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Home My WebLink AboutCCP 07-26-1999 , . . . FILE CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 AGENDA CITY COUNCIL MEETING, CITY HALL MONDAY, JULY 26, 1999, 7:30 P.M. City Philosonhv To provide a basic and necessary scope of quality services through the innovative and purposeful use of physical, fmancial and human resources. THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) HAS BEEN CANCELLED. 7:30 P.M. Call to Order 1. 7:30 P.M. Approval of Meeting Agenda 2. 7:30 P.M. Approval of Minutes 1. July 19, 1999 Council Worksession 3. 7:30 P.M. 4. Consent Calendar Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda a. Claims and Payroll b. Operations and Finance Committee Appointment 7:35 P.M. 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies. to allow a more timely presentation, PHONE: 16121633-5676 · FAX 16121633-7839 AGENDA - PAGE TWO CITY COUNCIL MEETING, CITY HALL MONDAY, JULY 26,1999,7:30 P.M. . 7:40 P.M. 9:00 P.M. 9:10 P.M. 9:20 P.M. 9:30 P.M. 6. Unfinished and New Business a. Planning Case #99-10, Bethel College, Site Plan Review b. Res. #99-21, Resolution Requesting Approval of Charitable Gambling Premises Permit Application for Earthstar Project, Inc. at Pot 0' Gold, Inc. c. Sealcoating Bids d. 1998 Sanitary Sewer Rehabilitation Project, Final Payment #3, Infratech e. Residential Water Meter Project, Award of Bid f. Codification, Chapter 16 and Model Right-of-Way g. City Hall, Land Transfer Update 7. Administrator Comments 8. Council Comments and Committee Liaison Activity Reports 9. Department Activity Reports . 10. Adjourn Th~ above times may vary depending upon length of issue discussion. . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA :B.e1^.c.[". -tl-a..-<.dClt.U- a 'I{;...(,l1, ~4t'1' RESOLUTION NO. 99-22 A RESOLUTION REJECTING BIDS WHEREAS, the City of Arden Hills ("City") anticipated that it would obtain title or right of access to a portion of the Twin City Army Ammunition Plant ("TCAAP Property") on or before June 7, 1999, in order to construct a City administrative office ("Project"); and WHEREAS, the City advertised for bids for the construction of the project, and the bid advertisement required bid guarantees for ninety (90) days from the date of receipt of bids; and WHEREAS, the City received and tabulated bids on March 11, 1999, and the low bidder was the Rochon Corporation; and WHEREAS, the original bid guaranty date of the Rochon Corporation expired on June 9,1999; and WHEREAS, on May 24, 1999, the Rochon Corporation offered to extend its bid guaranty date until August 1, 1999, subject to conditions; and WHEREAS, on June 7th, 1999, the Arden Hills City Council adopted Resolution #99-17, Extending the bid acceptance date with Rochon Corporation until August 1, 1999; and WHEREAS, the transfer of title or access rights to the TCAAP Property continues to be delayed. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota that because the city has not yet obtained access to the property required for the construction of a new City administrative office, the City hereby rejects all bids including the Rochon Corporation bid. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN lULLS TillS 26TH DAY OF JULY, 1999. DENNIS PROBST, MAYOR ATTEST: BRIAN FRlTSINGER, CITY ADMINISTRATOR 07/23/99 FRI 10:08 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills Ig] 00 1 ********************* *u TX REPORT u* ********************* 4559 6124219511 07/23 10:06 02'22 6 OK 07/23/99 FRI 10:30 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION to ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills I4i 001 ********************* *** TX REPORT *** ********************* 4561 6286833 07/23 10:30 00'47 2 OK 07/23/99 FRI 10:34 FAX 6126337839 TRANSMISSIOl'i OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills I4J 001 ********************* *** TX REPORT *** ********************* 4563 6339550 07/23 10:33 00'46 2 OK 07/23/99 FRI 10:32 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT . . City of Arden Hills Ig] 001 ********************* ... TX REPORT ... ********************* 4562 6333846 07/23 10:31 01'24 2 OK 07/23/99 FRI 11:42 FAX 6126337839 TRANSMISSION OK TX/RX 'i0 CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT City of Arden lUlls ~001 ********************* $$* TX ImpORT M$ ********************* 4568 4821262 07/23 11: 41 01'03 2 OK . . 07/23/99 FRI 11:43 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECT I ON ID ST, TIME USAGE T PGS, SENT RESULT City of Arden Hills IiZI 001 ********************* *** TX REPORT ,'** ********************* 4569 2281753 07/23 11: 42 00'45 2 OK . . . , . . . CITY OF ARDEN HILLS MEMORANDUM DATE: July 23, 1999 TO: Mayor and City Council FROM: , I,. ; Brian Fritsinger, City Administrator ~Y. ~o" Administrator Comments for the July 26, 1999 Council Meeting SUBJECT: THE REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) HAS BEEN CANCELLED. 1. Approval of Minutes The City Council is asked to approve the Minutes of the July 19,1999 City Council Worksession. 2. Consent Calendar a. Claims and Pavroll The City Council is asked to approve vendor claims in the amount of$328,827.87, and payroll for the period most recently ended. The Council should note payment to BRW, Inc. in the amount of $27,001.26 for May/June engineering services; to Forest Lake Contracting in the amount of $216,465.50 for Pay Estimate #3; to MCES in the amount of$37,050.68 for August sewer charges; and to the City of Shore view in the amount $2,723.03 for 1999 Spring Clean-up. b. Operations and Finance Committee Appointment The City Council is asked to appoint Mark Kelliher, 3712 Chatham Court, to the Operations and Finance Committee. 3. Unfinished and New Business a. Planninl! Case #99-10. Bethel Collel!e. Site Plan Review The Planning Commission has recommended that the City Council approve Planning Case #99-10, Site Plan, for construction of a west entrance monument and sign, and an east entrance gate, subject to conditions. Administrator Comments for the July 26, 1999 Council Meeting Page Four July 23,1999 . County Road F/Hamline Avenue Trail Grant Staff notified Minnesota Department of Natural Resource officials on the County Road F Trail Grant, that the City Council was respectfully declining the grant funds. Staff had, prior to this decision, sought a transfer by the DNR to funding for the trail extension on the west side of Round Lake, but this was not acceptable to the DNR. . Personnel Staff finalized the seasonal/part-time employee hiring procedures and provided these to the parks and public works department. We held the annual summer picuic for all City employees. The picnic is a potluck and paid for by the employees. Prepared several performance evaluations, which will be completed in August. . Y2K Continued some of the basic assessments of City operations and responded to several inquiries from the general public and business community. I , I . . . :"'" e e e MINUTES CITY OF ARDEN HILLS, MINNESOTA WORKSESSION MONDAY, JULY 19, 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 4:50 p.m. Present were Councilmembers Beverly Aplikowski, Gregg Larson, Paul Malone, and Lois Rem; City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post; Parks and Recreation Director, Thomas J. Moore; City Engineer, Greg Brown; and Administrative Secretary, Sheila Stowell. DISCUSSION ITEMS a. Hil!:hwav 96/10 Desil!:B City Administrator Fritsinger provided an overview of the available options and discussion to- date regarding proposed designs by Ramsey County and the Minnesota Department of Transportation (MnDOT) for Highways 96/10; and reviewed the background information staff had provided in the Council packet for the Council's historical review regarding the overall project. Mr. Post mentioned that in the most recent County TIP, the project letting for this portion of Highway 96 reconstruction was scheduled for March, 200 I. Mr. Fritsinger introduced Jim Tolaas, Ramsey County Public Works Project Manager, and Mr. Mark Goess, representing MnDOT. Mr. Tolaas displayed the overall Arden Hills reconstruction design concepts, stating that the County was at a standstill at present as far as developing a final plan to forward to MnDOT, pending Arden Hills' final approval of a plan. Mr. Tolaas stated that Ramsey County and MnDOT had attempted, in this latest design concept, to incorporate regional long-range planning needs. Mr. Tolaas again introduced Mark Goess, MnDOT Planning/Pre-Design Engineer, and Bob Brown, MnDOT State Aid Engineer, who were both in attendance to share in the discussion of design options for the Highway 96/1 0 corridor area. Discussion items included the various design options; access points; soil contamination near Round Lake; possibility of relaxing City setback requirements so additional mobile homes would not need to be acquired by the County; noise wall mitigation; trail location and safety; realignment of West Round Lake Road; intersection grades; BRW study; ramp terminals; safety concerns regarding a grade separation at the intersection of Highways 96 and 10; Highway 10 ., ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 2 e frontage road concept; impact to and potential relocation of single-family homes along the west side of a proposed frontage road; continued capacity increases of Highway 10; necessity for setting the stage for future Mobile Home Park and TCAAP access; a proposed single-point diamond interchange at the 1-35W interchange; or continuing the present at-grade crossing. Mr. Tolaas sought Council consensus to allow Ramsey County to prepare and present a final plan to MnDOT for approval. Mr. Tolaas stated that a decision needed to be made now in order for the plans to proceed, or another option would be for Ramsey County to put the project on hold for up to five years to determine future traffic development in the area. Further discussion items included turnback fund availability and the projected life expectancy of the earlier thin skin overlay applied to Highway 96 between Lexington Avenue North and Highway 10 as a quick fix. This application has an estimate of 3 - 4 years for the wear life. Mayor Probst expressed his concerns regarding the advance funding the City had provided for the West Round Lake Road intersection project, while awaiting final plans from Ramsey County and the implementation of a reimbursement agreement for that project. Mayor Probst expressed further concern regarding the continuing delays and lack of consensus between the City, Ramsey County and MnDOT as they have affected numerous property owners along Highway 10 and within the Arden Manor Mobile Home Park facing potential relocation; and the need to come to closure and provide a timetable to the community for the benefit of residents. . Mr. Tolaas reiterated that the County would require a specific project to identify a funding source prior to reimbursing the City for those expenditures. Mr. Tolaas estimated that, once all parties came to an agreement, design work should require six to nine months, at which time funding sources would be pursued. At that point, a projected timetable could be implemented, and Ramsey County would aggressively pursue funding sources. Mr. Tolaas emphasized the necessity for City approval of a plan. Mr. Fritsinger stated that it was his understanding that the original plan had been approved by the City and then the City and County had agreed that further long-term consideration be given and MnDOT consulted regarding a more regional transportation plan, rather than only being concerned with the Arden Hills portion of the project. Mayor Probst requested clarification from Mr. Tolaas on the responsibility for costs related to right-of-way acquisition. Mr. Tolaas informed the City Council that the City would most likely be responsible for any right-of-way acquisition costs. Mr. Brown concurred with Mr. Tolaas on the funding for any project, projecting that MnDOT would fund approximately half ofthe contract administration; up to 90% ofthe construction costs for streets, water and sewer; and the City would be responsible for right-of-way acquisition. Mr. Brown further spoke to MnDOT concerns regarding future development of TCAAP . property; cost of clean up at TCAAP and Round Lake; projected traffic generation depending on ,. e . . ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 3 the type of development; and the need for high-capacity access to Hwy.1 O. Mr. Brown emphasized that the importance, from MnDOT's perspective, is basically safety and a plan that provides an opportunity to eliminate any of those major safety issues. Mr. Brown stated that, MnDOT was favorable of the minimal projected cost increments to make these safety revisions at this time. Mr. Brown stated that a grade separation focuses more traffic to the 1-35W intersection; and assists with pedestrian and bicycle traffic safety issues; and future TCAAP development. Councilmember Malone reminded Councilmembers, County and MnDOT representatives that grade separation was suggested by the City Council at the early stage, as early as 1994. Mayor Probst expressed his concern that Ramsey County is apparently forcing the City to make a decision, and then requiring the City to handle the right-of-way acquisition costs, in spite of the City having already advance-funded the costs for the West Round Lake Road intersection project in its entirety. Councilmember Malone stated that MnDOT seemed to lack a consensus among its representatives on the merits of any specific safety issue, with the City observing them fluctuating from one point to another. Mr. Malone emphasized that he felt the City should expect no less than a written agreement with MnDOT and Ramsey County regarding their transportation plans or intentions as TCAAP develops. Mr. Malone expressed his perception of a lack of credibility with MNDOT, given the City's experience with the agency on this project. At this point, Councilmembers and staff reviewed several options for a more regional transportation plan with various alternatives and the projected development timetable of the area. Each Councilmember expressed their ideas and concerns, with the general consensus being that of meeting the City's specific needs and ultimate costs in access and money to the City, while recognizing and incorporating those of the entire transportation area. Mr. Brown stated that regarding overall funding, MnDOT would stand behind core improvements with additional paybacks dependent on justification, at which point splits would be assigned. Other than that, he could provide no funding guarantees. Mayor Probst reviewed the apparent two options available to the City, a short-term or a long- term solution, or tabling the entire project for up to five years. Mr. Fritsinger stated that, even if the Army should decide against the excessing of the TCAAP property, its probable Federal reuse would also have an impact on future traffic. Councilmember Aplikowski expressed her concerns regarding the displacement of residents and them not remaining in the community. Mr. Ringwald suggested that an overall regional transportation plan be developed that involved the State of Minnesota and it's various agencies, including MnDOT, Metropolitan Council, and "" ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 4 e others that addressed high density housing; commercial activities; transportation concerns, and other State concerns incorporated in its Livable Communities Program. Mr. Brown stated that he understood the City's distrust of MnDOT and that it was not unwarranted. However Mr. Brown expressed MnDOT's commitment to support the City in its current endeavors. After further discussion, Mayor Probst stated that the Council needed to re-examine the philosophical issues as they related to the City and the region, to determine if the Council was in agreement with pursuing this broader picture. Mayor Probst suggested that there would be no closure on an option at this meeting, but expressed the Council's appreciation of those County and MnDOT representatives in attendance. Mayor Probst further suggested that the Council continue and try to finalize this discussion at a future Council W orksession, at which point they could consider options for additional studies. Mr. Tolaas stated that MnDOT was continuing its transportation study of the entire I-35W corridor. Mr. Fritsinger asked for clarification from the City Council for Ramsey County and staff direction regarding publicizing of an informational meeting, or just Council discussion at a Worksession. e Further discussion ensued, with Mayor Probst stating that the Council needed to give this issue further consideration, and the City would contact Ramsey County and MnDOT upon completion of their study of various options. b. 2000 Budl!et/CIP Mr. Fritsinger provided an overview and update of staff's continued work on the 2000 Budget and five year CIP. Several bench handouts were provided for Council review and information. Mr. Post presented a bar graph with proposed CIP expenditures by year and by department for the years 2000 - 2004. Mr. Post then reviewed various spreadsheets and staff assumptions by department. Mr. Post requested Council comment on the specific items identified by staff for 2000 Budget consideration. Mr. Post advised that the 2000 Administration CIP Budget was driven by three major components; City Hall; a proposed Public Works/Parks maintenance facility; and cost participation in the 1-35W bridge reconstruction. Mr. Post advised that the City had not received an approved CIP from the Lake Johanna Volunteer Fire Department (LJVFD) Fire Board, but it was assumed the City would be obligated to provide eapital funds for bay floor resurfacing and purchase of a Fire Marshal's vehicle in . 2000. r . e . ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 5 Discussion items for the Administration CIP Budget included the utilization of the TCAAP monies by the LJVFD and future retrocession; and the projected purchase or capital lease of a City Hall copier. Mr. Post advised that the 2000 Public Works CIP Budget was driven by two major components; Pavement Management Plan (PMP) reconstruction and completion of the residential water meter replacement project. Discussion items for the Public Works CIP Budget as related to the PMP included, later West Round Lake Road Phase II reconstruction; utility undergrounding; judicious prioritization of roadwork as related to MSA construction funds; County Road improvements within the City; consideration of cost-sharing options with other communities for the SCADA system or asphalt hotbox items. Mr. Post advised that the Parks CIP Budget included four major discussion issues: that Arden Manor Park improvements would occur in 1999; that Council would authorize a redevelopment plan for Hazelnut and Ingerson Parks before capital items are committed to those locations; that Council approve purchase of a % ton 4-wheel drive 1999 pick up replacement for the existing Y:z ton 2-wheel drive 1991 Chevrolet (#45); and potential delays in obtaining Gateway trail easements will push the project into 2000. Mr. Moore advised Councilmembers of his and Mr. Post's most recent discussions with Mr. Husnik, Arden Manor Mobile Home Park owner, and his daughter regarding park improvements and cost participation from Mr. Husnik. Mr. Moore stated that Mr. Husnik's daughter expressed her overall support of the program, with concluding conversations providing Mr. Husnik's commitment to provide $10,000 toward the necessary drainage requirements, and his commitment to provide additional funding of$15,000 conditioned on the City's eliminating the swimming pool Special Use Permit requirement. Mr. Post concurred with Mr. Moore's overall report ofthe meeting. On a further note, Mr. Post advised Councilmembers that the City's Park Development Fund had recently been the recipient ofa total of$7,000 in charitable gambling funds from the Earthstar Project toward the Arden Manor Park redevelopment. Mr. Husnik had also suggested revisions to the placement of the land bridge in the park redesign. Discussion items included, whether to install only removable playstructure equipment, and provide a hard surface court, or to not pursue the project at this time; the need for recreational facilities for children living in this mobile home community, due to them not having safe access to other facilities within the City; and proceeding with the Arden Manor Park improvements in the 1999/2000 season, with grading this fall, and playstructure installation this fall or in the spring depending on the weather. Mr. Moore updated the Council on the Gateway trail and ongoing negotiations with Scholl's for an easement. Mr. Moore stated that he and BR W staff had staked the area under consideration "'\ ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 6 e for an easement. Mr. Moore and Mr. Fritsinger had met with the property owners and tenants, and negotiations were continuing. Mr. Greg Brown, ofBRW, stated that as an alternate location for this 12' x 400' trail, his firm had approached U.S. Fish and Wildlife for possible trail location, but they didn't appear to be very receptive, and if the City needed to relocate the proposed trail, further negotiation with U.S. Fish & Wildlife would be required. Mr. Fritsinger stated that, to-date, the City had met all of Scholl's requests, and that if necessary, it would be reasonable for the City to pay the Scholl's firm for this requested easement. It was the consensus that, due to delays, development of this trail extension would prove to be a 2000 expenditure, rather than a 1999 expenditure. Mr. Post also noted that, in the Park Maintenance Fund, staff had included installation costs by the manufacturer for all future playstructure replacements. General discussion items included realistic projected construction costs for the proposed maintenance facility and the options of leasing or building, or of prepaying the lease with capital; monument signs at the entrances to the City, or at City Hall; trees from TCAAP; and landscaping the intersection of Lexington Avenue and Highway 96 without signage. . Mr. Post stated that a Fund Balance cash flow analysis would be available at the next Council budget discussion. Staff was directed to proceed with the revised CIP, as reviewed with cash flow impacts, along with additional proposed operating budget information for the next budget meeting. Mr. Post provided a final review for several 2000 Budget operating issues including, Elections; projected Pay Plan administration, fire protection costs with the City assuming liability for capital costs; Ramsey County Law Enforcement budget projections, projecting a 4 - 4.4% increase, possible alternatives related to level of police protection service and other Contract City Group concerns Mr. Post listed several other items that would impact the target of a "zero" percent levy limit target as earlier suggested by Councilmember Larson, including the recent addition of a shared Building Inspector position with the City of Shoreview, and the previously authorized addition of a Yz time support position. Further discussion included the Council challenge for determining their philosophy; current building permit revenues; manpower hours in the Public Works Department and the requested public level of service; cost savings in infrastructure maintenance areas; and crisis management vs. planned maintenance. e ~ . . . e ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 7 Mayor Probst stated that he would be interested in understanding to what extent the aging of our infrastructure is causing additional strain on City resources. Staff was directed to schedule a 2000 Budget/CIP discussion at 6:45 p.m. on Monday, August 9, 1999, prior to the regularly scheduled Council meeting at 7:30 p.m. c. Codification, Chapters 8 and 10 Councilmembers and staff reviewed Chapters 8 and 10 of the proposed Municipal Code revisions as presented in a staff memorandum on utilities as prepared by Mr. Post and Mr. Stafford. Mr. Fritsinger stated he would forward the revisions and additional comments to the League of Minnesota Cities for continued preparation of a final draft. MISCELLANEOUS ITEMS Roeer Williams Request, 3450 Siems Court Mr. Fritsinger requested Council direction on Mr. Williams' request for consideration of an exception to the Arden Hills Ordinance addressing recreational vehicle storage. Staff was directed to notify Mr. Williams that he needed to follow procedure in submitting a request for a variance through the Planning Commission, as would be required of any resident in the City. Operations and Finance Committee Councilmember, and Operations and Finance Committee Liaison, Bev Aplikowski presented Mayor Probst with an additional applicant for the Committee, and a recommendation that the applicant, Mr. Mark Kelliher, be appointed Chairperson, with Mr. Zimmerman appointed as Vice Chair. Staff was directed to add this appointment to the July 26,1999 Council Agenda. Upcomine Meetines Mayor Probst shared an invitation to the Suburban Chamber and Metropolitan Council Forum scheduled for the afternoon of Monday, July 26,1996, and encouraged Councilmembers to attend. Friskies Odor Complaints ~ , ARDEN HILLS CITY COUNCIL WORKSESSION - JULY 19, 1999 8 . Staff was directed to serve a polite, but firm, written notice to the Friskies Company under the City's nuisance ordinance, that the City Council will be anticipating an application forwarded to the Planning Commission in the near future to facilitate corrective action to the concerns of City residents. Bethel Park Develoument Mayor Probst advised Councilmembers that he and Mr. Fritsinger would be meeting with Bethel representatives prior to the upcoming Parks and Recreation Committee on July 27, 1999. Mayor Probst stated he was anticipating attending the Committee meeting as well, to determine their plans to the City Council. New Citv Hall Construction Mayor Probst updated the Council on the progress of the Legislation, with the Bill still in Conference Committee; paperwork required prior to construction start; and also reported that he was continuing discussions with the Department of Army's representative, Paul Woodhouse, prior to a final Council decision on the construction contract. Citv Administrator's Resil!:nation Mayor Probst acknowledged the resignation of Mr. Fritsinger. Mayor Probst addressed several of the significant pending issues; the Council's desired process for selecting a new City Administrator; and interim plans, with Mr. Post agreeing to accept the position ofInterim City Administrator. . Staffwas directed to add formal actions related to the City Administrator's position on a regular Council Agenda prior to the August 13, 1999 effective resignation date. Mayor Probst indicated that, as in the past, Mr. Post's salary would be augmented to reflect the additional duties he would be assuming. Mr. Fritsinger advised Councilmembers that his start date with the City of Cloquet was flexible and he would be available, if needed, by the City of Arden Hills during the interim. Mr. Fritsinger shared several of the hiring procedures used by the City of Cloquet for consideration by the Council. Mayor Probst requested that Councilmembers give thought over the next few weeks as to how they wanted to proceed with the hiring process and to prepare a list of the critical issues they felt needed to be addressed; advertising focus; consideration of advertising for State of Minnesota candidates and only using the League of Minnesota Cities Bulletin; press releases; and timing. Mayor Probst scheduled a meeting the following morning with all City staff to announce the . Council's intentions. " . . . ARDEN HILLS CITY COUNCIL WORKSESSION -JULY 19, 1999 9 It was the consensus of the Councilmembers that payout in regular bi-weekly pay for unused vacation leave be made as requested by Mr. Fritsinger, rather than a lump sum payment. ADJOURN MOTION: Councilmember Malone moved and Councilmember Rem seconded a motion to adjourn the meeting at 10:00 p.m. The motion carried unanimously (5-0). r: f ,;1 \. . . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/26/99 COUNCIL MEETING PAGEIOF3 CLAIMS PAID SINCE LAST COUNCIL MEETING (07112199) ii%Mii??I?mCbNl!IF \'ilNl.Ollm\\ 16220 07/08/99 DCA,loc. 590.00 Davcare & Medical Reimbursement 7/07/99 16221 07/08/99 BRW Inc. 27,001.26 EOQineerin. Services 5/15 - 6/1 1/99 16222 07/08/99 Peterson, La V onne 1780.50 Sewer Line Reoair 3163 Lake Johanna Blvd. 16223 07108/99 Northern States Power Co. 3,814.97 June Service 16224 07/08/99 Mn Pollution Control Agencv 23.00 Class SC Onerator Renewal - McKinnev 16225 07/08/99 Mn Dent of Health 23.00 Water Sunnlv Operator Renewal - Perron 16226 07/08/99 Henneoin Parks 26.63 Fridav Field TriD 7/09 - Bus Fee 16227 07/08/99 Science Museum of Minnesota 42.00 Friday Field Trio 7/09 16228 07/13/99 J av Brothers Inc. 7 507.34 Lift #3 - Reconstruction ~ Final Pavment 16229 07113/99 Forest Lake Contracting 216465.50 WRLR !mnray Phase 1 - Pay Est #3 16230 07/14/99 MN Dept of Revenue 259.00 Sales Tax - June 1999 16231 07/14/99 McKinnev. Mike 100.00 1999 Uniform Cleaning Allowance 16232 07/14/99 Reed, Fred 100.00 1999 Uniform Cleaninl! Allowance 16233 07/14/99 Schifskv, Mike 100.00 1999 Uniform Cleaning: Allowance 16234 07/14/99 Moonev_ Joe 100.00 1999 Uniform Cleaning Allowance 16235 0711 4/99 Perron, Jim 100.00 1999 Uniform Cleaning Allowance 16236 07/14/99 Saxe Pete 100.00 1999 Uniform Cleanin2 Allowance 16237 07/14/99 Bell, Fred 100.00 1999 Uniform Cleaninf:!: Allowance 16238 07/14/99 Winkel Dave 100.00 1999 Uniform Cleaning Allowance 16239 07/14/99 Frevberger, Scott 100.00 1999 Uniform Cleaning Allowance 16240 07/15/99 Bunker Hills Wave Pool 55.80 Friday Field Trio 7/16/99 16241 07/20/99 Public Emnlovccs Retirement Assoc. 3 170.95 Second Julv Pavroll 16242 07/20/99 ICMA Retirement Trust - 457 1,751.58 Second Julv Pavroll 16243 07/20/99 Affinitv Plus Federal Credit Union 5,153.45 Second July Payroll 16244 07/20/99 Independent Svorts Network 148.00 Umpire Services~June Adiustment 16245 07/20/99 City of Moundsview 675.00 Sorio. (] 0) & Summer (5) GolfLessoos 16246 07/21/99 DCA Ioc. 143.20 Medical Reimbursement 7/09/99 n Subtotal ~ Paid Claims 269,531.18 II Paid Claims From Above ~ 269,531.18 Add Unpaid Claims, Page 3 of 3 ~ 59296.69 Total Accounts Payable Claims for Council Approval, 07/26/99- 328827.87 Note: Checks for unpaid claims totaling $94,824.61 were mailed on July 13, 1999 after approval at the July 12, 1999 Council Meeting. They were check numbers 16177 - 16219. This sequence corresponds to unpaid temporary numbers TI-T41 Check numbers 16175 -16176wereusedfor alignment. ..ndyll<<>>\lnlJpoyIObkk.lo;m.1 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/26/99 COUNCIL MEETING PAGE20F3 UNPAID CLAIMS REGISTER: ttliliiiintjjl{;pgl)!llt , AMdlm+ ..,...."."........ TOI 07/27/99 A & L SUDefior Sod 17.25 Sod Reoair . Stowe Ave T02 07/27/99 Abdo Abdo, Eick & Mevers 300.00 Preoare OSA Reoort T03 07/27/99 Abra Auto Bodv & Glass 478.07 Bodv Renair # 106 T04 07/27/99 Accurate Press 115.55 Business Cards - Thill (500) T05 07/27/99 Alv1B Prooertv Cornoration 4 328.00 August Rent & Oen Ooer EXD T06 07/27/99 American Medical Security 825.97 Aueust Dental T07 07/27/99 AT&T 27.25 PW LooI;I: Distance T08 07/27/99 Berres Sandra 15.81 Mileave Reimbursement T09 07/27/99 BiITs Inc. 391.56 Portable Toilets 6/16-7113 TlO 07/27/99 Brock White Comnanv 2130.00 Crafco Rental-SS125 Melter TII 07/27/99 Brunn LuAnn 240.00 Julv Cleanin. Tl2 07/27/99 Camas Sheilv Division 452.53 Ditch Rin-Ran TI3 07/27/99 Cemstone Products Comnanv 260.71 Curb ReoairfTrowe1 T14 07/27/99 Construction Bulletin MaQ:azine 220.40 Ad-Sealcoat Bid Tl5 07/27/99 Corporate Exnress 325.16 Office Sunnlies/CODV Paner Tl6 07/27/99 Davies Water Elluinment Co. 180.05 Maintenance Sunnlies TI7 07/27/99 Earl F. Anderson 229.56 Silm~ & Posts Tl8 07/27/99 Electronic Interiors Inc. 77.50 Prof Svcs - New City Hall Tl9 07/27/99 Forest Lake Contracting: 133.13 Tonsoil T20 07/27/99 F rattallone's Hardware 107.77 Julv Purchases T21 07/27/99 Gooher State One-Call 245.00 June Service T22 07/27/99 Hannv Faces Entertainment 170.47 Penny Carnival T23 07/27/99 Hoen, Judv 54.00 Refund-Horseback Ridinl! & Safety Camp T24 07/27/99 Hydro Sunnlv Co. 4144.1 I Water Meters & Parts T25 07/27/99 Independent Snorts Network 1,258.00 Umnire Svcs 6/29-7115/99 T26 07/27/99 International Union of Ooerating Engineers 175.00 July Pavroll Deductioos T27 07/27/99 Kamat Deeoak. 34.00 Refund-Tennis Adult T28 07/27/99 LTG Power Eouinment 67.27 Caster WheeVCan for T oro T29 07/27/99 Mason Sharon 37.50 Refund-Little Dribblers TJO 07/27/99 McDonald Batterv Co. 56.45 Batte'" - #17 Pick-uo TJl 07/27/99 Met COWlcil Environmental Services 37050.68 AUPl1st Sewer Charl!e T32 07/27/99 Metrocall 26.57 Renlace Pager-Olson TJ3 07/27/99 Midwest Asohalt Comoration 250.51 Road Renair MateriaJsfTrail Renair TJ4 07/27/99 MN GFOA 240.00 1999 Annual Conference 9/21-9/24 - Post II Total - Unnaid Claims --. 54,665.83 II W'IdyI_nupo.,.bIo'cIoim>l 'I > e . . .. . e . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 07/26/99 COUNCIL MEETING UNPAID CLAIMS REGISTER: PAGE3QF3 !!filMlhl '..ijli:iilAtli T35 T36 T37 T38 T39 T40 T41 T42 T43 T44 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27/99 07/27199 07/27/99 07/27/99 :M:N Tax a ers Association Pace Anal ical Randall Nanc Robinson Landsca in Sam's Club Shorevicw Ci of Timesaver Off-Site Secretarial US TCIUlis Association United Wa of the 51. Paul Area Xerox Co oration 40.00 200.00 35.48 111.83 62.25 2.723.03 571.25 25.00 130.00 732.02 Subtotal, Page 3 of 3 - Pa e 2of3 Brou ht Forward- Total Un aid C1aims-- 4,630.86 54,665.83 59 296.69 Annual Mt - 6/29 - Post Water Testin Milea e/Ex ense Reimbursement Sod-Cummin s Pia structure Buildin Su lies 1999 S rin Clean-u Recordin See - PC 7/07 & CC 7/12 Membershi Renewal Fee Jan - June Pa 011 Deductions June Base Char eJExcess Prints 4/99 -7/99 ..IIdY!''''''''"''l'''y.b1~',I.;m,1 - '" ~ 'It 0:: ~ '" '" ;;; N ;:: o C w .... <C C '" l<: U W :I: U a;- ...J!!! ...Ju> oiS It: 0 ~.g 0..", '" ~M ::IE! -,1:; c>; Z:i2 o " u ~ w.- II)~ II) ...J ...J i: Z w C It: <( u. o ~ U W :lJ .~ z I I :lJ ~'[fl ;:~:;::;:::::~ m~ I"'" ~!:~ :5 ~ ~ ill .:~ e .:S~. 0 0 0 II 0 0 0 0 0 0 " .. .. '" N ~ :ii.: 0 ~ "' .. r::! 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E 0 E~ c_ " " ;.= ~ <l:~ 8 o ~ ~ :~ ~ ~I ,,:::;: -...". o o o ~ M M ~ 1:: " " "~ o 0 ~Q:; 1 c .~ 2: <> Wo': ~W .~: Ii! # .~ ! ~ 8 ~ M M M :g " I ,; ;j o E - ....... ~ 9~;!: ~ ~ ~ i.".-:.' = >. _"C;>.!l 8:1.g _ '0 '@ ;~: >.1:; '0 ~p...~: 0: E.... <ll o~.-::o".- ~ ia' 0...._ -..; gj -.:i 0... ~ u~: o ..... ..... e "" at o ~ z '-' 0: -:~j I i 88 06 "'''' D(l\O "'2! ~"'j;! ft :t'!'I= i~~ ~ ~;i .;.>c.; ,.", mj: ,.,:". ~. I iii' ~: )! Ii: ~ :~::::1l!:. . :!f~b:u: ::<:,,::;:;....:: M~ " m'.: <1:1.,.-: ._ 0 ~ ~ H.: 0;:' \;<: <:: <::~: u u ':": U:U:' .:.;.:., .;<;< ,y:'" ~~g~~ go 0 a'",f ... <"I ~- " .,.". .".,.: st 00 00 cio .'., ,;.". :::;~: oog 2~~ ;:n =::::;:; :,:;::=: .,,:;: :::~:: . , .. 1 f I -r' Ii . , ~ - ~ CITY OF ARDEN HILLS MEMORANDUM DATE: July 23, 1999 TO: Mayor and City Council (i2 r,\ Brian Fritsinger, City Administrato~ IN> ~ Operations and Finance Committee Appointment FROM: SUBJECT: Backl!:round The City Council has received an application from resident, Mark Kelliher, 3712 Chatham Court, expressing his interest in serving on the Operations and Finance Committee. The committee currently has six (6) members. Recommendation The City Council should consider the appointment of Mark Kelliher, 3712 Chatham Court, to the City's Operations and Finance Committee for the remainder of 1999. Mayor Probst and/or Councilmember Aplikowski may have additional information or comments regarding this appointment. Enclosure BF/sls MAY-20-1999 14:32 FIRST AMERICAN ASSET MGMT 612 973 1170 P.02/02 , WORK EXP:ERlENCE; · PO....-\t:,\~ \,\"><-,,,,,"-,, - [ A N,\' ,~j - 'i=, f-5.-\ f\",<- tp,,-:!EJL., + '" c..J 0 0Se..-r- CIVIC, PROFESSIONAL & COMMUNITY ACTIVITIES; ~~\y '\r..\)C"~ W~ ~ OtJ.- tN:.,:~~ WHY DO YOU WANT TO BE ON AN ADVISORY COMMITTEE: 10 .p.fI?\'1\.....c\"'\f~ c-e.~' $~~\..ls 4-0 ~~"Y\CA- 'i\.a.- Ccrl"""J{ WHAT SKILLS, STRENGTHS OR AlHLlTlES DO YOU BELIEVE YOU WILL ADD TO THE coMMITTEE: \)~h~') -l'~~ {)'oJ~./ 2) ~Nl.~ ,.... ~+:~ <, jbA-C::'f"':'~ t-.. ~lCt-'"f ~'scJSs:~.s.~) Foc",-:.uJ k~~ -rvj<:.. ADDITIONAL coMMENTS; REFERENCES (Optional) ~ Address ~ , V t l - "'\'~<s- ()Gt:)G. ~'~ F ~^ &-..~ f.. ~\- ~\~', c/o uS w... -- .- --. . ~~\..~I ~ ~l" ria ~ out ~ L-~'~ ,s ~ - Gn ;3- -U;-~ Gt~ - 33?