden Hills City Council adopt Resolution No. 99-11, "A Resolution
Acknowledging the Expiration of Tax Increment Financing District No. I of the City of Arden
Hills," at the March 8, 1999 regular Council meeting.
Enclosures
CC/Kevin Ringwald, EDA Executive Director
Ehlers & Associates
".. , ~
II
CITY OF ARDEN HILLS
RAMSEY COUNTY
STATE OF MINNESOTA
.
RESOLUTION NO. 99-11
A RESOLUTION ACKNOWLEDGING THE EXPIRATION OF
TAX INCREMENT FINANCING DISTRICT NO.1
OF THE CITY OF ARDEN mLLS
WHEREAS, on June 26, 1989, the City of Arden Hills, (the "City") approved its Tax Increment
Financing District No.1, (the "District") within its Development District No.1, (the "Project");
and
WHEREAS, the Tax Increment Financing Plan for Tax Increment Financing District No.1
requires, pursuant to M.S. 469.176, Subd. 1, that the duration of the Tax Increment Financing
District No. I will be eight (8) years after the date of receipt by the City of the first tax increment
or ten (10) years from approval of the tax increment financing plan, whichever is less; and
WHEREAS, the receipt of the first tax increment was approximately June of 1993; and
WHEREAS, June 26, 1999 will be ten (10) years from the approval of the tax increment
fmancing plan, which is the lesser of the duration limits; and
.
WHEREAS, the City desires, by this resolution, to acknowledge the decertification of the
District due to its expiration, after which all property taxes generated by property within the
District have been and will continue to be distributed in the same manner as all other property
taxes beginning with the second half of taxes payable in 1999; and
WHEREAS, the remaining tax increment in the account for the District is budgeted to be
expended on current and future tax increment eligible costs in Development District No. 1 and/or
to be transferred to other Tax Increment Financing Districts.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills,
Minnesota that it acknowledges such action was taken by the County Auditor of Ramsey County
to decertify the District as a tax increment district and to no longer remit tax increment from the
District to the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 8th DAY OF MARCH, 1999.
ATTEST:
DENNIS PROBST, MAYOR
.
BRIAN FRITSINGER, CITY ADMINISTRATOR
'.
_ ..............._m.._.__.___
.
.
.
.
*PI OF-AROEN-HILLS
4364 WEST ROUND LAKE ROAD
ARDEN HILLS, MN 55112.5794
January 28, 1999
Chris Samuel, Deputy County Auditor
Ramsey County Property Records and Revenue
830 Government Center West
St. Paul, MN 55102-1696
RE: Advance Payment Request - TIF District #1 (3C)
Dear Mr. Samuel:
Our records indicate that Tax Increment Finance District No.1, "Round Lake Housing"
(Ramsey County Number 3C) is required to be decertified on June 26, 1999. As this date
is after the July tax settlement, the City of Arden Hills hereby requests that property taxes
collected from the May 15, 1999 due date for this TIF District be advanced to the City of
Arden Hills prior to the June 26, 1999 decertification date.
Please note that the Arden Hills City Council will be taking required statutory action to
decertify this TIF District by resolution at a later date. Your assistance in accommodating
this request will be most appreciated.
S:;d~ ;JP
TemmceR. Post
City Treasurer
CC/Brian Fritsinger, City Administrator
Kevin Ringwald, EDA Executive Director
PHONE: 1612J 633-5676 · FAX 1612J 633-7839
. ~
,
,
"
Decertification of TIF District #3C
Round Lake Housing
effective June 26,1999
HIGHWAYtl94
~
A
800
,
o
800
1600
2400
3200
4000 Feet
,
"I
...-...........
~
e
CITY OF ARDEN mLLS
MEMORANDUM
Date:
February 11, 1999
To:
Mayor and City Council 1:)
Brian Fritsinger, City Administrato~
From:
Subject:
West Round Lake Road, Phase 1 Contract
Backl!:round
The City of Arden Hills has followed all necessary steps to continue with the West
Round Lake Road, Phase 1, Improvement Project. On January 14th, 1999, eleven bids
were received and opened for the project, which was bid in four parts.
.
. The Basic Roadwav. including storm sewer and ponds, watermain, and sanitary sewer
. Alternate (A), removal of all excess soils from the Indykiewiczproperty
. Alternate (B), landscaping, including trees, shrubs, sod, seed, and irrigation to the
median area
. Alternate (C), paver bricks in the narrow areas of the median verses concrete
Bid Results
A low bid of $668,451.23 was submitted for the base project by Don Zappa & Son
Excavating of Blaine, Minnesota. The low bidder for this project changes as various
alternates are included, or not included.
If the Base Bid, and Alternate (B) were chosen, Don Zappa & Son would still have the
low bid at $730,116.23. If the Base Bid, and Alternate (A) would be chosen, Forest Lake
Contracting would be the low bidder at $752,560.05. Forest Lake Contracting would also
be low if the Base Bid and Alternates (A) and (B) were chosen with a bid of $794,725.05.
Bids for Alternate (C) from the four (4) lowest bidders, range from $8,388 to $10,092.60,
and do not change the order of the lowest bidders.
Don ZaDDa & Son Excavatinl!
City Staff and Engineer have no experience with Don Zappa & Son Excavating. Staff
does know the company has been around for twenty years or so and primarily does
smaller commercial projects. The City Engineer has asked for and received references
from developers, which have worked with the company, and the Public Works Director
has received a favorable recommendation on the company from another local excavating
contractor.
e
..
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~
Page 2
February 11, 1999
West Round Lake Road Contract
e
Forest Lake Contractinl!:. Inc
Staff and the City Engineer have worked with Forest Lake Contracting in the past and are
comfortable with the quality of the work that they have performed in other cities.
Dirt Removal
Staff did investigate the option of excluding Alternate (A) from the bids and try to find
another party to purchase and remove the excess dirt from the site. However, staffwas
unsuccessful in locating a contractor who would be able to complete this task in a fashion
financially feasible to the City. Including Alternate (A) in the award appears to be the
most expedite and feasible option available to the City.
Recommendation
Staff recommends the City Council adopt Resolution #99-07 accepting bids and
authorizing execution of contract in the matter of the improvement of West Round Lake
Road, Phase I. The adoption of this Resolution will award the West Round Lake Road,
Phase 1, Street Improvement Project, including alternates (A) and (B) to Forest Lake
Contracting at a project cost of $794,725.05.
The adoption of this Resolution should be subject to the Arden Hills Economic
Development Authority approving the Purchase Agreement with Indykiewicz family.
.
.
,
~
.
e
.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
RESOLUTION NO. 99-07
A RESOLUTION ACCEPTING BIDS AND AUTHORIZING EXECUTION OF
CONTRACT IN THE MATTER OF THE IMPROVEMENT OF WEST ROUND LAKE
ROAD, PHASE I.
WHEREAS, pursuant to an advertisement for bids for the improvement of West Round Lake
Road, Phase 1, in the City of Arden Hills, bids were received, opened, and tabulated according to
law, and the attached bids were received complying with the advertisement; and
WHEREAS, it appears that Forest Lake Contracting, Inc. is the lowest responsible bidder at
$720,560.05 for the base project, plus $42,165 for the landscaping alternate (B) and $32,000 for
the removal of dirt alternate (A), which reflects a total bid of $794,725.05.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARDEN HILLS, MINNESOTA:
1. The Mayor and City Administrator are hearby authorized and directed to enter
into contract with Forest Lake Contracting, Inc., as is approved by the City
Attorney for the completion of the improvement of West Round Lake Road, Phase
I, according to the approved plans and specifications designated by City
Resolution.
2. The City Administrator is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposits of the
successful bidder and the next lowest bidder shall be retained until a contract has
been signed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS
THIS 8th DAY OF MARCH, 1999
DENNIS PROBST, MAYOR
ATTEST:
e BRIAN FRITSINGER, CITY ADMINISTRATOR
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MEMORANDUM
BRW
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
To:
Brian Fritsinger /City Administrator
File: 37951-006-1001
From: Greg Brown /BRW
Date: March 1, 1999
Subject: Pay Estimate #2
Lift Station #3 Reconstruction Project
Background
The City of Arden Hills awarded Jay Bros., Inc. of Forest Lake, Minnesota the Lift Station #3
Reconstruction Project on November 30,1998. Jay Bros. low bid was $69,593.00. Payment #1
for $21, 420.41 was approved by the City Council on January 25, 1999.
Project Status
The contractor has completed the installation of the lift station pumps and electrical equipment
and the lift station is operational.
Remaining work on this project includes site grading and clean-up.
Recommendations
The Arden Hills City Engineer recommends the Council approve Pay Estimate #2 for Jay Bros.,
Inc. of Forest Lake, Minnesota in the amount of$39,253.00. A retainage of5% is being held for
the project.
"
APPLICATION FOR PAYMENT
NO. 2
Project
LIFT STATION #3 RECONSTRUCTION PROJECT
Owner CITY OF ARDEN HILLS
Owner's Project No.
Contractor JAY BROS., INC.
Application Date 3/08/99
BRW Copy /
City Copy
Contractor Copy
Inspector Copy
,
.
e
Engineer's File No. 37951-006-1001
For Period Ending
2/20/99
--------------------------------------------------------------------
--------------------------------------------------------------------
STATEMENT OF WORK
Original Contract Amount
$
$
$
Net Change By Contract Amendment
Contract Amount to Date
Total Amount of Work Completed to Date
$
$
Material Suitably Stored on Site but not
Incorporated into Work
Gross Amount Due to Date
$
$
$
$
$
Less 5.00% Retainage
Amount Due to Date
Less Previous Payments
Payment Due this Application
69,593.00
0.00
69,593.00
63,866.75
0.00 e
63,866.75
3,193.34
60,673.41
21,420.41
39,253.00
e
,/0
..
e I hereby certify that all items and amounts shown are correct for the work completed to date.
Contractor J~ Bros Inc.
BY~~
(Name andTitle) '\ \{ "\
<:t:.O
Date
-S - d- -- t:t~
The work on this project and the application for payment have been reviewed and the amount shown is
recommended for payment.
By
Date
') /;?/1cr
e
APPROVED FOR PAYMENT
Owner C.ity of Arden Hills
By
Date
(Name and Title)
e
r
.~
e
e
e
.~~~P~
MEMORANDUM
BRW
Thresher Square
700 South Third Street
Minneapolis, MN 55415
Phone: (612)370-0700
Fax: (612) 370-1378
To:
Brian Fritsinger/City Administrator
File:379510038001
If
From:
Greg BrownIBRW,
Arden Hills City Engineer
Date:
March 1, 1999
Subject: Pay Estimate #4
1998 Street Reconstruction and Maintenance Improvements Project
Rackfround
The City of Arden Hills awarded TA Schifsky & Sons, Inc. of North St. Paul, Minnesota the
1998 Street Reconstruction and Maintenance Improvements Project on April 27, 1998. T.A.
Schifsky & Sons low bid was $679,356.69. Change Order #1 was approved by the Council on
October 13, 1998 increasing the contract amount by $10,602.70 to $689,959.39.