-1'-<'f( Please return .this form to: . City HalllAtten: City A.dministrator City of A.rden Hills 4364 West Round Lake Road Arden Hills, MN 55112 Telephone: (651) 633-5676 - Fa": (651) 633-7839 ... .. ...N~-:! '.. TOTAL P.02 /' .". e . . CITY OF ARDEN HILLS MEMORANDUM DATE: July 26,1999 6 Mayor and City Council Nancy Randall, Associate Plan r TO: FROM: SUBJECT: Planning Case #99-10, Site Plan Review Bethel College, 3900 Bethel Drive Request. The petitioner is requesting approval of a site plan for Bethel College which is located at 3900 Bethel Drive to allow a gate at the east entrance (STH 51) and monument fence with sign at the west entrance (Old Hwy 10) (Exhibit A). Background. Bethel College is currently operating on a Special Use Permit (SUP) which was issued in March of 1978 with Planning Case 78-05. In September 1980 the Master Plan was amended to allow for site plan approval of those requests which are in conformance with the Master Plan. The master plan was updated in 1996, Planning Case 96-29 and 96-26A (to be effective for a 10 year period ending with the 2006-2007 school year). The Master Plan approved (Exhibit A 2/2) shows a gate/monument at the east and west entrances. The location of the proposed monument gate and sign at the west entrance (Old Hwy 10) is in the approximate location as shown on the master plan. The location of the proposed gate at the east entrance (STH 51) is moved closer to STH 51 than shown on the master plan in order to incorporate the section of road leading to the parking lot to the south ofthe entrance. West Entrance Monument and Sign. The monument fence is proposed to be 6 feet in height with 8 foot posts with light fixtures on top. Staffhas determined this to fit the intent ofthe ordinance. The fence is proposed to be constructed from black painted aluminum with a 4 inch brick face at the bottom. A landscape plan (Exhibit B 11111) shows plantings around the proposed sign similar to the existing plantings and four black hills spruce along the monument. The applicant is proposing to remove the two existing signs at this entrance and construct one new sign. The sign is proposed to be 68 square feet and setback the required 20 feet from the properly line. The applicant is proposing to add additional lighting in conjunction with the monument and sign. The proposed lighting of the sign will be internal or a 50 -watt halogen lamp concealed by juniper shrubs as the existing sign is curTently lit. The Zoning Ordinance in Section VI, E, 3, a, b, c, and d, states that the lighting shall be directed away from adjacent properties, the source of illumination shall be concealed, and the intensity of lighting from developments shall not exceed one footcandle onto the public right-of-way. . The monUllJent fence will have a total of 6 lights made of prefinished metal to match the e fixtures at the Community Life Center (CLC) parking area. (Exhibit C 3/5). The fixtures are designed to be more decorative than functional and will be at a smaller watt bulb than those used at the CLC parking area. The applicant has stated the lights will comply with the lighting standards of the Zoning Ordinance. East Entrance Gate. Staff has three concerns with the proposed gate at the east entrance: it may cause a problem for motorists that are not familiar with the gate location, the service drive would be reduced to 20 feet where 24 feet is required, and it does not conform with the master plan and gate discussion with planning case 95-18. The applicant has provided the following comments pertaining to the entrance (Exhibit B 1/11): The purpose of the gate is to prevent access to the campus from Snelling A venue while at the same time allowing internal traffic to and from campus and the areas served by the service road. The gate location shown is the only economically feasible solution and moving the gate further into Bethel property would not be practical. The existing entrance gate (which prevents traffic to campus but not onto the service road) is closed at night. Therefore, area motorists are already aware that the campus cannot be accessed at night. Bethel will issue a notice to students and staff informing them of the future _ gate and hours that the gate will be closed. .. Three reflectroized red warning signs mounted on the East Side of gate will give advance notice to motorists that the gate is closed. The gate will close from approximately II :00 p.m. to 6:00 a.m. every night. According to a 1995 MnDot traffic count (attached), traffic on southbound Snelling Avenue averages approximately 658 vehicles per day. During the hours that the gate would be closed, traffic averages approximately 86 vehicles per hour or 87 percent less than the average. They have provided analysis showing that a passenger vehicle will be able to stop and turn back onto Snelling Avenue after seeing that the gate is closed. With Planning Case 95-18 a "control gate" was discussed. At that time it was noted in the memo dated August 2, 1995, to Planning Commission that the service drive, as a public street, provides for an uncontrolled access to the college. The uncontrolled access has been and is a security issue for the campus. If the college were to obtain the service drive, then the "control gate" would be relocated from the proposed parking lot to the intersection ofthe service drive and Bethel Drive. A "control gate" was shown on an attachment in Planning Case 95-18 (Exhibit C 1/5). A condition was placed on the approval of Planning Case 95-18 that if Bethel College relocates the "Control Gate" to the intersection of the service drive then a modification of the south corner of the parking lot would be required. The proposed gate will reduce the width of the drive at the corner to approximately 20 feet where 24 feet is required. e . The east gate is proposed to be on MNDOT properly. The applicant has obtained a permit for the placement ofthe proposed gate from MNDOT. The applicant is also working with MNDOT to have a portion of right-of-way turned over to Bethel College. The area to be returned includes the service road (Exhibit B 4/11). An alternative to the gate being in the proposed location might be to relocate the service drive as shown on Exhibit C 2/5 and place the gate further into campus. This suggestion would provide several benefits for the long term: Additional distance from STH 51 for stopping. Better alignment of the service drive (giving a greater distance from STH 51). Gate keeping with the character ofthe existing gate. Separates movements at the entrance to the campus. Accomplishes the goal of the college to restrict access. The drive width will not be reduced. They are not proposing any additional lighting at the east entrance. . Deadline for Al!:encv Actions The City of Arden Hills received the complete application for this request on Monday, June 7, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Friday, August 6, 1999 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The additional review period would extend to Tuesday, October 5, 1999. The City may, with the petitioner's consent, extend the review period beyond the Tuesday, October 5, 1999 date. Lastly, ifthe City denies the petitioners request, "... it must state in writing the reasons for the denial at the time that it denies the request." Recommendations. The Planning Commission recommends approval of Planning Case #99-10, Site Plan, for the construction ofthe west entrance monument and sign, subject to compliance with the lighting standards ofthe Zoning Ordinance. The Planning Commission also recommends approval of Planning Case 99-10, Site Plan for the construction ofthe east entrance gate, conditioned on: 1. Bethel College realigning the western portion of the service road and Bethel Drive to provide for a 24 foot wide roadway. 2. Construction of a second entrance into the existing parking lot off the service drive. 3. The applicants Professional Engineer approve and sign-off on the east entrance barrier gate plans (Attachment 8/11). e Notes. 1. Pursuant to Section VIII, E, 4, of the Zoning Ordinance no application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of denial. Updates. The applicant has supplied the City with the following additional information: . Additional information on the lighting at the West entrance gate. (Exhibit D 112) . Revised drawing ofthe East entrance gate showing the Service Drive and Bethel Drive intersection at 24 feet or more. (Exhibit D 2/2) . . . . A. ADDITION(S} UARD HOUSE OlLEGE STUDENT QUSING ENNIS COURTS OFTBAlL FIELDS A.:SEGAll FiElD <~- PORTS & RECRE. nON COMPLEX AND DOITJON OT INCLUDED SPECIAL PERMIT R IN MASTER PLAN Exhibit A 1/2 I I i , '. " ....~.... . ~ - ~-~"--'~, '. --- (- \., . ~il1l-::::..~ ..r-.... '.' j1. '.\.!~II /....... ,I <SOl', r' \, '?GfJt!-,..1I1 ~j~.o'r~' '.'" ~~o, .~ ,I! , R , ' ~ '\~:,-, \fd .,5" n\.. \~ \\'\.,- '-~ \ , . :~J~,,> ~jf 'V'" \\ P' \ --- -0. \__ \. HISTORIC CHAPEL SEMINARY ACADEMIC COMPLEX AND QUADo RANGl E ADDITION PARKING VILLAGE HOUSING CHAL8ERG RESIDENCE PARKING \ Ci\MPUSCENTER COLI..EG~ HOUSING COMPLEX GATE ADMINISTRATION BUILD, ING AND SKYWAY TO COLLEGE COLLEGE ACADEMIC COMPLEX fOOD SERVICE ADOlTlON PEOeSTRIAN MALL HOUSING COMMONS AND SKYWAY TO COLLEGE COLLEGE STUDENT HOUSING , '\ ~~ \j 'I -""J - Jo?)~~~ '~-- . _ """_,,,,,,,'"d'-';_~~I b .,,~-----..-'< ~ ~ (~ ,,~, ""J . ..~-"? --..---........... ~".....~ . ~ - - - -_. -,. ' STADIUM , -' .~,~, 'I ' , ~, ~ ~ . -/ ,,' ~nIGATE "" ~ ~ f ' '- I ( ",,*J': ~ ,! FOOTBALL SOCCER I' .~-::'/"'"A.', -l1,FIELD&TRACK \ \ ~ -:.. . ,,/ \.--r. ,~" '0~." /"' "1,~ <,:..-> 3i.-r -11 i'RACllCE "ElD \ // lj - 'J' ~ :~ I -::::---:::':::::." . ~Ii MAINTENANCE eUILDING .--~. n"-, AND CAMPUS STORAG!;: - -'.--... " . rno.Jf:.C\' S,IE' \\ Approved 1/2/97 with planning case 96-26 ECCMO(R 19'.16 BETHEL COLLEGE & SEMINARY CAMPUS MASTER PLAN ARDEN HILLS, MINNESOTA EX1S'H.le; EluILDlt~G .. PROP-oS(.C ~UllOlr,jG _ rLI1.J o 300 600 FREDERICK BENTZ I MILO THOMPSON} ROBERT RIETOW INC ','RDPC :;[C 1<84;:.\',,;,', ~ -.~J\.;'t:c";.Jl'.-" ",'Cl 'C("p.,~.c. 't', _-_~ "~"W' -...- . . . Exhibit A 2/2 Submitted with planning Case 95-18 -~ ---->~'-!! rr:l\ """:",":"" '~~ ~-------.;. -- ' "" _._-_....,'---"'~'^--~----~~-,.,-,.-----.......--~"'- . ~__~___.__ _ '~"O'_ _~"~..,<. ~i~I,\ jt.ll<O CAMf'IW f(l-IJr1 O\~? ,q;,iJG(" '--I ~ '.Jl6V-J ff-{)fl1 NOF-'{H 0iOt::' UP ....--------- .~""":,'\;.......-...,,,,""'" . .-\\';"",~,,:,""~:- "'~"\\"v" '~A... ' '" \~ ': :':':""~i )",' ,,- :' "." " , c"'-'~"'. 'i1..,._.,,--.~~..;.o, 1'..;, " . '. f"'."" I ''I' . ., r"-l> , t i-7t:1lt6!/1::;>,7.1\18 UJZf1i.Jb 0flA.T!r /' ~::.:;.:. .;" r ',' . .5.'_\' ( s.>:~ ;.:. -. t., ..4-. .~.::i' -- i ~,-- .l ,'--',: "t--..- _._;..:::-______-.-:.~ , -" -- /,/. ...-: ~~ ".'- .-:', -i ~~i;:,:..,~ .' '.:,i:;.:-,: ~ "\ /' /) //~- " ;/ ;~~- . . . EKhibi- B ~t BETHEL COLLEGE & SEMINARY Office of Physical Plant and Campus Planning p ~ .' -; .~. l: Bethel College & Seminary 3900 Bethel Drive, St. Paul, Minnesota 55112-6999 651-638-6200 faX' 651-638-6009 www.bethel.edu 6-29-99 JUN 2 9 1999 Nancy J. Randall, Associate Planner City of Arden Hills 4364 West Round Lake Rd Arden Hills, MN 55112 C"- '" . i. , ~;- t " .. '.! i VI Re: Planning Case 99-10, Site Plan Application The following is our response to your inquiries regarding the Site Plan Application for the east and west gates: East Gate Entrance . The City has a concern about unfamiliar motorist having difficnlty re-entering Snelling Avenue after finding that the gate is closed. In response to this, please consider the following: The pmpose of the gate is to prevent access to the campus from Snelling Avenue while at the same time allowing internal traffic to and from campus and the areas served by the service road. The gale location shown is the only economically feasible solution and moving the gate further into Bethel property wonld not be practical. The existing entrance gate (which prevents traffic to campus but not onto the service road) is closed at night. Therefore, area motorists are already aware that the campus cannot be accessed at night. Bethel will issue a notice to students and staff informing them of the future gate and hours that the gate will be closed. TIITee reflectorized red warning signs mounted on the East Side of gate will give advance notice to motorists that the gate is closed. TIle gate will close from approximately 11:00 p,m to 6:00 a.m every night. According to a 1995 MoDo1 traffic count (attached), traffic on southbound Snelling Avenue averages approximately 658 vehicles per day, During the hours that the gate wonld be closed, traffic averages approximately 86 vehicles per hour or 87 percent less than the average. A previously submitted analysis by Stanley Consultants shows that a passenger vehicle will be able to stop and turn back onto Snelling Avenue after seeing that the gate is closed. . Bethel is proceeding to have the right of way turned over to the College. In the meantime, we have obtained a pennit (A-99-0271) from MNDOT for tlte East Gate Project. See Attachment. . The street sign originally being relocated will not be moved and will remain in its current location. West Gate Entrance (Monument and Sign) . We have revised the Site Plan (attached), which now clearly indicates the 50ft right of way, and the 20ft setback, which is required. No other options are necessary. BETHEL COLLEGE & SEMINARY 'S01 Office of Physical Plant and Campus Planni. ------ ._-_.,-_._----~-----~--_._---_._...--._----. Bethel College & Seminary 3900 Bethel Drive, St. Paul, Minnesota 55112-6999 651-638-6200 fax: 651-638-6009 www.bethel.edu . Regarding your ligllting questions: Will tlle fixture be visible by adjacent property and will tlle light light beyond tlle property line? On tlle drawings, tlley indicate our preferred sign illumination is by an internally lit cabinet sign. Bu1, if we opt to use a floodligllt to illumina1e tlle sign, tlle 50-watt l1alogen lamp will be concealed by the juniper shrubs illustrated on tlle planting plan. Tltis is the method of iIIwnination currently used. The Iigllt will not illuminate beyond the property line. If you have further questions, please do no111esitate to call me at 651-638-6259. Sincerely, ~ :~~~ Brian Humpluies Director of Physical Plant e CC. Bruce Kunkel RE~[:e r-D'. '.-...-,. .~ . JUN 2 9 1999 GT~~ Ut f~,\~:~j~ liV;"l,j -' I I I I . I . .' . . I . . . . .. . I 21J1 .~ , " MINNESOTA DEPARTMENT of TRAN$PORTATION KEliO ~1'IS10'.'laArrIC E8Gl81iRIHG liArr!C COORI DAII LOCATION COUNTY MACHINE II :TH-51/SNELLING AVE 58, N OF JCT OF CO.RD.E : RAMSEY :GR6454 RE STATION # :3E-62~92 SB fOR COUNTS BEGINNING : Augu~t 8. 1995 DAT! DAY 789 MON. TUE. WED. 10 THU. 11 AVE. 12 FRI. WK. DAY SAT. 13 SUN. AVERAGE WEEKEND -------------------------------------------------------------------------- HOllRS 12M-1 70 56 63 1-Z 34 51 42 2-3 27 29 28 3-4 29 27 28 4-5 57 54 55 5-6 255 279 267 6-7 1145 1157 1151 7-8 2257 2236 2246 8-9 1290 1205 1247 9-10 f'.47 811 829 10-11 775 794 784 11-12N 911 977 944 12\11-1 636 907 855 666 l=c . 'f 1-2 819 730 774 ,~ . 2-3 770 797 783 J! I'~ 2 9 1999 3-4 820 788 804 ul 4-5 925 1014 969 5-6 1070 1084 1077 d ":..-. ." ,,- 6-7 ~175 936 955 ~'c,"b'.,;. n;ii-"",<.-- 7-8 659 688 673 6-9 457 480 468 9-10 366 406 386 10-11 214 246 230 11-12H 110 135 122 -------------~------------------------------------------------------------ TOTALS 8021 15908 8531 15797 REMARKS DATA FILE --> 3E6292SB ,?<;\ C7:j:J;\ ~/C.?ACl :~'~~:~~~J~~;; JlCH A SKETCH OF THE PROPERTY, PRESENT AND PROPOSED DRIVEWAYS, AND REUTlON TO TRUNK HIGHWAY. SUCH SKETCH SHAlL BE DBA WN TO SCALE WHEN REQUIRED BY THE ENGINEER. PRINT OR TYPE APPUCATlON. SIGN IN SPACE PROVIDED. SUBMIT TO LOCAL OFFICll OF MINNESOTA DEPARTMENT OF TRANSPORTATION. APPLICANT Be...i::J.-. e..( (1 Lle."f2.... TELEI'IIONK ADDUSS (-. City, s_ ZIp) 'J. ('-5) PROPER1Y OWNER TELEI'IIONK ADDRESS (S...... C;ly. S..... ZIp) ('5\ ) {,,38-,6:l (CIIlCLE ONE) 390D 8 !1,.-.J ,..... 55h:; (SPECIFIC ROAD, LANDMARK, OR ROAD 1NTERSI!C110Nl T.R. 5' \ m 12........~"'1 LEGAL DI!SCIlIFfION OF PROI'ER1Y C..... (J.4 MiIaN.l!l.E-W fN'fl!:ft - ~".... ^....:r.,,'~ ~ m 51 PURPOSE OF DRIVEWAY ~ o Tomporuy o Propoood I'llblic S..... o C..........w lSpeeify Typo) WILL THE BUILDING BE 0 Tempol'U}' PROPERlY IS IN II(Pbllod Ala ,Q(No 0 Y.. (Spcc;fy Type) DISTANCE FROM CI!In'EIl OF IDGBWAY TO FRONT OF N OP_ NlJJ\lIlER OF PRESENT DIlJVEW A YS TO PROPEllTY /- of"f"ffl 51 t 1- OF"I'" 0 J GIVE EXACT LOCA110N OF PRESENT DRIVEWAY(S) TO PROPEll1Y o UopWuod Ala BUILDING OR FROIn' OF PVMP ISLAND IS NAnn. DA11! DRIVEWAY IS NEEDED GIVE EXACT LOCA110N OF PROI'OSl!D IlIUVEWAY TO PR01'EllTY A - .' - - ~e, die: ~, ber'ewUb make: applkacioD fer pcrmiIIioo 10 ct'Il:m\X11b1: accaa: driveway lib above Iol::2IiaB. aid driveway 10 be eoDlUUdcd 10 coofona widllbc rquI.uioaI of~ MiDDeIoII ofTramporwiooaod IOlDY specialpnrvisicm Ux:tOOcd iDkpamiL II: iI~ dw an work will be door: 10 die ilWfacdoa.ofdw: MiaDe:Ioa.DcputmcIIlofTI'IDIpOItIdoa. his ftsr1bI:r Ibal DO wort in cmocaiaD wDb IhiI applic:adoa will be swud UDdlIbe applicldoD ill approwd aDd dac: pa1Dic iDual. k 11 1urtba" uadenrood Ibat d1ia pmDir: is subject 10 Ibe: IpprOftI of local city, vi.1laI:eor IIonR.IP aulboritic:l baviDajo\nllUpCt'risioa ova'" aid ta'Id orbiJinwy aodlUbjca.1O app6r:::ad'J!~ I rl;"..... widl1be nda IDd replaDoas oflbc WiaDc:soca E.....~ -I QuaJiQ' Board and III)' other .ffccud JOVc::omePfal .,CDQCI. ~ . qlE:.l'19 0... 5IlIt IIIl\'EIIllB SIDE _ GENERAL 1NF01lMA110N AND U(lUIJlI!MENTS PERMIT NOT VALID UNLF.SS BIWUNG S1GNA1tJIlE AND NUMBER AUl'BORIZATION OF PERMIT 11 is apreaIy UIldenmod IhaldUs pamiI is cooditioual upon replat.emca or raIOI'IdoG of !be mmt bipway 1D ill ortpDaI coodicioa. 01 fa . JUisfac:tory caadIdoa. Ia '. aioG of die 1pp~.1 .~ 10 comply ia aU rapedI widllbc fCIUladom of Ibc (" .. a..r of TraIlIpoI1adoa CO\'Criaa IUCb ~..di... permiItiaIl iI Jwnb)r pUItaI lot.. wodI: ID be perbmalIlI dcIcribcd II. ....-JPI?Iicali....... _'" bo",,- ia ---- - ~prvriIiom"""""- SEE ATIACHED SPECIAL PROVISIONS ~."... ,;,"_0_, ;7.~ ~ .- - .,...., "'" 2 9 dli" 1999 (i' .,. ',." lc. ;:~'-;"0'_'_'~' u~,.;..s..,~ AD wort: 10 be Compleud By CldMrt Ulll Apnlllo -..- TYI'II """ MINNESOTA DEPARtMENT OF DISI1UB11110N o 0ri1iDoJ1o Aw- o Ala M.......... E.,;.a O_~ O___S..,.....;- DEI'OSIT REQUIIlEMENTS No DepoIilIlaplDed o DepoIilIlaplDed ill... -.. 0( S Darz DepoIil_ DoIoo* to..._ _ JOIWadaI7 ............... "'.. wwlt. Cublcr', Ood<, CaIiW Ood<' M_ Older' BeaI' DAn: WOIllt COMl'U11!ll (De dIU.... dM: ...-kll-p'-..... __ 'De npcir&eII.... Ar-. "-'~ 1rIqjMr~ e . e tj'11 M-US-99-0271 C.S.6216 T.H.51 BETHEL COLLEGE THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: The applicant or its contractor shall notify the MN/DOT Roadway Regulation Office at 651-582-1443, 651-582-1445, or 651-582-1447 at least 48 hours prior to starting construction. All work authorized by this permit shall meet MN/DOT specifications. This permit authorizes the applicant to install a gate at the entrance to the college on the West side ofTH 51 as shown on applicants' plan sheets. The posts for the gate are to be located on property that is in the process of being reconveyed to Bethel College by Mn/DOT. This permit allows the work to proceed prior to the completion of the reconveyance. The applicant shall provide in-house inspection at all times while working on trunk highway right of way. The applicant shall furnish, install and maintain all required traffic control devices according to Temporary Traffic Control Zone Layouts dated January 1998, while performing the construction authorized by this permit. All persons while performing authorized work on Mn/DOT Right of Way shall be required to wear a "Mn/DOT" approved High Visibility Safety Vest and Soft Cap or Hard Hat. Any authorized night work requires all personnel to wear a Mn/DOT approved full night safety suit (pants and jacket). It shall be the responsibility of the applicant to utilize the "Gopher State One Call" excavation notice system as required under Minnesota Statute Chapter 216D, 48 hours prior to performing any excavation (phone 651-454-0002 Twin Cities Metro Area or Toll Free 1-800-252-1166). The applicant shall contact the owners of the in place utilities and make all arrangements for their relocation or revisions as required due to the construction authorized by this permit. No material shall be deposited on the traveled roadway. f"( ~-,,-< ,"'-' ~=:! .:, f JUN 2 9 1999 ''. :.,...,,,",~'.. \~, ~ ;'" ,,~.... .,~',. . . . fa IJI M-US-99-0271 C.S.6216 T.H.51 BETHEL COLLEGE It is expressly understood that this permit is issued subject to the appHcantls compHance with the Rules and Regulations of the Minnesota Environmental Quality Board and any other affected Governmental Agencies. All areas disturbed by the applicant, or their contractor, shall be restored to original or better condition. The applicant or his contractor shall notify the permit office at 651-582-1443 for final inspection. R '\ JIjN 2 9 1999 fL-,;- ""i ! ~ ,-"~"",i '-,,; ," :..:~c.:; ., . . e MIl ':J.~t; ...~...~-. "~"<.,~ ...~"'-:: -... .', ..).... , ~ 01< . "..... .,~ ..-......~-. -, .-,.- -.------.- ...................., '~I ... n_ Ui po '''I ..... ,. ""* ,..- .__......:lIIl.. 7/1/ '" 1 ,,- " . - . " " '( ~ " " bo ~ '" \i , _. ~ -... 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"...." --- , , "-;-- .., -.....~ I, $~Lr..:_~t--.~... . ,r"'1 PLAN SCALE I" = 00' -0" 3. PRELIMINARY ISSUE FOR REVIEW NOT FOR CONSTRUCTION'1-z.:z..-'1q 4 5 OWN DESIGNED DRAWN -BL~ARTLETT CHECKED APPROVED APPROVED ;.pVD APVD DATE DATE ~ 5775 Wayz ~ Minneap Stanley Consultants IN 6[8~[[9cl9 ~ [c0 lc:H 66/cc/~0 , " e e . MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, JULY 7, 1999 7:30 P.M. - ARDEN HILLS CITY HALL w~~~r CALL TO ORDER Chair Steve Erickson called the meeting to order at 7:32 p.m. ROLL CALL Present were Chair Steve Erickson, Commissioners Stephen Baker, Terri Duchenes, Therese Galatowitsch, Brent Nelson, and Marty Rye. Commissioner Dave Sand arrived at 7:42 p.m. Absent were none. Also present were Councilmember Paul Malone, Associate Planner Nancy Randall, Assistant to the City Administrator Kevin Ringwald and Recording Secretary Lori Rolfson. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON JUNE 2, 1999 Commissioner Baker moved, seconded by Commissioner Galatowitsch, to approve the June 2,1999 minutes. The motion carried unanimously (6-0). PLANNING CASE #99-10 - BETHEL COLLEGE - 3900 BETHEL DRIVE - SITE PLAN - EAST AND WEST GATE ENTRANCES - PUBLIC HEARING Chair Erickson confirmed that the Planning Case was announced in the June 23, 1999, publication ofthe Bulletin and opened the public hearing at 7:33 p.m. Ms. Randall explained that the petitioner was requesting approval of a site plan for Bethel College to allow a gate at the east entrance on Highway 51, and monument fence with sign at the west entrance on Old Highway 10. The approved master plan shows a gate/monument at the west entrance. The location of the proposed monument gate and sign at the west entrance is in the approximate location as shown on the master plan. At the time the master plan was approved, renderings of the monument gate and sign were made and the proposed gate and sign are similar to those renderings. The monument fence at the west entrance is proposed to be six feet high, including eight-foot posts with light fixtures on top. Staffhas determined this to fit the intent of the Ordinance. The light fixtures would be similar to those already on campus. The bulb to be used will be 50-watt and the applicant will be providing additional information as to whether this will meet the lighting standards of the Zoning Ordinance. The lights can be altered with shields, if needed, to comply with the Ordinance. ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 rn: r:~ '~ r"J 'i? ~ ,n~ !~ ,~. II 1111 ~nt !l -- \.' ~ If', :, ~ 2 . The applicant is proposing to remove the two existing signs at the west entrance and construct a new sign. The proposed sign will be 68 square feet and the setback would meet the required 20 . feet from the properly line, The sign will either be backlit, or will be as currently lit with a light, surrounded by shrubbery, shining on the sign. Ms. Randall advised that staff, in Planning Case 99-10, recommended approval of the west entrance monument and sign, subject to compliance with the lighting standards of the Zoning Ordinance. The east gate is shown on the master plan, however, the location of the proposed eastern gate is moved closer to Highway 51 than shown on the master plan. The master plan depicts the gate on Bethel Drive. The proposal would move the gate out further and include the service drive to one of the parking lots. At the time that the parking lot was reviewed, a control gate was discussed. It was noted to the Planning Commission that the service drive, as a public street, provides for an uncontrolled access to the College. The uncontrolled access has been, and is a security issue for the campus. If the College were to obtain the service drive, which is currently under the control of the Minnesota Department of Transportation, then the control gate would be relocated from the parking lot to the intersection of the service drive and Bethel Drive. The applicant has obtained a permit for the placement of the proposed gate from the Minnesota Department of Transportation. The applicant is also working with the Minnesota Department of Transportation to have a portion of the right-of-way turned over to Bethel College. The area to a. be returned includes the service road. The Minnesota Department of Transportation has granted .. Bethel College permission to construct the gate in the proposed location, while the College goes through the process of acquiring the properly. A condition was placed on the original approval of the east gate that called for the modification of the southeast comer of the parking lot to provide a second access point, if Bethel College relocates the control gate to the intersection of the service drive and Bethel Drive. The intent of the two entrances into the parking lot is to better circulate the traffic coming in and out of the parking lot. At this time it is difficult to get two cars side-by-side at the entrance, which essentially results in a one-car entrance to the parking area. Staff finds that the location of the proposed gate at the east entrance may cause a problem for motorists being able to turn around. The College's Engineer has provided the City with a scenario of a car entering and exiting the parking lot. Staff s primary concern was that it would be difficult for a motorist who is not familiar with the gate location, finding the gate closed and being able to exit back into traffic. Bethel College is proposing to notify all students and staff of the future gate and hours that the gate will be closed. The gate will be closed from approxinJately 11 :00 p.m. to 6:00 a.m. every night, which is the same closing time as the current gate. The other concern that staff had with this proposal was that the proposed gate will reduce the a. width of the drive at the comer to approximately 20 feet, where 24 feet is required. .. e . . ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 ~ W{ i!\ ic 1f u U1. tt'~ ;f U 3 Bethel College is also proposing to install three reflectorized red warning signs mounted on the east side of the gate in order to give advance notice to motorists that the gate is closed. However, a motorist may not see these signs until the vehicle reaches the gate. An alternative to the gate being in the proposed location might be to relocate the service drive further back into the campus and place the gate back closer to the existing location. This alternative would maintain the required 24 feet. Additionally, during normal hours when the gate is open, moving the gate back would allow more room to separate movements at the entrance to the campus. The alternative would also create a better alignment of the service drive giving a greater distance from Highway 51. Ms. Randall advised that staff, in Planning Case 99-10, recommended denial of the construction of the east entrance gate due to the findings in the Circulation section of the staff memo dated July 7,1999. In summary of the proposal, Staff recommended approval of Planning Case 99-10, site plan review for the construction of the west entrance monument and sign, subject to compliance with the lighting standards of the Zoning Ordinance. Staff recommended denial of Planning Case 99- 10, site plan review for the construction of the east entrance gate due to the findings in the Circulation section of the staff memo dated July 7,1999. If the Planning Commission makes a recommendation on this Planning Case, then it would be heard at the July 26, 1999, regular meeting of the City Council. Mr. Michael Coopet, 1636 Chatham Road, asked ifthe recommendation for approval of the west gate included the pedestrian crosswalk and future entrance drive which was depicted on the site plan. Ms. Randall stated that the crosswalk and future entrance drive were not a part of this site plan review, or recommendation. Mr. Coopet confirmed that the Planning Case was strictly for the approval of the monument and sign. Ms. Randall stated that this was correct. Mr. Coopet stated that he lives near the future entrance drive and he and his neighbors are worried about and sensitive to the issue of the future park. He stated that there should be no need for a pedestrian crosswalk or the entrance drive, if there will not be parking in the area. Mr. Coopet asked staff why the crosswalk and future entrance was depicted on the site plan. Ms. Randall explained that it was the future wishes of the applicant to tie these components into the park. At this time, the City is only reviewing the monument and the sign at this location. Mr. Bruce Kunkle, Vice President of Campus Services, Bethel College, stated that the College's concerns with staffs recommended change to the eastern gate was the precipitous drop from the existing road location down to the creek. The area is very steep and it may not be economically feasible to construct a road in this location. As an alternative, Mr. Kunkle suggested that, at existing grade, it might be possible to wrap the corner of the road tighter than currently proposed. This would gain the additional four feet needed to meet the required 24-foot width. Mr. Kunkle noted that Bethel College's Civil Engineer has worked on the proposed design and location of the gates with the Minnesota Departroent of Transportation and the Minnesota Department of Transportation had felt that this alternative would be acceptable. f(P ~ i~ f~ Tr UJ u ~ IfI~ ti .. , ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 4 Mr. Kunkle stated that the approval of the east gate was a concern to Bethel College due to the . security issue. Having an area on campus, which is not controlled at night, is a strong concern of the College. Chair Erickson closed the public hearing at 7:47 p.m., as no one else wished to address the Planning Commission. Chair Erickson asked if there is a deceleration lane to exit into when approaching the east gate entrance. Ms. Randall stated that there is a deceleration lane approaching the east entrance. Chair Erickson requested confirmation that the Minnesota Department of Transportation had approved the proposal. Ms. Randall stated that MDOT approved a permit for the applicant to place the gate in the proposed location. Staff also sent information to MDOT, however, we have not received any comments. Chair Erickson asked if the service road only accesses campus properly. Ms. Randall stated that this was correct. Chair Erickson acknowledged that there is an approximate lO-foot drop along the east entrance road. He asked to what degree the alternative suggested by Mr. Kunkle would address staff's concerns. Ms. Randall stated that the alternative suggested by Mr. Kunkle would address the deficiency in road width issue and would allow two cars to pass easily between the service drive, the parking lot, and Bethel Drive. However, there would still be the issue of accessing the - entrance off ofthe State Highway, with the gate closer to Highway 51 than it is today. ,., Additionally, there would still be the issue of stacking cars during peak times where more than one car would block the service drive. With regard to the statistics included in the Staff memo of the amount of traffic on southbound Highway 51, Chair Erickson asked if these numbers were related to traffic traveling on Highway 51, or the number of cars entering and exiting the campus. Ms. Randall stated that the numbers were representing the amount of traffic traveling on Highway 51 and not the number entering and exiting the campus. Chair Erickson stated that he was not sure how critical the stacking issue is to the proposal. He asked if the new gate proposed at the east entrance would eliminate the control gate for the parking lot. Ms. Randall stated that the control gate would be eliminated. Chair Erickson asked Mr. Kunkle ifhe had any objections to the condition placed on the approval of Planning Case #95-18 that a second access point be provided at the southeast corner of the parking lot. Mr. Kunkle stated that, although this had not been part of the College's plan, he would not have any objections to this condition. Chair Erickson asked if the parking lot is used at night. Mr. Kunkle stated that the parking lot is used for residential student parking and is used at night. . Commissioner Nelson noted that the proposal was for one long 70-foot gate. He asked if the applicant had considered installing two shorter gates in order to create an "L" at the two roads. ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 1m fD' I~) fS lr tIl) l~ I"" I: ti 5 . Ms. Randall stated that the concern for the applicant with this proposal was not being able to allow traffic in and out of the parking lot during evening hours when the gate would be closed. Commissioner Galatowitsch asked if the proposed gate at the east entrance would match the west entrance. Ms. Randall stated that the gates would not be the same. She presented the Planning Commission with a rendering of the east gate and indicated that the east gate would be more functional than decorative. Commissioner Galatowitsch asked if the sign at the east entrance would be changed. Ms. Randall stated that the applicant would not be modifying the sign, they would only be relocating the gate. Chair Erickson stated that, ultimately, his final determination lies with the Minnesota Department of Transportation's comfort level with the fact that there are deceleration and acceleration lanes to and from the location. He assumed that if the Minnesota Department of Transportation had any concerns with regard to safety, they would have raised these concerns by this time. Chair Erickson agreed that staffs recommended alternative for the east gate would improve the proposal, however, the grade drop would be an issue for the applicant. He felt that it would be a reasonable compromise ifthe applicant was willing to change the curve on the drive, as suggested by Mr. Kunkle, in order to maintain the required clearances. . Commissioner Sand concurred with Chair Erickson's comments. He indicated that if Bethel College was willing to hug the top of the elevation ofthe curb more than the road currently does, it would appear that the natural slope would accommodate moving the road enough to maintain the required 24- foot width. Commissioner Sand stated that he would be willing to vote in favor of the site plan for the east entrance ifthe applicant was able to ensure that they would maintain the 24 foot road width by moving the westbound portion of the road as close to the top of the slope as possible. Mr. Kunkle agreed with this requirement. He stated that there appears to be enough room to make this movement ofthe road. Commissioner Sand noted that the applicant would most likely have to move the existing guardrail. Commissioner Nelson asked if a Professional Engineer would be signing off on this proposal. Ms. Randall stated that staff could have this done. Commissioner Nelson asked ifthe Minnesota Department of Transportation would give final approval or denial ofthis proposal. Ms. Randall stated that, when the Minnesota Department of Transportation has concerns regarding a site plan, the City is informed of these concerns. When the Minnesota Department of Transportation does not have concerns, the City does not always hear from them. She noted that the Minnesota Department of Transportation has reviewed the site plan and has granted approval for a permit allowing the applicant to place the gate on MDOT property. . Mr. Brian Humpheries, Director of Physical Planning, Bethel College, noted that the Minnesota Department of Transportation had reviewed the site with the College and had taken measurements prior to approving the permit. Commissioner Sand moved, seconded by Commissioner Rye to recommend approval of Planning Case 99-10, Site Plan for the construction of the west entrance monument and ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 ~11 ~{ ill ~S If ,.',,:f l,i;." iris!l 1I 6 sign subject to compliance with the lighting standards of the Zoning Ordinance, and to _ recommend approval of Planning Case 99-10, Site Plan for the construction of the east . entrance gate, conditioned on: I. Bethel College realigning the westem portion of the service road and Bethel Drive to provide for a 24 foot wide roadway. 2. Construction of a second entrance into the parking lot off the service drive. Commissioner Nelson requested an amendment to the motion that a Professional Engineer approve and sign-off on the east entrance barrier gate plans (Attachment 8/11). Commissioner Sand agreed to the amendment. The motion carried unanimously (7-0). This Planning Case will be reviewed at the Monday, July 26, 1999, City Council meeting. PLANNING CASE #99-04 - CITY OF ARDEN HILLS - NEIGHBORHOOD BUSINESS DISTRICT - ZONING ORDINANCE AMENDMENT - DISCUSSION ONLY Mr. Ringwald explained that at the June 2,1999, Planning Commission meeting, staff had reviewed seven sites within Arden Hills identified in the Comprehensive Plan as possible Neighborhood Business District sites. The review had included a summary and history of each site and their relationship to adjacent properties and the neighborhood, as well as general . constraints related to these sites. Staff had also presented detailed slides of those seven sites as well as slides of Neighborhood Businesses within other communities. The intent ofthis presentation had been to allow the Planning Commission to provide staffwith any direction related to the seven sites within the City of Arden Hills and those in other communities and what the Commission liked and/or disliked about them. The intent of this evenings meeting is to review the basics of the new zoning district related to height, bulk and density and use, as well as the fine points of building and site design. Mr. Ringwald stated that he hoped to get feedback from the Planning Commission on a series of questions in these areas, included in the staff report. Additionally, he hoped to gain information on whether or not some ofthe seven identified sites within Arden Hills should be removed from consideration, modified, or if other sites should be added. The intent would then be for staff to take the information provided by the Planning Commission and draft an Ordinance format for the next Planning Commission meeting. Mr. Ringwald stated that the draft goal statement of the Neighborhood Business District was: "Neighborhood Business sites are located at the edge ofresidential neighborhoods and are intended to provide a limited range of over-the-counter convenience retail and service uses to serve the daily and weekly needs of the adjacent residents. Since these areas are located adjacent to residential neighborhoods, limitations will be placed on the type, size and intensity of uses within this district. Emphasis is placed on convenience for pedestrian, bicycle, and public transportation access. These locations can also serve as public commons, giving residents a . place to gather and interact with one another." Commissioner Sand suggested that, since there were a number of residents in the audience, the location of the seven sites identified within Arden Hills as possible Neighborhood Business Districts should be explained. . ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 rtn ro~ ill I!!J iJli 1!1~ 7 ?V Mr. Ringwald explained that, while going through the Comprehensive Plan process in 1998, the City of Arden Hills identified several sites within the community, either with existing commercial or vacant, which had commercial designations and were adjacent to residential uses. These sites, left to their current zoning districts, could have negative impacts on the adjacent neighborhoods. The Planning Commission identified these seven sites for inclusion into a new Neighborhood Business Zoning District. The discussions thus far have been to work out design considerations so that the sites that have uses on them could continue with some commercial activity, and those that are currently un-buildable, due to current zoning requirements, are allowed flexibility to develop. The seven sites are: . The northeast corner of County Road E and Old Highway 10, currently the Lindey's Restaurant . The northeast comer of County Road D and Cleveland Avenue, which is vacant . The north corner of County Road D, New Brighton Road and Lake Johanna Boulevard, which was a vacant coffee shop and had recently reopened as a coffee shop . The northeast corner of County Road E2 and New Brighton Road, currently the Baptist Conference Council . The southeast corner of County Road E2 and I-35W, which is vacant . Highway 96 west of Ham line Avenue, which contains the Old City Hall, the current City Maintenance Facility and a Daycare . 