Project Status
The Contractor has substantially completed the project. A punch list was developed last fall and
several items remain to be accomplished however they are relatively minor and should not
require much time this spring. Payment #4 includes items associated with trail work, sodding
and culvert replacement completed during late 1998 and also reflects "final" amounts of
materials utilized on the project per weight tickets provided by the Contractor and reviewed by
BRW for accuracy. It is anticipated that the final payment for the project will be approximately
$15,000.00 under the Contract Amount of $689,959.39.
It should be noted that the City has received $50,000.00 from Ramsey County for the Stowe
Avenue portion of the project. In addition, NSP Gas has provided a check for $6,120.00 for sod
work completed under the City contract in areas disturbed by NSP Gas crews as a result of their
relocation work.
Recommendation
The Arden Hills City Engineer recommends Council approve Pay Estimate #4 for T.A. Schifsky
& Sons, Inc. of North St. Paul, Minnesota in the amount of$5l,145.79. A retainage of 5%
($33,993.16) is being held for the project.
U:\WPDOCS\ARDENHIT..\1998STRT\PA YBSOO.MEM
,
.
SRW Copy ·
City Copy V-
Contractor Copy
Inspector COpy f
APPLICATION FOR PAYMENT
NO. 4
e
Project CITY OF ARDEN HILLS 1998 STREET RECONSTRUCTION
AND MAINTENANCE IMPROVEMENTS
Owner CITY OF ARDEN HILLS
Owner's Project No. Engineer's File No. 37951-003-8001
Contractor T.A. SCHIFSKY
Application Date 3/08/99 For Period Ending 12/31/98
--------------------------------------------------------------------
--------------------------------------------------------------------
STATEMENT OF WORK
Payment Due this Application
$ 679,356.69
$ 10,602.70
$ 689,959.39
$ 679,863.22
$ 0.00 e
$ 679,863.22
$ 33,993.16
$ 645,870.06
$ 594,724.27
$ 51,145.79
Original Contract Amount
Net Change By Contract Amendment
Contract Amount to Date
Total Amount of Work Completed to Date
Material Suitably Stored on Site but not
Incorporated into Work
Gross Amount Due to Date
Less 5.00% Retainage
Amount Due to Date
Less Previous Payments
.
.
.
,.
e I hereby certify that all items and amounts shown are correct for the work completed to date.
BCyontract~~A~ ~khifsky ,--,/
~_~L-dl~ bdL A.......,..)......I"-Date
(Name and Title) ,/
.., - ~ -'7"9
The work on this project and the application for payment have been reviewed and the amount shown is
recommended for payment.
By
Date
3/;}./I?
e
APPROVED FOR PAYMENT
Owner City of Arden Hills
By Date
(Name and Title)
e
r
,
e
e
e
I ~~~'~'GROUPro~~
MEMORANDUM
BRW
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
To:
Brian Fritsinger /City Administrator
File: 37951-006-0101
From: Greg Brown /BRW
Date: March 1,1999
Subject: Pay Estimate #)-
1998 Sanitary Sewer Rehabilitation Project
Background
The City of Arden Hills awarded Infrastructure Technologies, Inc. of Brooklyn Park, Minnesota
the 1998 Sanitary Sewer Rehabilitation Project on July 13, 1998. Infrastructure Technologies
low bid was $126,570.25. Payment #1 for $62,375.01 was approved by the City Council on
10/13/98.
Project Status
The Contractor has completed most of the work for this project. The remaining work for this
project is to finish sealing the 15" Compost Site sewer main and complete some minor site
clean-up. Sealing quantities on the all of the sanitary sewer lines have been substantially less
than anticipated.
Recommendations
The Arden Hills City Engineer recommends the Council approve Pay Estimate #2 for
Infrastructure Technologies, Inc. of Brooklyn Park, Miunesota in the amount of $28,585.59. A
retainage of 5% is being held for the project..
NO. 2
BRW Copy /"
City Copy II
Gontractor Copy'
Inspector Copy
e
.
APPLICATION FOR PAYMENT
Project
1998 SANITARY
CITY OF ARDEN
Owner CITY OF ARDEN
Owner's Project No.
Contractor INFRASTRUCTURE
Application Date 3/08/99
SEWER
HILLS
HILLS
REHABILITATION
Engineer's
TECHNOLOGIES, INC.
For Period
File No. 37951-006-0101
Ending
3/02/99
--------------------------------------------------------------------
--------------------------------------------------------------------
STATEMENT OF WORK
Original Contract Amount
$ 126,570.25
$ 0.00
$ 126,570.25
$ 95,745.90
$ 0.00 e
$ 95,745.90
$ 4,787.30
$ 90,958.60
$ 62,373.01
$ 28,585.59
Net Change By Contract Amendment
Contract Amount to Date
Total Amount of Work Completed to Date
Material Suitably Stored on Site but not
Incorporated into Work
Gross Amount Due to Date
Less 5.00% Retainage
Amount Due to Date
Less Previous Payments
Payment Due this Application
e
..
.
e I hereby certify that all items and amounts shown are correct for the work completed to date.
:~Flr~
(Name d Title)
Date
'J-;J-?l
The work on this project and the application for payment have been reviewed and the amount shown is
recommended for payment.
Date
3/3/77
By
(Projec . eer)
e
APPROVED FOR PAYMENT
Owner City of Arden Hills
By Date
(Name and Title)
e
.,
.
CITY OF ARDEN mLLS
MEMORANDUM
DATE:
March 5, 1999
TO:
Brian Fritsinger, City Administrator
Terrance Post, City Accountant@
Community Services Fuud
FROM:
SUBJECT:
.
BacklITound
When the City of Arden Hills adopted Ordinances in 1989, and in 1990, related to the
regulation oflawful gambling within the City, one of the regulations was the creation of
a Lawful Gambling Fund into which licensed organizations contribute ten (10) percent
of their net profit. A September 21, 1989, memorandum from City Attorney Filla, to
then City Administrator Berger, advised "the proceeds of the fund would have to be used
for lawful purposes which include public improvements and public services"
(Attachment A). However, as Attorney Filla points out in a recent memorandum on the
subject, "between 1990 and 1998 the definition of Lawful Purpose was amended a
number of times (Attachment B.) Of the traditional kinds of services the City of Arden
Hills normally engages in, the only types included in the current Lawful Purpose
definitional category are; 1) construction or maintenance of recreational, community and
athletic facilities intended primarily for persons under 21 years of age; and 2) police, fire
and emergency services.
Use of Fund Proceeds
The only regular, planned use of Community Services Fund proceeds in the last several
years has been an operating transfer to the Recreation Fund to subsidize operating losses
of program activities. While this is a Lawful Purpose type of use, the subsidy need has
been substantially less than the annual revenues of the Community Services Fund. This
situation has resulted in a preliminary 1998 year-end fund balance of approximately
$300,000.
New State ReportinlZ OblilZation
Beginning with calendar year ending December 31,1998, the legislature included a
reporting obligation on Cities or Counties, which had the 10% net profit dedication
requirement, to identify the manner in which the 10% dedication funds have been used
and, if a positive end-of-year fund balance, a brief explanation of why the budget
balance will be maintained. This reporting must be completed and submitted to the
Gambling Control Board by March 15, 1999.
.
,
1999 Budget ImDlications
The 1999 Budget assumed that a portion ($200,000) of the TCAAP implementation
planning phase would be funded via an operating transfer from the Community Services
Fund. Under the Miunesota Statute MS 349.212 Subd. A, this planned use does not
appear to fall within the list of Lawful Purpose activities. As Council recently
reaffIrmed its commitment to 1999 TCAAP planning at the recent Council/Staff retreat,
another funding source should be identified for these planning activities.
.
DiscussionIRecommendations
1. Staff recommends that Council consider authorizing a $300,000 unbudgeted
operating transfer out of the Community Services Fund to the General Fund as of
December 31, 1998. The purpose of this transfer would be to help subsidize police
protection services. On a preliminary basis, $606,927 has been expended in 1998 for
the delivery of those services from the Ramsey County Sheriff's Department. This
action would also eliminate the Community Services Fund balance as of December
31,1998.
2. Staff encourages a policy discussion by Council on utilizing future Community
Services fund revenues in 1999 and beyond, given current definitions of lawful
purpose activities.
Attachments
.
.
. I'
~/' WARREN E. PETERSON
Ii.. RONALD}. RlACH
J'i JEROME P. PllU
, DANIEL WITT FRAM
. GLENN A. BERGMAN
JOHN MICHAEL MILLER.
CASS S. WElL.
PE11lR L Sf. PETER. CPA
11MOTIiY J. HASSE1T
MICHAEL'T. OBERLE
BRlAN B. ELKlNGTONt
CLYDE c. AHLQUlSf
MOLLY T. SHIELDS
PETERSON, FRANKE & RIACH
PROFESSIONAL ASSOCIATION
200 ROSEDAl.E TOWERS
1700 WEST HIGHWAY 36
ROSEVIllE. MINNESOTA 55113
A 'I'"
~mc~1l\...~" L-
EV'EREttL PETERsoN
(19<>3-1982)
*AISO ADMITTED
IN WISCONSIN
tAlSO ADMITI1ID
IN TENNESSSEE
(612) 6'\6.6400
FAX NO. (612) 636-73'W
ST. PAUL OmCE
300MIDWESTFEDERALBUllDING
SO EAST FIFTH STREET
ST. PAl'!., MINNESOTA 55]0]
(612) 291-8955
FAX NO. (612) 228-17$3
OF COUNSEL
JEROME E. FRANKE
MELVIN J. SILVER
September 21,1989
Gary Berger
City Administrator
City of Arden Hills
1450 West Highway 96
Arden Hills, MN 55112
Re: Local Gambling Regulations
Our File No. 10163/891000
Gary:
Minnesota Statutes Chapter 349 contains provisions which
regulate charitable gambling within the State of Minnesota.
Unless a local unit of government adopts more restrictive
regulations, the State Gambling Regulations apply. When the City
of Arden Hills adopted Resolution 87-67, it required itself to be
more restrictive than State law becaus.e only nine (9) gambling
licenses can be issued within the City.
.
I have reviewed a draft of proposed Arden Hills Ordinance
249 relating to the regulation of. lawful gambling within the
City. The ordinance was presented for council review in 1987 but
was not adopted. Since then, there have been additional changes
to the State Regulations which may impact the manner in which the
City of Arden Hills wishes to regulate gambling. I am prepared
to revise the proposed ordinance but need ~ome additional imput
from you and the City Council in. the following areas:
1. The original ordinance would have eliminated a1"l
gambling after the year 1993. Does the City want to
fOllO\ij:his scheduleL ____
2. The original ordinance allowed the City to charge an
investigation fee of SlOO. 00. Does the City want to
include this provision in its regulations.