4703 Highway 10, the Big Ten Supper Club . Mr. Ringwald stated that he had contacted other cities in the surrounding area, as well as other selected cities within the metropolitan area, and asked them for copies of their Neighborhood Business Zoning Districts to provide to the Planning Commission. He indicated that the City of Arden Hills is still in the preliminary stages of creating the actual Zoning District itself. . Mr. Ringwald reiterated that the basics of zoning deal with height, bulk and density, and use. The Zoning Ordinance limits the maximum height of structures to 35 feet, except for the 1-2 and the I-Flex zoning districts. However, most homes in residential neighborhoods, including those adjacent to the seven sites, are less than that maximum height. The Planning Commission should provide direction on whether to stay with 35 feet as a maximum or whether to go to something else (such as one story) and to possibly allow increasing up to 35 feet (i.e., two story) if that scale is in keeping with the neighborhood standard. Under a different section, the staff report discusses peaked roofs, which take up some of the 35 feet. Generally, in most commercial zoning districts, if there is a 35-foot linJit, the structure will be less than 35 feet. With a zoning district such as the Neighborhood Business District next to residential uses, the buildings that fit in well with the neighborhoods, generally utilize peaked roof. This maintains the appearance of being the same size and scale as residential uses. With regard to bulk and density, Mr. Ringwald explained that the floor to area ratio for small business sites generally range from 0.7 to 0.85. The floor to area ratio is determined by adding up all the square footage in the building and dividing this figure by the square footage of the properly. If the Planning Commission desires only single level buildings then the floor to area ratio should be in the 0.3 to 0.4 range. A higher ratio than this generally implies that two story buildings are acceptable. ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 r ro- .j1 ,....-. 1r n~ r' iii [rJ II;' >., I' U'.) U , "". o;;! 8 The lot coverage by structures for small business sites ranges from 30 percent to 40 percent, with the minimum landscape lot coverage from 25 percent to 35 percent. Unless the Planning . Commission directs otherwise, the Staff would propose to keep these lot coverage limitations within the stated range. Included in the staff report, as Exhibit A, was a list of possible specific uses for the Neighborhood Business District. These uses were listed out specifically so that, if there were some items that the Planning Commission felt were inappropriate, they could be removed. It is not unusual to find in any given zoning district, such as the Gateway Zoning District, that retail uses are allowed and a special section which defines what particular retail uses are allowed or prohibited. Columns were included in the handout to allow the Planning Commission to designate which uses should be permitted, permitted under special use, or not permitted at all. If there is a category in which a group of uses, which are permitted, would fall under, these could be grouped into a broader category such as office. With regard to office uses, Commissioner Rye asked, if a building meets the district requirements, how is the leasing for uses of building controlled. Mr. Ringwald stated that this control would be no different than for any other zoning district. In a commercial setting the leasing agent will contact the City to determine what is allowed and any other issues related to the site. If this does not occur, one point at which the City would have contact with the new tenant is that they will want signage, which requires a permit. Additionally, if a tenant wants to make tenant improvements, they would have to be in contact with the City. Chair Erickson asked how the height of a residential structure is measured. Mr. Ringwald stated . that the measurement is the average height of the building. He noted that most single family homes are less than 35 feet, particularly the homes adjacent to the identified sites. Chair Erickson stated that he was not sure that the Planning Commission would want to limit the sites to single story. Some may lend themselves better to single story. However, considering the options ofthe adjacent zoning districts, it would be appropriate to create a set of design guidelines, which are as close to the adjacent resident districts as possible. He would not want to create any additional hardships on the future development of the identified sites. Mr. Ringwald concurred. Chair Erickson noted that the proposed Neighborhood Business District is a hybrid of a zoning district with a planned unit development overlay. With a planned unit development the City can give guidelines for items such as materials to be used on buildings. Therefore, it would be appropriate to give direction and allow a future developer to request slight differences, as long as it meets with the standards for a high quality development. Chair Erickson stated that a 35-foot building with a sloped roof should be acceptable for a commercial structure adjacent to residential uses. He would not want to allow three story structures and he noted that the floor to area ratio would limit the height of a structure. Commissioner Galatowitsch stated that she would not want to limit the sites to one story buildings since some of the lots are so small, they would have no choice but to build up in order . to gain sufficient square footage for a business. She noted that because of the topography, it is not always obvious that a building is multiple stories. Mr. Ringwald agreed and noted this is similar to a single family home with a walkout. The home may appear to be a two story, however, with a sloping yard, there could be a walk-out at the third level. . . . rn-~ rOi " flJi.' in, j i!\ bJ l,,! t;,' [f'~ 9 ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 Chair Erickson asked if the lot and landscape coverage percentages were based on actual proposals. Mr. Ringwald stated that they were based on both actual proposals and the Code, similar to other Neighborhood Business Districts currently in existence in other communities. He noted that these percentages do not include the parking lot. Commissioner Rye noted that some sites are not large enough for parking lots and suggested the discussions also include on-street parking. Mr. Ringwald stated that this issue would be discussed later when the site design aspects are reviewed. Chair Erickson asked if staff was looking for specific feed back from the Planning Commission on the list of specific uses. Mr. Ringwald stated that he was particularly interested in those uses the Planning Commission would not want to be permitted and those permitted only under special use permits, as well as any uses that may be added to the list. Chair Erickson suggested that the Planning Commission go through the list and indicate their feelings for the various uses and return the list to Mr. Ringwald. He noted that the draft goal statement indicates that the intent is to "provide a limited range of over-the-counter convenience retail and service uses to serve the daily and weekly needs of the adjacent residents." He stated that all of the listed uses do this, however, they also present certain challenges. Given the locations of some of the identified sites, some intense uses may benefit the neighborhood and may require special use limitations. Commissioner Rye asked what would happen if a developer proposed a use which was not on the list of permitted uses. Mr. Ringwald stated that it would be up to the Zoning Administrator to review the request and determine ifthe proposed use would fit within the zoning district. The Zoning Administrator then makes a recommendation to the Planning Commission and City Council to make the final determination on the appropriateness of the use. Commissioner Rye suggested including a description ofthis process in the Zoning Ordinance. Mr. Ringwald stated that this would not be necessary since this information is already in the City Code. Commissioner Nelson asked if the list of uses should be discussed at this time, rather than the Planning Commission turning the list into staff at a later date. Chair Erickson stated that he had hoped to get through the entire presentation, rather than focusing on one portion of it. Mr. Ringwald noted that there is no time limit in which to complete these discussions. The schedule, which was established, included a self-imposed time limit, which does not have to be adhered to. Commissioner Galatowitsch asked if the goal was to include as many uses as possible in the zoning district. Mr. Ringwald stated that this was not the goal. He indicated that the goal for the Planning Commission was to identifY which uses would be objectionable and which could and could not be rectified. He noted that the uses included in the list were found in other city Codes and he would not necessarily recommend all of them for the City of Arden Hills. Commissioner Galatowitsch asked what if the Planning Commission found uses that they felt should be added to the list. Mr. Ringwald stated that any additional uses identified by the Planning Commission could be added to the list. ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 1m r", .'. {)j ~j,~1 ? I( ~ 10 Commissioner Galatowitsch noted that in some neighborhoods there are small specialty stores . and/or antique stores located between houses that should be considered as part of this zoning district. Mr. Ringwald stated that these uses could be included under a broader category. He noted that many of the uses will be pulled together. For example, if all of the office uses are found to be appropriate, they could be grouped together under one office category, rather than listing them out separately. Commissioner Nelson asked for the definitions of Public Uses, Automated Kiosks, Exterior Storage and Sales, and Residential Facilities. Mr. Ringwald explained that Public Uses include Federal, State, City, or County Government uses. This category excludes Independent School Districts. Automatic Kiosks are essentially cash machines or similar devices. Commissioner Sand asked if Automatic Kiosks include drive up coffee shops. Mr. Ringwald stated that this type of use would be considered a drive-thm, or drive-thm with intercom. Mr. Ringwald explained that Exterior Storage and Sales includes the storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Therefore, anything kept outside for the purpose of the business, would be Exterior Storage. This may include items such as ice machines, pop machines and outside restaurant seating. Residential Facilities are any facility, public or private, which regularly provide 24-hour per day care, food, lodging, training, education, supervision, rehabilitation or treatment. This basically includes foster homes, residential treatment shelters, group homes, and schools for the e handicapped. Commissioner Sand asked what facilities within Arden Hills would fall under this category. Mr. Ringwald stated that the City of Arden Hills has some residential facilities within the community. These include a facility on the northeast comer of Amble Road and Hamline Avenue as well as approximately five other facilities. He noted that the County licenses these facilities which are located in single family homes. Commissioner Rye asked if there are special requirements that these sorts of facilities must be allowed within the City. Mr. Ringwald stated that there are certain requirements within residential zoning districts, however, they would not apply to a Neighborhood Business District. Chair Erickson asked if it would be legal to make this type of facility a non-conforming use. Mr. Ringwald stated that it would be legal. Commissioner Sand stated that he had read through the entire staff report and he had counted approximately 10 directions from staff for consideration by the Planning Commission. Although the schedule for drafting the district is self-imposed, it seemed to him to be slightly aggressive and contained a great deal of homework. He hoped to treat this issue very seriously because most of the areas being discussed are adjacent to single family homes. The outcome of this new zoning district will seriously directly impact the adjacent residential structures. With regard to the list of uses in Exhibit A, Commissioner Sand suggested that the Planning e Commission consider what these particular businesses generate in terms of noise, odor, traffic congestion, or anything which would disrnpt what is considered the natural quietude of the neighborhood. Any business, which would generate traffic or odor from gas fumes, should either be not permitted or permitted only under a special use permit. ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 [;i: r::'- 1 C':;i '1? '0' [!j ; { ;! ,~~ {iL Ii '1... ;:,,~ !:'; Ii 11 e Mr. Ringwald concurred with Commissioner Sand and added lighting to the list of criteria. He agreed that all of these issues would be excellent reasons for red-flagging particular types of uses for either inclusion in the not permitted or special use categories. Commissioner Sand suggested also including height in this list of criteria. If a particular business, in order to be profitable, needs a certain number of square feet and there is limited lateral square feet, this would need to be adjusted by building up. There should be some limitation on the height in a neighborhood area while trying to balance this with the ability ofa business to conduct itself profitably. Mr. Ringwald suggested that the Planning Commission could end the discussion this evening with the basics, and continue with the building and site design discussions at the next meeting. Commissioner Sand stated that he had hoped to consider this issue in a more generic matter this evening, rather than getting into too much detail. He indicated that one category of site design which he felt should be included was keeping in mind that at least three of the seven sites are at Gateway corners. He proposed item number 11 under site design be: Gateway/Entrance Design, stating that for sites located at or near designated Gateway entrances, according to the Comprehensive Plan, special attention should be given to site design, landscaping, signage and lighting. Mr. Ringwald concurred. . With regard to whether any of the seven sites should be deleted, or if any should be added, Commissioner Sand stated that he did not understand the importance of the Baptist Conference Council site as a neighborhood business. This use has been in this location for a long time and has not been a concern for the neighborhood. He also questioned what to do with the Big 10 Supper Club and noted that this site may be important because of the activities at the Arsenal site. With regard to the site containing Lindey's restaurant, he felt that there should be improvements with the landscaping on the site, however, he did not know what would need to be done to further limit the site. The restaurant has also been there for a number of years and exists cohesively with the neighbors. Mr. Ringwald stated that one consideration for inclusion ofthe developed sites was what is it about them that make them work in the residential area. He added that, as the City went through the Comprehensive Plan review process, the four vacant sites were considered for the new zoning district first. The other three developed sites were added later. One thing that was taken into consideration, particularly with the Baptist Conference Council site, was not so much the use on the site now, but what could be allowed under the B-1 zoning if the current use no longer existed. Mr. Ringwald stated that one reason for having included the Old City Hall site was because it is adjacent to single family homes to the west, and townhouses to the south. Additionally, the intent is to limit the range of uses on this very large site. . Commissioner Sand stated that the Old City Hall site was interesting because, as the Arsenal develops over the next 20 years, and Highways 10 and 96 are updated, any development on this side of Highway 96 must take into consideration what will be developed across the road. It was his understanding that Hamline Avenue and Highway 96 will be a major entrance into the City. For this reason, what is done with this entrance, and the area around it, is important. Chair Erickson stated that, having read through the staff report, it appeared as though staff was heading in the right direction. He suggested that, rather than reading through the entire draft at this time, the Planning Commission could simply discuss any particular concerns they may have. , ji !t.:' U'", 12 ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 With regard to the Basics section ofthe draft zoning district, Chair Erickson stated that he felt . that the height requirement should stay the same and building size limited by design requirements and peaked roofs versus flat roofs. He expressed his belief that peaked roofs would be appropriate at all the sites. He stated that the bulk and density requirements would need additional testing ofthe sites to determine what floor to area ratio will work. The suggested ratio may be more acceptable to smaller sites than the larger ones. He indicated that the lot and landscape coverage requirements would be acceptable. Commissioner Rye asked if it would be more efficient to bring up each issue in the draft and allow comments from all the Planning Commission members prior to moving on to the next issue. Commissioner Sand suggested that each of the Planning Commission members use the chart in Exhibit A to indicate which category those uses should fall under. This chart could then be submitted to staff to inform them of what uses the Commission feels should be permitted, not permitted, or permitted under a special use. Staff could then develop a consensus from this information. With regard to the other issues within the draft, Commissioner Sand stated that he had not given specific thought to every item in order to express an opinion this evening on the entire draft. He stated that he would be willing to comment on each of staff s questions and send an E-mail or letter back to staff. Mr. Ringwald suggested that the Planning Commission mark up their copies of the staff report with comments and concerns and return these back to staff. The members of the Planning Commission agreed. e Commissioner Rye asked Mr. Ringwald ifhe had a copy ofthe draft on computer. Mr. Ringwald stated that he does. Mr. Ringwald asked if there should be a due date for the comments from the Planning Commission. Mr. Ringwald requested that the comments be returned to him by Friday, July 16,1999. Chair Erickson asked ifthe members of the audience were provided with a copy ofthe staff report and draft zoning district. Mr. Ringwald stated that they were not. Chair Erickson invited the members of the audience to address the Planning Commission on the discussions this evening. He noted that the initial goals for creating this zoning district were to help promote the appropriate development of the sites identified in the Comprehensive Plan and try to continue the unique character of Arden Hills. Commissioner Sand suggested that the members ofthe audience could call the City Hall to request a copy of the staff report. Mr. Ringwald stated that copies could be made this evening for the audience. Mr. Elwood CaldweU, 1451 Arden View Drive, asked what the current zoning is of the seven sites under consideration. Mr. Ringwald read through the zoning designation of the seven sites and the audience members were provided with a chart of this information. Commissioner Baker asked, since the Comprehensive Plan designates these sites as Neighborhood Business, would the Comprehensive Plan supersede over the zoning district once e the new zoning district is approved. Mr. Ringwald stated that this would be assuming that the City knew what the Neighborhood Business District was, however, the Comprehensive Plan