3. Current law permits the City to impose a local gambling
tax which may not exceed 3 percent of an amount equal
to the licensed organization's gross receipts less
prizes actually paid out by the organization. The
proceeds of the local gambling tax must be used to
defray the cost of regulating lawful gambling within
.
,
t\Tfi\d\t4blI A ~.~
.
PETERSON, FRANKE 8< RIACH
.
Gary Berger
September 21, 1989
Page Two
the City. If the gambling tax
investigation fee is not allowed.
to consider a local gambling tax?
is required,the
Does the City want
4. Some gambling acti vi ties are not required to be
licensed by State law (ie. raffles conducted by
organizations when the total prize money does not
exceed $750.00 per year). Does the City want to
require permits for those gambling activities which are
exempt from state Licensing?
5.
state law includes prize limits for bingo, pull tabs
and other gambling activities. Generally, total prizes
awarded at a bingo occasion may not exceed $2,500.00
and the maximum prize for a single pull tab may not
exceed $250.00. There are some additional
restrictions. Does the City wish to consider adopting
a more stringent prize schedule than the maximums
currently allowed by state law?
.
Current law permits the City to adopt regulations wh~ph
would require licensed organizations to contribute 10
percent their net profits to a fund which.~ould be
administered and regulated by the Ci ty .~e .proceeds
'Of the fund would have to be used for "lawful purposes"
which include publiC improvements and public . services.
If you any additional questions regarding the City's ability
to regulate gambling or specific provisions that may be includeA
in a proposed ordinance, please "let me know. Obviously, there .
are some routine reporting matters that would be included in any
regulation similiar to those in the previously prepared
ordinance.
6.
Very truly yours,
JPF/lcr
.
SENT BY: t't:rtKSON t]{AM BtKGMAN
3- 4-33 ; 4:34fM ;fETEKSON tKAM BtKGMA~ 5125337633:# 2/ 5
'4\PfM,", r\\e>, f, '1l\--
.. .. ...PETE~ I' , ,)Ol::ast"'l~~i~~..~
FRAM BED'GMAN St. Paul, MN 551QI-I197
N 16511291.R9~\
E"""'.....:fi.~~!lfirl.'''~li~~i 16SIl228'1753 toeslmlle
WOlre" R. Peteroon
laromc I! Fill~
Flanl41 Witt F'ram
Clenn A. Bergman
_Michael Miller
itCl'l:ol...:rle
'IInelh A. ^mdilhl
~V(!n H. Rnms"
PiEtul W. FiihninM
...ther E. McGinni.
Melvin J. Sliver, 01 Coun.el
Direct Dial #(651) 290-6907 .
March 4, 1999
Brian Fritsinger, City Administrator
City of Arden Hills
4364 W. Round lake Road
Arden Hills MN 55112
RE: Charitable Gambling Regulations
Dear Brian:
.
In 1989 the Minnesota Charitable Gambling Regulations were amended to allow the City to
require that a licensed charitable organization contribute 10% of its net profits to the City and
concurrently required the City to use the 10% dedication for lawful Purposes as defined in the
statute. In 1989 Lawful Purposes broadly included the cost of lessening the qburdens bom by
governmentorvoluntarilysupporting, augmentingor supplementing services which government
would nonnally render to the people."
Between 1990 and 1998 the definition of Lawful Purpose was amended a number of times.
I am enclosing a copy of the current list of lawful Purpose activities which is contained in MS
349.12, Subd 25. Of the kinds of activities that a City engages in, the only one that seems
to be included in the Lawful Purpose category is the construction or maintenance of
recreational, community and athletic facilities and activities Intended primarily for persons
under 21 years of age.
In 1998 the legislature amended the 10% provisions of the statute {MS 349.212, Subd. A}
by indicating that in addition to lawful purposes, the City can use the 10% dedication fund for
police, fire and emergency services. In addition. the legislature included a reporting obligation
which requires the city to annually identify the manner in which the 10% dedication1unds-
have been utilized.
If you have any questions, please contact me.
Very truly yours,
.
JPF:hck
encl.
Jerome P. Alia
"Read but not signed"
O^,,") I\n""n"rlo:l)IN WL'i('UNSIN
SENT BY: PETERSON FRAM BERGMAN
percentage of the 1O~
e, or other item whieb '
:e, or ollter ilem that is
eludes the advenisiulf
1 <Ioes not exceed five
~- pp.r organization. .
'the advertisil1ll to en. .
,ingo hanl c8Id <It bilt:
I ~ordance with IliIi
. ~.....
Idlering or SC8sion at
,
.. ~.
~
:;~
if
.#J}
~.
oetsuoal. ellcept gall>,
: 't'
umber of bi...o fJan:I
.Iltded 10 tbbrecoaled
eDges, consistbig ii(
'4<
....
"*' .
'.~'
ntrol board. ,
19 equipment for_
:exc::ludedutexempr i
ed on lite ticJret orlhe '*
Ol;lDber 1,.1989, 10 ~
;;~j
gauization eonduct- }!.
>me ta~es llnder see- to
, .
tamp affixed or bar. _ .
ol pull-=taba or tip-, .;.
irtg oltipboartIs. -".
lied as a free pIay 01'. ,
bingo hard canis or:
addlewbeeIs. padd- .
eIceu, and puIl-tab.
lIected from lawful. :
trizes.. .
d from lawful gam-.
tio~ lor prizes. ex-
1U9
f\1'i~~ l) 1,/
IlIl'II'JVL GAMIUNG AI\II) GAMItJNG mvtalll 34J.U
(2) the iclealgt'Olls of pulI--tab and lipboard deals or pItIeS leu lhe value ofunsold and
defecti"" tickets and before reduction forprizes, expenses. shottages, Ciee plays;or any olber
~hurp8 ur offsets; .. . .
(3) gross sales or ralfIe ticIcets and pllddIeticket.s before ledlu:lion lor prius. expenses,
"hortag"" free plays, orany olber eharges or oIlsels; . . " ,
(4) admission, COttlIDilIsion, cover, or other dI8rge$ imposed on panicipauts In lawful
fambling acti,.;ty as a condition for or CQ8t of padicipation; and '
- (5) i~ dividends, annuities, profitfrollt tt'lIIIOal:tians, orothetiueome derived from
the accumuiadon or II(Ie of gambling ptO<."eeda; . .. .
Gross teceipts does not incIudc proceeds from renlall1tlder section349.IM or 349.18,
~ubdivia.iOll J. . ;
SuM 22. Ideal.... "Ideal gmBlI" tncan5lhe Iota! _ of rtlCeip18 dult wovld be
f"ccivedifevery indivlduallide1:in the puII-tab ortipboarddeal wu oold atilll face value, In
the eldculatlon ofide.al gt'OIIS and prizes. a flee play Iicket sball be vaIned at.~ value.
Subel. 23. Ideal lid. "Ideal tlCt" means tltc poIl-tab cst tipboani deal's ideal JlOSS. ax
.Ietined under subdivision 22. Ie.. the tata! predetermined priZe _IS availoble to be paid
out. When the prize is not entirely a manewy .0D<l, the ideal net is SO pen:ent of the ideal
.. gCOMi. . . ", .
Subd, U. "Lawful gil!1lbU..... i. tile operailon. cunduct~$ale ofbirtgO, rames, paddle-
w"',c1s. lipboatds, and puII--tab., . . .
Sobel. 25, LawfltJ Jl1II1ItI8e. (a) "Lawful pIIrpOlle" meaDs one or rnOni oflhe folloWing:
(I) IIIlY expendiD1r\l by or contribution to a SOl (<<:)(3) or festival organization, Bll defined
in subdivision I Sa, provided lbal the Orgnni7AhDD and ellpetldilureorconoibutlon are In ""n-
ronnily with slattdanls prescribed by the board under section 349.1 54, which StaDdatds must
apply 10 bolb types of organizations in dle same lD8Jlt1er and 10 the same extent:
(2) a contribution 10 an individual or family suffering from poverty, homelessness. or
"hysical or mental disability. wblch i. used to relic"" the eff'ec1.; of that poverty, ho_lais.
ncss. or disability; . .
(3) a coul1:ibution to an individual for Irl:8tmenl for ddayed postlmuDatic: stress syn-
drome (IT a contribution 10 a pl'OgramRCOgoIzed by the MiDne801a depanment ofhuman ser-
vices for lite education, pnlveotiOll, or tn:almeDt of compulsive gambling; . '.
(4) a contributlOll 10 or eltpendimre on a public orprlvall: nonprofit edueational institu-
lion registen:d witll or ''''':redited by lbls swe or any o1lIer st8le;, .
(5) acontribution to a scbollll'8bip fit.... fordeftaying thecosluf education to individuaIs
where the funds one awanled thtougb an open and lair seleclion ptncell$;
(6) activities by an organizalion or a governmenl eml1y which n:cognlze bumanitarlan
<lr military servia: to the United Slales, the state of MiDne8ot8. or a community, subject to
rul.. of the boud, provided that !he rules mWll not lnc:lude lnileage reimbursemenbl in the
.OlbpUlltlion of the per occ:aslon reimbursement limit and muSt impose 110 allgtega!e annual
limit 011 the 8IllOQDt of lU8OD8bIe and -"'It)' expenditura nutde 10 support: .
(i) DJembers of a Inilltary IIlatdtlng 0< eolor gU8Id ltnit for ..,tivltles coodltcted within
~st8le;or. .
(Ii) members of UI cqiiiuzatlon solely for servlc:esperf~by tb.emembet$ 81 funeral c--
services;
(7) tIletealionaI. cnmmllmty. and athletic raclllties and IIClivilics inteJl<lc:d primarily for
flCrsons under 8ll" 21, provided tIIat such f8alilic. and activltles do not diac:rlminate Oil the
h,,-'is of gemler and the orpni7.atlon COtIlplietl with sectiOll 349. I 54:
(8) pa~ ofloca1_ authorized under this "bapter, t_imposed by the United
Sllltesonrec:eipb from lawful gamblin8, the 1:8J<es imposed by seclion 2978.02, subdivisimu
I. ~. 5, SIld 6. and lite taX imposed on unrelated bushlcss income by seedon 290.05, subdivi-
si~3; . .".".
(9) payment of real estate mes and.assesSDlellrs on pennilted gambling preml_ wbuJ-
Iy owned by tile licensed organization paying the taxes. DOt to exceed:
(;) fur prenlises used for bingo. the 8tIIOUIU lhat an organimtion may expend 1ItIder
hoard rules on rent !or'bIn80; and .:.. '.
SENT BY: I'ETEKSON FKAM BEKGMAN
..n 1.AM1JJ. GANIWNG AIIP GUIBUNG 1lI!VR:IlS.
(ii) $35,001I per yc:ar fo< prenlises used fur olher fOl11lS of lawful gambling;
(10) a conlribuliOllIo.... united SWell. dU. _ or any of 11$ political subdiviaiomo. oIi.
8fty agency or Instrumentality tbem>f lIlhcrtban adin:c:tCODJribulion to a law cnfon:c_OI'.
ptOlIIlCUlDrial RgeI1Cy;. ...'