does take precedence over the zoning district per State law. . e . ,II l1t~ ..; d jj ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 ,p~; 13 Mr. CaldweU asked what the differences are between the B-1 and B-2 zoning districts. Mr. Ringwald provided the audience members with a chart which explained the different uses that are permitted, not permitted, or permitted under a special use for each of the different zoning districts. Mr. Steve Nelson stated that his interest was in the County Road D and Cleveland Avenue site as he was currently in the process of developing a plan for what will fit on this site. He asked the Planning Commission for any additional comments or questions with regard to Site Design items number two, Buffering; number four, Circulation and Parking; and number seven, Building close to street versus parking close to street. He had hoped to present the Planning Commission with a site design for this site at its next meeting. Commissioner Sand asked Mr. Nelson ifhe was aware that this corner was a designated Gateway comer. Mr. Nelson stated that he was aware that the site is a Gateway corner. He asked if the Planning Commission had any suggestions or comments at this time for the development ofthis site. Commissioner Galatowitsch stated that this was the reason for this evening's discussions and all the parameters of the new zoning district have not yet been decided. Chair Erickson added that the Planning Commission had not reached the point of discussing site designs. Commissioner Sand stated that this corner has been discussed a long time and has jokingly been known as "Dave's corner" because he lives near it and has a strong interest in what develops on the site. His response to Mr. Nelson was that this corner must be considered in the context that it is an entry to Arden Hills and this represents the City of Arden Hills. It was his opinion that the City wants entryways into Arden Hills to tell people as they arrive that this is a different village than what is seen at the other comers on County Road D. He added that this site is also limited due to its size so it restricts what can be constructed. Additionally, what will be happening at the other corners must be taken into consideration. Commissioner Sand indicated that Ken's Market in New Brighton is being reconstructed and will be set back from the corner with an L shaped building. The parking will be expanded in the front portion ofthe site towards the street. Therefore, on all other corners the buildings will be setback from the street. Whether or not the building at the County Road D and Cleveland Avenue site should be setback from the comer as well is an architectural determination. However, since there are houses behind this site, the residents would probably prefer to have the building adjacent to the homes rather than cars, which generate noise and fumes. Therefore it was his preference that the building be setback on the site with the parking to the front, while accommodating the Gateway landscaping with the parking area on the corner to provide for the entryway signage. Ms. Cathy Arth, 1373 Arden View Drive, stated that she lives directly adjacent to the Old City Hall. She stated that it was the intent of her Townhouse Association to send a survey to the Townhouse residents to determine what they would or would not want to see developed at this site. However, it was now her understanding that it does not matter what the properly is zoned because the City can put in what they want according to the Comprehensive Plan. Chair Erickson stated that this was incorrect. He indicated that part of what was being discussed this evening was that this site had been designated on the Comprehensive Plan as a Neighborhood Business site, as opposed to the current B-1 and R-l zoning districts. The intent is to restrict this site more than it currently is according to the current zoning. The current ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 {7" r"., ..-~1 :-~ 1? 311' ,:D; [!:!J 'f1' i? 'I I.J>! 1l":1 l~; 11 14 zoning, ifleft as is, would allow more uses than the City and neighborhood would want. If the zoning district were not modified, the City would have no choice but to allow any of the . ,businesses, which are permitted under the B- I and R-1 zoning districts to be developed, which may not be appropriate next to a residential area. Ms. Artb asked ifthe Neighborhood Business District would be an entirely new zoning district. Commissioner Sand stated that the Neighborhood Business District would be a separate zoning category with more limited uses than the current business districts. Ms. Arth asked, once the Neighborhood Business District is defmed, would the residents have a say in what can or cannot be developed on the sites. Commissioner Sand stated that there will be a public hearing. Ms. Arth asked if the Townhouse Association will be informed of this public hearing in enough time to allow the residents to be surveyed so a statement can be sent to the City prior to the public hearing. Mr. Ringwald stated that the public hearing was currently scheduled for September 1, 1999. If the proposed timeline is not adhered to, the public hearing may be moved out to a later date. Ms. Artb stated that the City only notified six of the 144 homeowners in the townhouse complex ofthese discussions. Mr. Ringwald stated that notice was sent to all of the buildings that were adjacent to the Old City Hall property as well as the Townhouse Association. Staff found that Ramsey County's Department of Property Records and Revenue had the wrong address for the Townhouse Association. The staff now has the correct address. . Ms. Arth noted that the Townhouse Association had lobbied for the B-1 zoning district on this site and won. She asked how she and the other residents could have an impact on the future zoning and development of this site. Mr. Ringwald suggested that Ms. Artb continue to be involved with the entire process. He noted that the City Council, as elected officials, make final determinations and, with regard to these seven sites, the City Council must consider what is best for the entire City while taking into account the feelings of the residents. The process being followed now, as well as the public hearing process, are used to identifY issues and concerns on everyone's part so that the City Council can take this into consideration when making fmal determinations. Ms. Arth asked if it was likely that the public hearing would be held in September. Chair Erickson stated that, if Ms. Artb was concerned whether or not there would be enough time to conduct a survey, then the survey should be conducted now in order to allow the residents to express what they feel would be appropriate uses for the property. He suggested that Ms. Artb take the information developed by staff over the last couple of months and bring this back to the Townhouse Association. Mr. Ringwald also stated that the Townhouse Association could create a list of uses that they felt would be appropriate for the site and return this list to him. Ms. Arth stated that she had intended to use the list of uses under the B-1 zoning district. Since the zoning district will be changing, she asked if this list would still be relevant. Mr. Ringwald stated that it was up to the .. Townhouse Association to decide how they want to deal with this issue. He noted that the B-1 .. list of uses is much more detailed and if Ms. Artb wished to use the City Code chart, which is similar but less detailed, this would also be acceptable. He added that the chart provided with this evenings staff report might also be useful. . e e ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 fh~ :6"; i!l r.;o 'l? ,. .id , , '~ rJ!J U1J 'I f:r.~ lJ II 15 Commissioner Sand noted that the Old City Hall site is the largest parcel being dealt with and there may be more options of how the land could be used. Therefore, it would be important to know how the residents in that neighborhood would like to see the land developed and he would welcome guidance from the residents. Mr. Caldwell noted that the intent of this and subsequent meetings was to determine the content of the proposed Neighborhood Business District. With regard to the process, he asked what the relationship is between these discussions and the rezoning of the seven sites. It seemed to him that it would be a separate process to rezone the sites when and if the Neighborhood Business District zoning is approved. Mr. Ringwald stated that adopting the new zoning district and designating the rezoning could be done at the same meeting. Ms. Arth asked who owns the property which contains the daycare on the Highway 96 and Hamline Avenue site. Mr. Ringwald stated that the City owns the majority of the site and the portion that contains the daycare is owned by the owner of the daycare. Ms. Arth asked which of the seven sites was being referred to as not being buildable. Mr. Ringwald stated that the site at 3130 Cleveland Avenue is not buildable at this point because there is a negative three feet of buildable area with the current zoning requirements. Ms. Arth stated that she has lived in her townhouse for 18 years and has planted evergreens which will somewhat protect her from any new development. Chair Erickson reiterated that the Planning Commission was to mark up their copies of the draft Neighborhood Business District with comments and questions and return these to staffby Friday, July 16, 1999. Commissioner Sand asked if the consensus was that, if the City was going to develop a Neighborhood Business District, the intent would be to create a zoning district which is more restrictive than the existing B-1 and R-l zoning districts with respect to the type of businesses allowed. Commissioner Duchenes stated that this was generally true, however, the Planning Commission has discussed allowing uses which are currently not permitted in the B-1 zoning district. Therefore, in some areas this new zoning district may be more permissive than the B-1 zoning district. She noted that the goal is to create a district which especially focuses on uses which are acceptable to the residential uses. With regard to the site on Highway 96 and Hamline Avenue, she stated that this will never be an easy site to access without a frontage road. She indicated that it would be nice to be able to access these neighborhood sites on a bicycle or on foot. Commissioner Sand confirmed then that the goal is to make the sites more compatible with the adjacent neighborhoods and to ensure the intent of uses would not be to provide service outside the neighborhood. Commissioner Baker noted that not only is the City trying to do something good for the neighborhood, it is also trying to do something good for the buildability of the properties. Flexibility would be given in setbacks and site plan design to allow these sites to be developed and utilized in ways that they can not be used under the current zoning districts. If all of these ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 m: 01 IiI ;<" li [lj uti Ii'~ ~ u 16 objectives are met it will be a win-win situation for the neighborhoods, the property owners as . well as the City. With regard to the bulk and density ratios, Commissioner Nelson asked what sort of building would be allowed with a ratio of either 0.7 or 0.5. Mr. Ringwald stated that a building within the 0.7 to 0.8 range, with lot coverage of 30 to 40 percent, would be a two-story building. Commissioner Nelson concluded that a building with a ratio of 0.5 could be a one and one-half story building. Mr. Ringwald stated that, in theory, this was correct. Commissioner Nelson asked if any of the seven lots would still be un-buildable with the proposed reduction of setback from residential uses from 100 feet to 20 or 30 feet. Mr. Ringwald stated that with this reduction in setback requirement, all of the seven lots would be buildable. He noted that there would be some trade-offs and the orientation and buffering would have to be closely considered. Commissioner Nelson asked, if all of the sites would be buildable with a 30-foot setback, why did staff include a 20 foot setback option. Mr. Ringwald stated that he had simply included the 20-foot setback as one more option for the Planning Commission to consider. Commissioner Nelson asked what the minimum setback would have to be in order to allow all the sites to be buildable. Mr. Ringwald stated that any setback less than 50 feet would allow all the sites to be buildable. Chair Erickson asked how staff arrived at the suggested 30-foot setback requirement. Mr. . Ringwald stated that staff had considered the amount of buffering that would be allowed with either 20 or 30 feet of setback. With 30 feet there can be more plantings back-to-back, particularly with evergreens, as well as allow room for fencing and other buffering possibilities. A 20-foot setback would only allow for a single row ofplantings. Commissioner Rye noted that the list of zoning district uses found in the Zoning Ordinance is not the same as the chart in Exhibit A and suggested that the Planning Commission consider these uses as well. Mr. Ringwald stated that he would be willing to take as much direction from the Planning Commission as they give him. COUNCIL REPORT Councilmember Malone reported that Planning Case #99-08 was approved by the City Council at its Juoe 14, 1999 regular meeting. Councilmember Malone reported that the City Council approved the installation of a new play structure at the Arden Oaks Park. Councilmember Malone stated that the City Council has discussed the upgrades to the Arden Manor Park located within the Arden Manor Mobile Home Park. This park is not owned by the City, however the City does have an easement over the Mobile Home Park, which was given to the City in lieu of park dedication fees. The park is not maintained well and there are drainage . problems with the properly. The City does have play and picnic equipment at the park, which will be replaced at a cost of approximately $50,000. However, the site needs approximately $75,000 worth of earthwork. The City Council has decided to try to have the earthwork paid for by the Mobile Home Park Owner by way of an assessment. e e . ARDEN HILLS PLANNING COMMISSION - JULY 7, 1999 !=J. Igj !!1 ~-" 1? in, .' [fii ,;:> Ji Li' wi.- t,...~ I! U 17 Councilmember Malone stated that the City has begun work on the year 2000 budget and Capital Plan that must be accomplished by August in order to have the levy figured out by September for next year. Councilmember Malone stated that the City continues working on recodifying the Ordinances. This work has been ongoing since 1993. Councilmember Malone stated that the TCAAP Zoning Request for Proposal (RFP) is out, which is covered in the Comprehensive Plan. The land is currently zoned but must be rezoned in accordance with the Land Use Plan. With regard to the Arsenal land transfer, Councilmember Malone stated that the legislation is still not signed, which must be accomplished before October. Commissioner Sand asked how this has effected the bidding for the new City Hall. Councilmember Malone stated that the bid expired on June 9,1999 and had been extended until August 9, 1999. However, he felt it was likely that the City will have to re-bid the project. Councilmember Malone stated that staff has upgraded the Code Enforcement Program. For years, code enforcement had been done by property owner name, which was an inefficient process. The files were converted to personal identification numbers and included in the GIS system. Couocilmember Malone stated that the Presbyterian Homes is refmancing some bonds and has chosen to do this through Arden Hills. The funds will be used to make upgrades to the facility within Arden Hills, as well as facilities in other communities. The issuance of these bonds does not affect the borrowing power of the City of Arden Hills. Councilmember Malone stated that the City Council received information from the Minnesota Department of Transportation and Ramsey Couoty regarding the upgrades of Highway 96. The original plan for the intersection of Highway 10 and Highway 96, which was approved by the City Council, included access from Highway 96 to Highway 10. The proposal by the State and Ramsey Couoty had eliminated all access to Highway 10. The plan would include a grade separation with Highway 10 being constructed over Highway 96 with no ramps in any direction. The Minnesota Department of Transportation has taken the stand that the City must either accept this option, or nothing will be done to Highway 96. The City Council chose the not to accept the option and to do nothing with Highway 96 for now. Commissioner Sand asked if these developments jeopardize the rest of the Highway 96 improvements. Councilmember Malone stated that it does effect Highway 96. In order for any of the other improvements to be accomplished, the City must accept no access at Highway 96 and Highway 10. The State would be willing to construct a frontage road along the west side of Highway 10, from Sherer Brothers to Highway 96, which would result in the removal of the homes along this area. Commissioner Sand confirmed that this would result in there being no access onto Highway 96 from northbound Highway 10. Counci1member Malone stated that this was correct. COMMISSION COMMENTS ARDEN HILLS PLANNING COMMISSION - JULY 7,1999 ~, ,'--", , ;'~ 'if ~m :;:),' ,II ;'/'jI rnl - ';:' " L:,:l i".~ " \.~ .." 'j 18 Commissioner Sand asked if the Planning Commission would be involved with the Civic Center RFP, since it does involve zoning, planning and consistency with the Comprehensive Plan. Mr. Ringwald stated that the consultant will be presenting the Planning Commission with the documents regarding the Civic Center RFP. With regard to the County Facility, Commissioner Sand stated that it was his understanding that this would become either a maintenance facility or possibly a Sheriff Department facility. Mr. Ringwald stated that the legislation clearly states a Public Maintenance Facility only. Commissioner Sand asked if the facility would be within the 170 acres. Mr. Ringwald stated that it will be. Commissioner Sand asked what influence the City will have with how that facility is sited and its overall appearance. He noted that this site is another entrance into the City of Arden Hills. Mr. Ringwald stated that the City has very little influence on the siting, however, the County must respect the City's zoning requirements. This was one of the principal reasons for the City moving fast to get the Neighborhood Business District in place. With the zoning district in place, the County will have to abide by these zoning regulations, which discuss setbacks and building materials, etc. Commissioner Nelson noted that an article in the Shoreview Newspaper regarding the Highway 10 issues seemed to have a different outcome than reported by Councilmember Malone. Councilmember Malone stated that the Shoreview Newspaper did have a reporter at the Council meeting during these discussions. ADJOURNMENT Commissioner Sand moved, seconded by Commissioner Nelson to adjourn the meeting at 9:44 p.m. The motion passed unanimously (7-0). i' ., I " . . . .. i, ,",,'I' e . . CITY OF ARDEN HILLS MEMORANDUM DATE: July 22, 1999 TO: Brian Fritsinger, City Administrator Terrance Post, City Accountant @f.) Earthstar Project, Inc., Charitable Gambling Premises Permit Renewal Application (License No. A-04711-001) FROM: SUBJECT: Backl!:round The two-year Premises Permit for the Earthstar Project, Inc. to conduct Class A gambling activities (i.e., bingo, paddlewheels, pull-tabs, tipboards) at the Pot 0' Gold will expire on September 30, 1999. State Charitable Gambling Board requirements include Premises Permit renewal application materials and the supporting City Resolution to be reviewed and approved sixty (60) days prior to license expiration date. The applicant has submitted the following documentation in support of the renewal application: a. A completed State of Minnesota Premises Permit Renewal Application Form (Exhibit A); b. Lease Agreements for bingo at a permitted premises (LG222) signed by lessor Goldie K. Siedow (Exhibit B) and for pull-tab, paddlewheel, tipboard and/or raffle at a permitted premises (LG221) signed by lessor Goldie K. Siedow (Exhibit C); and c. Paid the $100.00 permit investigation fee. In addition, staff has obtained background checks for all individuals with check-signing authority of the charitable gambling organization and noted no irregularities among officers of the organization. A review of compliance with ordinance fifty percent (50%) trade area spending requirements for the twenty-four (24) month period from July, 1997 to June, 1999 has resulted in a finding that the organization has essentially met this City requirement by expending 49.9% in the trade area (Exhibit D). Of particular note are contributions totaling $37,023 to NYFS and $17,200 to Arden Hills Parks and Recreation during this period. The organization's Executive Director, Perry Bolin, has been invited to the Council meeting to address any questions the Council may have of the applicant. Memorandum, Earthstar Project Premises Permit Renewal Application Page Two July 22, 1999 Recommendation Staff recommends that the City Council consider approving Resolution #99-21, "A Resolution Approving Earthstar Project, Inc. Class A Charitable Gambling Premises Permit Renewal Application at Pot 0' Gold," at the July 26, 1999 regular Council meeting. --. .. . . . , e . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO, 99-21 A RESOLUTION REQUESTING APPROVAL OF CHARITABLE GAMBLING PREMISES PERMIT APPLICATION FOR EARTHSTAR PROJECT, INC. AT POT 0' GOLD, INC. WHEREAS, the City has received a renewal premises permit application from Earthstar Project, Inc. for Class A charitable gambling activity at Pot 0' Gold, Inc., located at 3776 Connelly Avenue; and WHEREAS, all City licensing and fee requirements have been met as required by City Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota: That the City of Arden Hills hereby agrees to approve the Premises Permit renewal application for Earthstar Project, Inc. for Class A licensed charitable gambling activity to be located at Pot 0' Gold, Inc., 3776 Connelly Avenue, Arden Hills, MN, for a period from October 1, 1999 to September 30, 2001. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 26th DAY OF JULY, 1999. DENNIS PROBST, MAYOR ATTEST: BRIAN FRITS INGER, CITY ADMINISTRATOR fM,f>,-r 1\ '(1- JIIIlPPR PRINTED: STATE OF MINNESOTA GAMBLING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATION IFOR BOARD I AMT PAID I CHECK NO. I DATE USE ONLY I I I I bst LICENSE NUMBER: A-04711-001 EFFECTIVE DATE: 10/01/97 EXPIRATION DATE: 09/30/99 NAME OF ORGANIZATION: Earthstar Project GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Pot 0 Gold 3776 Connelly Ave Arden Hills 55112 COUNTY Ramsey IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: No IF NO, LIST THE LESSOR: Pot 0 Gold 3776 Connelly Arden Hills HN 55112 NAME OF PROPERTY OWNER (WHEN NOT LESSOR) : Goldie Siedow ~E FEET PER MONTH: ~E FEET PER OCCASION: o 9404 AMOUNT PAID FOR RENT PER MONTH: 0 AMOUNT PAID PER OCCASION: 300 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: Yes IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 3776 Connelly Ave Arden Hills HN 55112 BANK INFORMATION Firstar Bank 4061 N Lexington Ave Arden Hills MN 55126 GAMBLING BANK ACCOUNT NUMBER: 812304659 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. Alta Bordeux - 1918 Upper AftonRd, St. Paul, MN 55119 - President Zalona VanWert - 1075 W. Shryer Ave., Roseville, MN 55113 - Director Perry R. Bolin - 1954 Iglehart Ave. #2, St. Paul, MN 55104 - Gambling Mgr. e (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (1. E. LARGE PRINT, BRAILLE) UPON REQUEST 6Jtl~11 A '71- ACKNOWLEDGMENT GAMBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGE~ OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONE~P TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. . DATE LOCAL GOVERNMENT ACKNOWLED 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATI3RE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** ~ OR COUNTY NAME AflOf!)J /huS TOWNSHIP NAME E OF PERfi..N REC PLICATION SIGNATI3RE OF PERSON RECEIVING APPLICATION TITLE Ct t"( fJk1.ffv,1.(.~ DATE RECEIW 7/ /v,/17 J I REFER TO THE MAIL 1711 TITLE DATE RECEIVED CHECKLIST FOR REQUIRED ATTACHMENTS TO: GAMBLING CONTROL BOARD W COUNTY RD B - SUITE 300 S ROSEVILLE. MN 55113 Goldie K. Siedow 3873 114th Ln. N. E. Blaine MN Name of Lessor Street Address City (If same as legal owner, write In "SAME") Pot 0' Gold 3776 Connelly Name of Leased Premises Street Address Pot 0' Gold Bin o3~~Ylconnelly Ave Name of Lessee (name of organization leasing the premises) Earthstar project, Inc. Rent Information e (1 ) Daytime Phone 612 783-1840 Ave Arden Hills MN55112 (651 )631-1724 City Zip Daytime Phone Arden Hills MN 55112( ) GCB license no. of organization Daytime Phone (651- ) H~:d~91 Minnesota Lawful Gambling Lease for Bingo Activity - LG222 Name of Legal OWner of Premises Street Address ~~19'1 B Yip City Zip Daytime Phone A-04711 Rent for bingo and all other gambling activities conducted during a bingo occasion may not exceed: (1) $200 per. occasion for up to 6,000 square feet; (2) $300 per occasion for up to 12,000 square feet; (3) $400 per occasion for more than 12,000 square feet; or (4) $25 per occasion for bingo conducted in a bar (regard- less of the square footage) - organization must conduct another form of lawful gambling, and the premises must serve intoxicating liquor or 3.2 percent malt beverages. Sketch and Dimensions of Leased Area The total rent may not be based on a percentage of receipts from lawful gambling or attendance et a bingo occasion. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gam- bling. Rent to be paid per bingo occasion $ (If no rent is to be paid, indicate -0-) 300 . 00 . e Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. . Dimensions The leased areas are: . feet by feet by feet by feet by feet by .' Storage Storage :!:F:~~;!Pf~'ffi~~':;1'~~i~~!ltJjJi~~~~~~:~'J6'~~I~~~i'~~;~'~!wii~:~b:~~i .changas have been made. at the site. you do. not hav~ . ~;i~~~~~~ft,!~:i:~~~;:;i~~~~;~'~~~;~~~~:I~fJ:;;i:M~i~~2~~!!~;~~:~~~t:~!!:;~:::::~~; feet for a total of feet for a total of feet for a total of feet for a total of feet for a total of Combined total square feet. : square feet. square feet. square feet. square feet. square feet. . . Times and Days of Bingo Occasions' Enter bingo days and times below. Circle a.m. or p.m. after each beginning and ending time. A bingo occasion must continue for at least 1-1/2 hours (90 minutes) but cannot exceed four (4) consecutive hours, and at least 15 bingo games must be held at each occasion. An organization (as a whole) may not conduct more than ten (10) bingo occasions each week. ~ Beoinning/Endina Hours 1m BeQinnlna/Endinn Hours Sun 2:00 PM to 4 : 00 Pl~ T~ 7: 15 PM to q:nn PM Sun' . 7: 15 PM to 9: 00 PM ~ 9: 15 PM to 1 1 . n n PM Sun' 9: 15 PM to 11 : 00 PM to ":~"'1"~:'''' ".- ~~";1:'';'\' to Term of Lease The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless tenninated sooner by mutual consent of the lessor and lessee. '~'~'1:,<...:':.' k;'i'-j'l},.','~'> ~'4!:Ji~'J~:.tj:- .".....~"'...;;-.: "",~,,~_~~~l'~.~r~ ......, ,...-.. 1m Beginnino/Endin9 Hours to to to ( . Amended Lease Only If this is an amended lease showing changes occurring during the term of the current premises permit, write in the date that lhe changes will be effective ~_I_. Both parties that signed the lease must initial and date all changes. I Page 1 of2 1/99 Lease for Bingo Activity- LG222 \f"fJh~'''- ~ 1.--/ (p I BINGO HALL LESSOR I I LESSOR PROHIBITIONS I When leasing from a licensed bingo hall. the Management 01 Gambling Prohibited responsible forthe illegal gambling activity lessor must be the legal owner of the The owner of the premises or the lessor will are also agents or employees of the property. not manage the conduct 01 gambling at the lessor. premises. 4. The lessor shall not modify or terminate I ACCESS TO PERMITTED PREMISES Participation as Players Prohibited the lease in whole or in part because the organization reported to a state or local State 01 Minnesota and Law Enforcement The lessor, the Iesso(s immediate (emily. and law enforcement authority or the board the any agents or gambling employees of the tth 't f'll I lessor will not participate as players In the occurrence a e Sl e 0 I ega gambling conduct of lawful gambling on the premises. activity In which the organization did not participate. Illegal Gambling Other Prohibitions 1. The lessor is aware of the prohibition 1. The lessor will not Impose restrictions on against illegal gambling in Minnesota the organization with respect to providers StaMes. section 609.75, and the penalties (distributors) of gambling-related for Illegal gambling violations in Minnesota equipment and services or in the use 01 Rules, part 7861.0050, subpart 3. net profits for lawful purposes. 2. To the best 01 the lesso(s knowledge, the 2. The lessor, the lesso(s immediate family, lessor affirms that any and all games or and any agenls or employees of the lessor devices located on the premises are not will not require the organization to perform . . being used. and are not capable of being any action that would violate statute or rule~ ". used, in a manner that violates the prohibitions against illegal gambling In 3. II there Is a dispute as to whether'any 01 Minnesota Statutes, section 609.75, and these lease provisions have been violated, the penalties for illegal gambling violations the lease will remain in effect pending'a in Minn. Rules, pt 7861.0050, subp. 3. final determination by the Compliance Review Group (CRG) 01 the Gambling 3. Notwithstanding Minnesota Rules, part Control Board. . 7861.0050, subpart 3, an organization must continue making rent payments, 4. The lessor shall not modify or terminate pursuant to the terms of the lease, if the this lease in whole or in part due to the organization or its agents are found to be lesso(s violation of the provisions listed in solely responsible for any illegal gambling this lease. conducted at that site that is prohibited by Arbitration Process Minnesota Rules, part7861.0050, subpart The lessor agrees to arbitration when a 1, or Minnesota Statutes, section 609.75, violation 01 these lease provisions is alleged, unless the organization's agents The arbitrator shall be the CRG. The board and Its agents, the commissioners 01 revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of tile lessor. Organization The organization has access to tile permitted premises during any time reasonable and when necessary lor the conduct 01 lawful gambling on the premises. I LESSOR RECORDS MAINTAINED The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of3-1/2 years. . e OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and lessee.) The cost of any goods or services that the lessee purchases from the lessor or from a third-party vendor pursuant to the items of the lease, including but not limited to trash removal, snow removal, parking lot maintenance, or building maintenance for the bingo leased premises, are contained In or attached to this lease and are valued at their fair market value. .Additional payments of Twenty Five Dollars ($25.00) per Bingo session' '" . ~ . , ...; I , , , , . '"h 'b' . Elj;hibit 'IAII main floor plan (attached) and Ex 1. 1.t "Bu Bingo HallRules ;~.;f_~'-"l mad'e apart . (attached) are of this lease. '.....,: Ttiis'I~~$e is the total and only agreement between the lessor and the organization conducting bingo. There is no otller agreement and no other consideration required between the parties as to the lawful ambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board t da s prior to the effective date ofthe change. ...... ",A~;i"'>{ ,". S ure of tessor Gorale K. Siedow, Owner & Print Name and TiUe oftessor Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639- 4000. " . ..,.. T,h,i~j~~b,~""ti~n will ~e made available in altemativ.e for;nat (i.e. large' .prlnt, BraIlle) upon request. Hearing ImpaIred indiv.lduals using aTTY may call the Minnesota RelayS"""lce ,~~;i~; '.';~ . ,"..;,.. '.~.. Sole:Prop. ,.Al ta Bordeaux, President. Print Name and Title of Lessee at 1-800-627-3529 and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activities. ""''':'''''' Page20f2 ,". ".. . .... l!91l , e .,.......... : ".~~.I 'j ". :.;v. '. ~ r ',!'[ ~.~ ' . .,::,~~ f.~:t:. lit ~ :&.' ~~}', ,,~,. i;..'",'. I;!t~' i: t,~~. '" . .'" ,,"'.- ,-, ." jf, ~.' j'S.i:.'.: 1M<; If;l. ~ :~1; ~. Ih:' ,'> ." '~. t ~~'. ."t .It. "". . ,. ~.i" i!~_'\ :,~~. ~ .... :.;1 it:. .' \~: ,....~. ' ., ~.;. ;- ,~. I~' 1:.. . i.' ",' ~. ti;i:. - " ::;:, ~ f. ~; ':' I. ... ., I I I I I I J I I - I -It I - I r I 1 I ,. ,,1 r I I f I , I I I I I. , ,., I . . . I { ~ '. ,..- ) I /' I tt ~ 'vJ t.JCfI n' J EFB c:::J a 1-/ .~~,..,.,.'~_. ,.. of ~ .l " . ",......... \; "U~' ~'.,;""" ~ ' '\ ,. . .~ '::I-I .. . EXHIBIT A , /ij;/.y PIt1~Y ~ -;. PLAN PO':' 0 GOLD' ." . ~~.' .... II - . ....,., ,.... . . -..,... .'---. 't- .. ~ .... _.J..:... .'.J"..-J ,;. ,~1 . ':! I,: I:. I" ! . .' :1. I ..; L.,:- III!' ',.."."' 'I,ll \,: ,. ?" ~ &ttl~rr ~ \Jrllo EXHIBIT D This Exhibit B is an addendum to that certain lease agreement relating to 3776 Connelly Avenue, Arden Hills, MN and dated as of , by and between f- ft ~ tl't , ) tCl.. r lessee, and Goldie K Siedow, lessor. DINGO HALL RULES I. Access to Building. Lessees will have access to the building from one hour before until one hour after scheduled bingo events. Access at other times may be obtained by permission of lessor. . 2. Access to Office, The door to the office must remain closed and locked during bingo events.. :':,;'- '. ':". . ., '. ~':"'" : ,;.',' 3. Employee Parkini: Employees must park at the south end of the building.. '. ,"r.l 4. Uniformity. Lessees must coordinate bing'o programs, package prices, payment of shared supplies and services, and employee dress. Present dress code requires black pants (not jeans), black or white shoes, and plain white shirt. Vests are optional. Dress code must be enforced. 5 Smoking and Eating. Employees may not smoke or eat meals in the bingo area while on duty. ; 6. Cleaning,. Lessees must clean tables after bingo event~ and pick up refuse from floor after I,: . d ft . . I morning an a ernoon ~eSSlOns. '. : 7. Insurance. Lessees must provide certificate of liability insurance coverage in the amount of. $500,000 minimum. Lessor shall insure building and contents against fire damage. ,. 8. Building Securitv. Gambling manager or assistant gambling manager must personally supervise locking all doors and arming burglar alarm after last bingo event of the day. 9. Responsible Parties. Each .lessee must furnish lessor with up-to -date list of all organization officers complete with home addresses and day and evening phone numbers. . ' 10. Televisions. Radios and Telephon~ Lessees and their employees may not have personal televi8ions or radios on the premises during bingo events. Lessees and their employees may not . use the house telephones for personal calls. 11. Regulation of Heat and Air Conditioining. No one other than the owner shall, under any circumstances, have access to the thermostat controls. Anyone found' tampering with the thermostat controls shall be asked to leave the premises and will not be allowed access to the premises in the future. ". .. , '''~.:. I ".< . 12. Damage to Property. The lessees are responsible for any and all damage done to the premise~ . and/or property, within the premises by their employees during the respective lessee's bingo . ;.,::;: ~~': ... , , ;\i;,-. ,. ~: ~ ~. ',',- ',~.:t:' ., 'i \ . e . . 0.'h~n'" l!J 1b hours. 13. Sil2nS and Notices. The lessee shall put no signs or notices on any walls or other surfac~s inside or outside the building without consent of the lessor. Lessor shall have the right to'remove all other signs without notice to the lessee at lessee's expense. Permission will not be withheld for necessary signs. Progressive game numbers must be posted uniformly. 14. Fire Hazard. The lessee shall not do or permit anything 10 be done in the premises or bring or keep anylhing therein which will in any way increase the rate of fire insurance on the premises, or property kept therein, Or obstruct or interfere with the rights of other lessees. or in any W3Y injure or unreasonably annoy them, or conflict with the laws relating to fire, or with any regulations of the fire department, or with any insurance policy upon said premises. or conl1ict with any rules and ordinances of the local Board of Health or any other goye,mmen\al body. 15. Contractors. All lessees shall refer all contractors, contractors' representatives. and installation technicians tendering any service related to building improvements, services or operations to lessor for lessor's supervision, approval and control before any performance of any contractual services. This provision shall apply to all work performed in the building, including. but notlimiled to. installation of telephones, telegraph equipment, electrical devices and 3ttachments, and any and all installations of every nature affecting I1oors, wal\s. woodwork. trim. windows. ceilings. equipment and any other physical portion of the building. 16. l.JLs.LQr Stolen Property. Lessor shall not be responsible for lost OJ stolen property, mone, Of jewelry from lessee's leased area or public areas regardless of whether such loss occurs \\ hcn such area is locked against entry or not. 17. Vacated Sessions. In the event that any lessee is unable to perform its lease obligations. the remaining lessees will cooperate to maintain the full bingo schedule 01'2\ sessions per we~k I'$". L€~~e-IF I'1v"'T I~>'<'VE' A V~'I' ""'''''I) F,e=~"N FOrt.. CM./CIc7..l..,N&; 1>. ~l-\Eiiov(,r;9 6/fol(';" $~$,ON (...oJ>.. p.~...o~ AR.F' NOT ....C!.i!.~~II';l(.<;). Le-S-;.....e IS "c(..IOi/+TElC ..... t>1'r( 1=IL}>o,l..l.. OIN6< ~e;.710N S' ~Crie'1:>\'/L · j>,CCOR<;IIN(; ~'TI-\do',1l- 1",,~f3'. \0.. LE"::.s~ M....~T 'i'IJI2N\,SI-l Lf:'!>So/l.. WITl4 />.tJ L)1"~'TU-DA'rti' '-1~1 0 A-tJ'-(()NG W I~ M:S ^ 1,("'( Tel FIt.NT D(lC\'l.." KfoIOWI .,eCU~\TY O~ ~ ,.l'\"'C~Me>II'f'rIIO'" T'" ,1~ OFFICer 5'p,-<;::c. c? , LE~?o/L.. Tf: 1-j'J rr p .J5'rr L. e'Sof.(;'& 0fJ\,~rl 5 101ft; '.. .~ (), L e.. sse..e.. \-$ r e..s p 0 l'\" b [~ f 01" k oe...~: Y\ ~ o...r E!..o...s c..l (!,q, du..r ~ ~ +h Q.-'C~ f1e-r:o ~ o'~ t e.o..s ~~ "j ho.. \ \ , S~c.. h. ()"s 8Qt~rooVY\.s <{.~tc...) :tho...~ Q..\.A..::;tOVl'\tW"_~ cl\rt-t Cl.Y\.~ V\".u...;5\ M o..v E- I '\I'(\. ~~ \6t"-e. CL \ e...o-......... v.....~ . ~\. EY\. rr~ G..'4\\.. Ex\t 1JJa..'ts 't'V\\A.st k~ K<<-~~ 5"'e..~ f-'r'\~)yY\ SY\.h0 o..V\.b". ~~e.... by Loe.ssee.... clu..\'""~~ t\. ~r 'e.. \-U) L\..I"S Q f 1..A..s~ 0 of th'L 'n 0.. \ \. 1\ l.l. r u.. \ '-.s to I e. a"S" e.... - Le.SS~E 'Pe<.