(II) a ~ntributi"n to or czpemlilure by B. nonprofit mganizalion which i. a cburdloi:' .
body of conununicaJllll gathered in common ~bersbip for lDUtllal suppolt IIlIr:I edification .
in piety. worship, 01' l'eligious observ_; . ,,;];~ .
(12) ~em..of one-ha1f of .... reasonable c:ostll of an audil R:qlI~ in oCction .,
297E.06, subdivision 4; ... .. . .., . 'il .,~
(13) a conlribation I!) o.expCDdifureoo a wildlife III8lIagelllent project d1at benefilS the ,Ji..
public at-Iarge, providedtbar the stale agency "'im aalharityOWlrlbatwJ1d1Jfe ~ j!.:.
prujeo:t "I'J>IOVes the projecl before rhe COlIlribution or 0X]>eDdJture la nwIe: .", ,\,:.
(14) cxpeadilurea,lIpplOvecf by die COIDDIissJOneir of iuwmd Mloun::es, by an OQ!aniza.; . "":
lion for lli901lJin& and maintaiDinS snoW.lIlobilcdtall. thai are (1) granl-in-ald tralls eatab'.; .;:.,
JiBbed under sectiOll8S.019, or(2) otbertrallsopen 10 public use. including purchase: or lease .~,
of equipment for this purpose; 01". . '.' .. . . :.. ..:'! 3. .
(15) .;.",ducting nutritional pro8tRlDi, foocIlllieIVes, and CODgregare clinlng prc>giams"
primanly for persons who are age 62 or oIdet- or disllbled, . ...
(b) Notwilbstanding pamIiapJi (a), ''la.ft.1 ptupose" does nOl incJllde: . .
(I) anyexpendilure made or incwml for the purpose of iDfl~encin, the IIORwiatioo;.r
elecllon of a candidate for public offICe or fat die putp08e ofproJllOljng or defeating a tiaJlot
qllCljlion; . .. .
(2) any ac.li.vil)' intended to iDfIuence an election or a sO~_lDenr8J dedsJ~g:
pnx:ess; ..
(3) Che erec:don, acquiaillon, imptOv_ent, expllIIsJon, repair, Or Q1.8inlenaoce of real
property or capilal asselS owlllld or leaaed by an orpnl'.'iOD, unle8$ the board has firsl ape-
cifi.,.ny authorized the e~lures w.r finding mal (i) the ICld property or capitalll88etJl .
will be used emusively for one or_ of the plIIpOsea in paragraph (a); (Ii) wida ....pectlD
expenditures fOJ'repWrorinaintcnaoceOnly, that !be property is orwiD be used ellten.ively lIS .
a meeting place or eVClIlIocation by other nooprofit OIgabizadon. or Cf.lIDDlunlty or service
groups and that no rentall1le is charged for the use; (iii) with Mlpecllo eJtpendibm:S, inclUd-
ing alllOrtgage payment or oCher debr sem"" payment, for enlCtion or acquisition only, that
the ereclion or lICquillilion j. Deceso;uy 10 replace wida .. comparable building, a building
owned by the otpnizalion and destroyed or made uninbabiiable by 6.., 0. nBlllral disasler,
provided tbat me "xpendlmre may be only for that pan of the replacement cost not reim-
bursed by iR8lll'llDCe; (iv) with respecllO 1I01IpcndJturea, inc:lucIing a nrongage payment oroth-
er deht service paytnenr. for erection or acquisition <lilly, tballbe ..-tion or lIQIIIisition is
nc:cesaal]llo replace w1Ch a comparable building II building owned by the organization that
wa.o acquired ~mm the organization by cmillCJJl domain or sold by the otganUatlon lD a pur_
chaser lhallbeorganization ............bl) believed would olherwioe fillY<: acquired the building
by "mineol dotnaiD. provided thai dae e"penditwe IIIB)' be 0117 for. dtat pan of the replac&-
menl enst Chat ellceeds the compensati"" received by the RrgatUZation for the building bcin,
replllCed; or (v) with mpeel to aneJtpe:ndi~ to btiqllDexisliog buildioglllJD compliance
- - - --wilh the Americans willi Dillabllllies Act under item (ll), an orgmizalion has !be option lD.
apply Che lIII10UIIl of the boaN-approved expendibn 10 the erection or acquiaillon of a n>-
plaeemerJl building Ilutt is in compliance widllbe Americans with Disabililies Acl: . .
(4) IUJ lIO"pendil\ll'e by an otglUIization witIeh is a CtlI\lribltlion to a patenl OJpn;~",ion,
fottnclatiun. or affiliate of the CODln'buliog orpniaatioa. If !be parenl organization. f0unda-
tion. oraftlliate has provided 10 the cOlllributing cqanization witbia 0IIe yearofthe c;:ontnnu-
don any money, JrlIIiIJ, propeny. or other tltiq of value: ;;
(5) a cOlltribulion by a liceDBed organization 10 anoo..r licensed organization unl"".1he
board has spcc:iflcally ill,uhorized Ibcc:ontribution. 1be boanIllJUstautbori2e $UchllCOlJlribu-
don when Rlquestcd lodo so bytbe conlfibudng DIJIlIDiation IInIeall it makes an alflmtadve
r 1IIdi... Ibu tbe coDlributlon wJll DOl be used by die reclpJenl "'1Ionlzarion forone or_ of
the purposes in'pIInIJraph (ar. or .
."
.'.
SENT BY:PETERSON PRAM BERGMAN : 3- 4-33
4:33PM :PETERSON PRAM BERGMA'"
612f:i33711;Jl:!:1I' or..o I
A.1l1\nl~ & \\'/.iJ
71
inl~
bcIiviaicins, at, .
ofoteemeftt.ot,
in chlllCb ,x,.
nd edification
.~
eel in section
";1 ...f<
.t benelils the . I
tnaDlgement ..',_
. a/Illrganiza. .
~ tmiJ. C8tal,:..
;hBlleorlease
.... ',.'J
JIg prograIIIS
,
ominatiOJl or
wng 0 ballot
;ion-lD8kiils ,
IllDce of teal
has first spe-
:apilllllWelll
:th tespecllO
'ten.ivclyas .
t)' or service
IlreS, includ-
on only, !hat
:, . buildiDg
IlBI dioasla',
at not reim-
ment or oth-
:quialtion is
1l2atiOD thaI
ion to a pur-
Ibe building
the tqllace-
ilding bcio&
compliance
1CI option to
tioDofarc-
ACt:.
Jlanizalion.
M, fuun.
Ie ",lJIribu-
"unless!he
a&:Ol\tribu-
.lfinnali""
or more of
...
.,
.,
..r.
1W
UWll'lJl:.CJo......-.c."UIbc......IIIIIGDE\'ICBS _.12
(6) a contnl>uliOllIo 8 stannary or home rule charier .city, conaty, .ortown by a lk:e~
organization with the: IaIowledge !hat tbe govemmental unit Jnrt;ncls to use lhe contribution
for . pension 01' mift:mcnt nUli!.... .
Subel. 26. Manufadurer. ''Manufacturer'' means II pet1JOO or entity who assembles
frum raw materials 01' subparts a completad piece of gambling equipmem. and who sells or
fumlshe. \,he equipment for resele or for ll8e in the sta/C. The term includes a person who
convelU, modifies, adds to, OI'rentoves pans.ora portion frOm ani_I, deYi"". or usembly to
further its promotion. ..Ie. or use as ll"ml.1I11g eqwpmem in this stare. A person only adding
or modifyingpromotionalflams ro advise the public: of the pri_ available, the rules of play.
and tbe considetatioaJequiRd is DOt a lIIIUWfacNrer. .. . .
Subel. Z6a. Mastertlare. "Masrerflii(e" is the posIed display. with registration sWDp
oftlxcd or bar cQ(\e imprinted or aflixed, ihal is used in CO!IjlUlClion with ll0lI1ed groupiDIIS of
100 or fewer selIuentially numbeqd poddleticket catds.
Subel. 27. Net Pl'lIftt. -Net profit" means gross profit less IlllISODBbIe sums llCllIaIly cx-
pended for allowable expenses.
Subd. 28. Org8DIzalloo. '"Organization" meBnS any fralemal. religiou.., "..terans. or
uther nonprofit organizotioJl.
Subd, 28.. Paddlellc:ket. "Paddle1ickef' means a preprinted ticket that can be uaed to
place wllielS on the spin ur.a poddlewbeel. '.
SuM. '28b. Paddlelkket card. "P1icldle1icket card" __ a catd to which detachable
paddletickets SIe auacl1ed. . .
Subel. 28c:. hddielldtel card number. "PaddJeticke1 card number" -- tbe unique
serial numberpreprinred by the monufac:tun:I' on the SBlb of a pnddlctickct r.:anI and die pndd-
letickets 81taChed tu the c;ard.
Subel. 29. "Paddlewhee'" means 0 wheel morb:d off imo sections containin& one or
more ownben, and which, after hein, turned. or spun. UllCIl a poinrer or mad<er to indic:aIe
winning chances. .. . . ,
Subel. 30. Penam. "Penon" is an individlllll. organization. fino, lISSOcialion. partner-
ship. limited liability company, c:orpomion. lI'8sree. or legal repJeSellt.al:ive.
Subd. 3Oa. ProIltearryover. "Proflt<:anyovC!" _s Cllftlu1at1ve netprofit IeSOCIlltlll-
lalive: lawful purpose expendirures.
Sub<!. 31. PromotiunB11kket. A pall-nib or dpboal'd tic:l<et with the wools ''Do pur-
ch.... necessary" and "for promotional use only" and for which no Gnn.idemion is given is a
promotional ~ket. . .
Subel. 32. PuD-tab. "Pull-tab" means a si. folded or lNuIded ticket 01' a multi-p1y
card with perfOl1lled break-open tabs. the r... of which is initially CQ~ to conceel oue 01'.
more numben or symbols, where...... or Jl10R of each set.of~ o~cords has """" d<:sig-
nBted in advance as a winDer.
Subd. 32a. PuII-tlIh 4fspeDslog device. "Pull-tab dispensin, device" means a me-
~luutlcal~vlce tll", di....... paper pulJ--tabs and ba& no additional function ... an.amuse-
ment or gambliDg deviee. . . .~. . .
, ~ubd. 33. "Raffle" means a game In which a particlpllDt buys a tkkt:1 for a chance 81 a
prize with die winner,l\elemlined by a tandom drawiDg to take place III ol""otiolllllld date
prillted UplIlI the licket.
Subel. 34. nphuanL '11phoanl" IIICl\DlI a boBrd. plaic..... or other device containing a
seallhal conc:...1s the wiDninB.lIUmber or symbol. and that serves as die game t1ate for a tip-
board game.
SuW. 35. '11plluudt1cket. ""Iipboardlic:bl"' is asiilglefoldedorbanded tielcd, or muI-
Ii-ply cord, the fa<:e of which is initially cDvered or otherwise hidden from view to conceal a