-Te... '1- (~-q-"t 7. jr-'1{ h e.. S5 0 t- '. . Minnesota Lawful Gambling Lease for Pull~Tab, Paddlewheel, Ti Name of Legal OWner of Premises Street Addre.. Goldie K Siedow 3873 114th Ln.N.E. Name of Lessor Street Address (1lsame aolegal owner, write In 'SAME" Pot O' Gold 3776 Connell Ave. Name of Leased Premises Street Address 3776 Co elly Ave, Name of Lessee (name of organization leasing the premises) Earthstar project, Inc. Rent Information ~~\B'"l C board, and/or Raffle Activi City Zip Deytlme Phone Blaine MN 55449 (612) 783-1840 City Zip Daytime Phone 612 783-1840 (651 ) 631 1724 Daytime Phone ( 651 ) 631-1724 Daytime Phone ( 651 ) H~:d~9i y'2- - LG221 Arden Hills City Arden Hills 55112 Zip 55112 MN MN GCB license no. of organization A-04711 . Total rent cannot exceed $1,000 per month for all non-bingo. activity for this premises. . For bingo activity, use lease form LG222. . For pull-tab dispensing machines, use lease form LG223. . An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. Rent to be paid per month $ 0 (If no rent Is to be paid. indicate-o-) Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. ,...> Paddlewheels .X Pull.Tabs _Raffles _Tlpboards Term of Lease Amended Lease Only The termaf this lease agreement will be concurrent with If this is an amended lease showing changes occur- the premises permit issued by the Gambling Control ring during the term of the current premises permit, Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective the lessor and lessee. ---1---1-. Both parties that signed the lease ~"".~~ must initial and date. all changes. ,.'\ ,.' . Questions 6" this form should be directed to the licensing Section of the Gambling Control Board (Board) at 651-639- 4000, This publication will be made available in altemative format (Le. large print, Braille) upon request. Hearing impaired individuals'using a TrY may call the Minnesota Relay Service at 1-80~:i7~3529 and ask to place a call to 651-639-4000. . Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. Dimensions The leased areas are: Storage Storage feet by feet by feet by feet by feet by . ''1~~t,:;::~.. ,"r:;.',I._,_t::,_';E' . ~"iohm: ie(' :':'::!:;;:!';};!;~i feet for a total of feet for a total of feet for a total of feet for a total of feet for a total of Combined total square feet. square feet. square feet. square feet. square feet. , square feet. The information requested on this form will become public " information when received by the Board, and will be used to' I determine your compliance with Minnesota statutes and rules governing lawful gambling activities. . '. Page'10f2 1/99 E:f-~lt\,.- C Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 . I LESSOR PROHIBITIONS I agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the iessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the Arbitration Process organization's agents responsible for The lessor agrees to arbitration when a the illegal gambling activity are also violation of these lease provisions is agents or employees of the lessor. alleged. The arbitrator shall be the eRG. 4. The lessor shall not modify or terminate the lease in whole or in part IACCESS TO PERMITTED PREMISESI because the organization reported to a slate or iocal law enforcement State of Minnesota and Law authority or the board the occurrence Enforcement at the site of illegal gambling activity The board and its agents, the in which the organization did not commissioners of revenue and public participate. safety and their agents, and law Other Prohibitions enforceme~t personnel ~ave access to . the permitted premises at any 1. The lessor will not impose restrictions reasonable time during the business on the organization with respect to hours of the lessor, providers (distributors) of gambling- related equipment and services or in the use of net profits for lawful purposes. 2. The lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambiing Control Board. The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises: Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penaities for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capabie of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease, ilthe organization or its -'11-, .' . Organization' The organization has access to the permitted premises during any time reasonable and when necessary for the conduct o~ lawful gambling on the premises. I LESSOR RECORDS MAINTAINED I The lessor shall maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. . OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. . (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) :j;:"'1\"'b . t "A" main floor oian (attached) and Exhibit "B" Binno Hall .' x .~ ~ , RUI-es""f'attached) are made a nart of this lease . ^ . c.. This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lea Any changes in this lease will be submitted to, the <::1ambling Control Board ten days prior to the effective date of the an e. ; Signatu~ of Le.sor .~~; ~"",' J.%\; ,", !," GoHI'l;'~.i:.K. Siedow-Owner & Sole:~Pro Print Name and Tille of Lessor ...., -".,., '. .,!.;,:)~_?~<.J" ',)m~~.-:::'" ..1 . Alta Bordeaux, President Print Name and Title of Lessee : .~.' . ~' ~':, 1'~~~.' Page 2 012 1/99 e . . " 0 o .., .!!! ... "S.. Ul~ E :5 E 3 g! C'Ic.ni!i: fr ~.~ E ~ en :i:]!f;;;a; a; :!.~~1G 'Ccnl:!.....Cl <ma:~~ o<~.;~ ~ Q) J: 0'- -"'t::-e- U~ftl,..w I-W ~.~ '0 .... E o ,,~ ~ ~~ . ~ o 0 ct 'S ~ o. . 6Jt,s,) \) Y1 < 0 g~ ~~ ~~ ;;~ M'" ...'" ...'" "'''' 0... 00 0000 000 00 :1;* ~~ "1 .m .N .... "!,,, "!O ,:", "10 ~~ ~c: c:c:C!:c: Cl:Cl:'t:! C:Cl: .'" ! ... . ... . o . M . '" . m . '" . ~O "'N 00 00010 00... "'0 o . m . 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'" '" ;:! 0; '" .; M '" o ... d '" '" N <D ... <6 .. '" .., - g '5 ~ ~ ~>- <C<( .0. ."Z ~15 >-0. "' ~ e . . . JUL-22-1999 18:30 BRW 612 370 1378 P.01/02 .BRW ..mllll... A DAMES & MOORE GROUP COMPANY Thresher Square 700 Third Street South Minnc::l.poli.q, Minnqob. 55415 6123700700 Tel 6123701378 F:ax www_brwint:.cQm July 22, 1999 Mr. Brian Fritsinger City Administrator City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55112 RE: 1999 Seal Coating Project Dear Brian: Bids were received and opened for the above-referenced project on July 21, 1999. One bid was received from Allied Blacktop in the amount of $25,970.00. The bid included a 10% bond as required by the Project Manual and was verified as correct. The Contractor did not include a bid price for slurry seal coating the park trails indicating that a subcontractor is not available to perform the work as specified in the contract. Slurry seal coating in the metro area is predominantly accomplished by a contractor located in Madison Wisconsin. Nick Landwer from BRW contacted them by phone and they indicated that they arc too busy to do work in the Twin Cities this year on projects with small scopes such as that included in the trail portion of the project. The Engineer's Estimate for the work (excluding trail seal coating) is $28,000.00. Although only one bid was received for the work., the City Engineer feels that the Contractor's bid represents a reasonable and fair price. The City has had very positive experience with Allied Blacktop in the past and are confident that the Contractor is able to complete the work satisfactorily_ Based upon the current market situation, it is not possible to provide a slurry seal coat for the Lexinl,'1.on Avenue trail as was intended in the project this year_ Slurry seal coating is a specialized process which provides a very smooth finished surface and thcrefor was selected for the trail work included in the project. It is potlSible to seal coat trails using the same equipment as specified for the street portion of the project with the modification of aggregate size to provide a smooth surface as desired for trails. Allied Blacktop has indicated that they would be willing to complete the trail seal coating using a modified mix if the City desires. rhe estinlaled cost of scaling the trail using this method is $5,000.00 which is approximately 25% less expensive than the slurry seal coating specified in the original project. Several municipalities do perfonn seal coating of trails with this modified seal coat mix and have achieved acceptable results. The project includes seal coating of Valentine Lake Road which was reconstructed in 1995 and received a final bituminous wear course in 1996. The pavement markings on Valentine Lake Road are a preformed type manufactured by 3M designed to last longer than standard painted or epoxy type markings. The current road slTiping configU1'lltion includes a double solid yellow centerline and single solid white edgc lines with miscellaneous directional arrowS and stop bars. Seal coating of this street would cover all of the existing markings before the end of their useful1ife, In order to preserve the markings, they must be 0-. Worldwide JUL-~~-l~~~ l~;~~ tlJ-<W 512 370 1378 P.02/02 .BRW _1.'I~1.11I1_ A DAMES &. ~ GROUP COMPANY . Mr. Brian Fritsinger July 22, 1999 Page 2 covered with tape prior to the seal coating operation, The contract includes provisions to preserve a single dashed ycllow centerline, stop bars and turn lane lines. The contract bid amount for this work is $1,550,00. The remaining edge lines and solid yellow centerline would remain unprotected and covered up. The City Engineer estimates that the cost to protect all of the existing markings would be approximately $10,000,00. The bid price for sealcoating Valentine Lake Road is approximately $12,000.00. The project only included protection of the minimum necessary markings on thc roadway for budget reasons, however the Council should cc:msider whether the additional cost to protect all of the existing markings which should have a few years of usable life remaining is worth expending at this time. Another option the City has would be to seal coat the street and restripe the street under thc cxisting agreement with Ramsey County Public Works. The County has indicated that they would resmpe the street in its current configuration for approximately $1,000.00. Some bleed through of the existing markings may occur through the seal coating. In order to prevent this from happening the existing markil1gs could be removed cither by City forces or by the Contractor through change order. It is the understanding of the City Engineer that the cost of installing the original markings was approximately $28,000.00. The City Engineer, therefore, recommends the award of the 1999 Sealcoating Project to Allied Blacktop . for the total amount of $25,970.00. If the Council elects to include sealcoating of the Lexington Avenue . trail and/or additional protection of the e"isting striping along Valentine Lake Road, the City Engineer will prepare the necessary Change Order document with the Contractor for Council approval. The project schedule outlined below is based upon award by the City Council on July 26, 1999. AWllTd Contract Begin Construction Complete Construction July 26, 1999 August 15, 1999 September 15, 1999 Please call me at 373.6479 if you have any questions or need additional infonnation. Sincerely, ee: Dwayne Stafford/Arden Hills Terry Post! Arden Hills Nick LandwerlBRW Mark LynehIBRW . TOTAL P.02 f ~ e e . JUL-22-1999 11:06 BRW 612 370 lSttl t-'. "'1/"'1 .BRW... Bm!III ^ DAMES iii. MOORE. GROUP COMPANY MEMORANDUM BRW Thresher Square 700 Third Streot South Minneapn1is. MN 55415 Phon.; (612) 370-0700 Fax; (612) 370-1378 To: Brian Fritsingcr /City Administrator File: 37951-006-1001 From: Gregory Brown /BRW Arden Hills City Engineer Date: July 21, 1999 Subject: Pay Estimate #3 (Final Payment) 1998 Sanitary Sewer Rehabilitation Project Background Thc 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 $62,373.01 and Payment #2 for #28,585.59 were previously approved by the City Council. Project Status The contractor has completed all of the rehabilitation work included in the original project as well as an additional 2,000 feet oflateral sewer and manhole rehabilitation as a result of better than anticipated conditions within the original project. Recommendation The Arden Hills City Engineer recommends the Council approve Pay Estimate #3 (Final Payment) for Infrastructure Technologies, Inc. of Brooklyn Park, Minnesota in the amount of $30,360.90. No retainage is being held for the project. The Contractor has been asked to supply thc City with a completed payroll withholding form, lien waivers, and a maintenance bond as is required by the contract prior to the City releasing the final payment check. TOTAL P. 01 . JUL-20-1999 15:46 BRW 612 370 1378 P.02/05 \ . APPLICATION FOR PAYMENT FINAL PAYMENT NO. 3 Project 1998 SANITARY CITY OF ARDEN Owner CITY OF ARDEN Owner's Project No. Contractor INFRASTRUCTURE Application Date 7/21/99 SEWER HILLS HILLS REHABILITATION Engineer's TECHNOLOGIES, INC. For Period File No. 37951-006-0101 Ending 6/30/99 -------------~------------------------------------------------------ -----------~---~-------~-------------------------------------------- STATEMENT OF WORK Original Contract Amount $ 126,570.25 $ 0.00 $ 126,.570.25 $ 121,319_50 $ 0.00 $ 121.31.9.50 $ 0.00 $ 121,31.9.50 $ 90,958.60 $ 30,360..90 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 O_OO~ Retainage Amount Due to Date Less Previous Payments Payment Due this Application e JUL-20-1999 15:45 BRW , 512 370 1378 P.03/05 I hereby certif'y t~t all items and amounts shown are correct for the work completed to date. Contractor Infra<trm:tllre Tee:hnnlogie. Tne: By (Name and Title) Date The work on this project and the application for payment have been reviewed and the amount shoWIl is recommended for payment. BRW, INC. By (Project Engineer) APPROVED FOR PAYMENT Owner ~ity of Arden Hill. By (Name and Title) Date Date . , . e . . ~ JUL-20-1999 15:46 BRW , '. APPL~CAT~ON FOR PARTIAL PAYMENT 1998 SANI'rARY SEWEa IUmABILI'rATION CITY OP ARDEN BILLS aw File: 37951-006-0101 Seq. No/ MnDot No Item Unit Unit Price Contract Quantity 612 370 1378 Contract Amount To Date Quanti ty P.04/05 7/20/99 Page: 1 --._---- -----------------------~ ------- --------.- -~------- ----~---~-- --------- ----------- To DaCe Amount Bid Schedule: A - SANITARY SEWEa REIlABILITATION 1 MOBILIZATION 2021.501 EA 1500.00 2 JOINT TEST - 15" 2503.602 EA 22.00 3 JOINT SEAL - 15" 2503.602 GAL 10.00 4 SEWER MAIN CLEANING - 15" LF 2503.603 0.85 5 JOINT TEST - 8" EA 2503.602 20.00 6 JOINT SEAL - 8" GAL 2.02 7 SEWEa MAIN CLEANING - 8" LF 2503.603 10.00 0.60 8 8" SANITAAY SEWER SPOT 2503.602 REPAIR (LAKE LN) LF 200.00 9 10" SANITARY SEWER SPOT 2503.602 REPAIR (OLD HWY 10) LF 200.00 10 MANHOLE SEAL, CHEMICA.L 2503.602 GJU. 21. 00 11 MANHOLE SEAL, MORTAR 2503.602 GAL 12.50 12 RECONSTRUCT MIl (60" DIA.) LF 2506.603 300.00 13 2503.602 F&I MANHOLE STEPS EA 35.00 14 2506,603 REBUILD MANlIOLE INVERT 795.00 EA 2.03 TELEVISE SANITARY SEWER LF 0_35 1.00 715.00 1250.00 4285.00 910.00 1135.00 4700.00 8.00 16.00 320.00 136.00 13.00 60,00 1.00 1000.00 1500.00 15730.00 12500.00 3642.25 18200.00 11350.00 2820.00 1600.00 3200.00 67:20.00 1700.00 3900.00 2100.00 795.00 350_00 1.00 643.00 332.00 4684.00 1207.00 1150.00 6730.00 6.00 17.00 335.00 130 . 00 13.00 54.00 0.00 946.00 1500.00 14146.00 3320.00 3981.40 24140.00 11500.00 4038.00 1200.00 3400.00 7035.00 1625.00 3900.00 1890,00 0.00 331.10 JUL-20-1999 15:47 BRW APPt.:tCATION Foa PAltTIAI. PAYKBIiT 1~~8 SANITAltY SEWER ~HABILITATION CITY OF ARDBN HILLS 612 370 1378 P.05/05 . 't I . '. I, llRW File: 37951-006-010l. 7/20_ Page: 2 5e<;l. Nol Unit Contract Contract To Ilate To Ila.te ~ot No Item Unit Price Quantity Amount Quantity Amount -------- ------------------------ ------- ---------- --------- ---------~- -------...... _....._-~----- 16 FU WITNESS POST EA 50.00 24.00 1200.00 24.00 1200.00 2564.532 17 ADJUST CASTINGI EA 250.00 24.00 6000.00 7.00 1750.00 2506.522 INFILTRATION SHIELD 18 TRAFFIC CONTROL LS 500.00 LOO 500.00 1. 00 500.00 2503.604 19 SEEDING Sy 5.00 200.00 1000_00 0.00 0.00 2575.505 20 llITUMINOUS PATCH SY 25.00 30.00 750.00 0.00 0.00 2331.521 Subtotal, $ 85,456.50 8id Schedule. #:!. 1 M./INHOLE LINING, 60" IlIA. EA 4850.00 1.00 4850.00 2.00 970. 0000.000 2 15"/1811 TRENCHLESS PIPE LF 96.90 270,00 26163.00 270.00 26163.00 0000.000 RELINING Suot-atal: $ Grand. Total, $ 35,863.00 121, 3l.9. 50 . TOTAL P.05 , 1: e . e CITY OF ARDEN HILLS MEMORANDUM DATE: July 15, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Director VS'o FROM: SUBJECT: Awarding of the "99 Residential Water Meter Replacement Contract" Backl!:round The City Council has been aware of the need to replace most ofthe City's residential water meters as they are beyond their life expectancy. At the April 19, 1999, Council Work Session, the Public Works Director explained the different types of meters, specifically reading technology, which are available. Council then authorized the Director to proceed with necessary steps for replacing the residential meters with radio-read meters at an estimated cost of $570,000 maximum. Sumo Pumo Discharl!:e Insoection Following heavy rains, the City Public Works staff witnesses increased pump run times at each of the City's lift stations. (Lift station pump hour meters are monitored and recorded daily.) Staff believes that a large number of residential sump pump discharges may be illegally connected to the City's sewer system, adding clean ground water to the sewer system. The Public Works Director asked Council at its May 24, 1999 meeting to consider adding an alternate to the residential meter replacement Request for Proposals (RFP) whereby the meter installers would also do a visual inspection of sump pump discharge connections. Council agreed to add the alternate. Costs for the inspection alternate were estimated to add $23,500 to the meter replacement project. Request for Prooosals The Public Works Director drafted specifications for the "99 Residential Water Meter Replacement Project" as follows; . The Base Bid - included replacement of all the residential meters ten years old or older and upgrading the newer meters with radio-read transponders compatible with the City's industriaVcommercial radio-read equipment. (Those vendors who could not upgrade the City's newer meters with their equipment would have to provide all new meters.) This bid covered only the area south of the Sault Ste. Marie railroad tracks which run east and west, north of County Road E. Approximately 1000 residences are in this area. , . Meter Contract Award Page 2 July 15, 1999 e . Alternate A- included the same replacement specifications as the Base Bid except it coveJed the remaining portion of Arden Hills laying north of the Sault Ste. Marie tracks consisting of approximately 1350 residences. . Alternate B- a sump pump discharge inspection, including filling out a form provided by the City, documenting the inspection and fmdings. ProDosal Results The City advertised a RFP and sent letters requesting proposals to the three major water meter vendors in the area. The proposals, with bids, were due and opened on Friday, June 10, 1999, at City Hall. All three vendors attended the bid opening; however, only two vendors submitted proposals and bids. Tabulations of those bids are as follows; Contractor Bid Bond Base Bid Alternate A Alternate B Total Base + A&B Davies Water Equip. 5% $206,782.00 $271,182.00 $4,300.00 $482,264.00 Hydro-Supply *5% $166,275.30 $231,153.10 $17,200.00 $414,628.00 . * Note- As the bids were opened it was immediately noticed that the Hydro-Supply BidlProposal did not include the required Bid Bond. Mr. Dave Scheerer, President of Hydro-Supply, immediately ran to his vehicle and returned with the document within two minutes. The Bid Bond had obviously been filled out and notarized well in advance but technically was not at the bid opening on time. Information on this irregularity was provided to the City Attorney who wrote the attached opinion. The Public Works Director has been contacted by the Davies representative who indicated their company has no intention of protesting if the City accepts the Hydro-Supply BidIProposal. Recommendation The City of Arden Hills Public Works Director recommends the City Council award Hydro- Supply ofBumsville, Minnesota, the City of Arden Hills 1999 Residential Water Meter Replacement Project, including the Base Project and both Alternates A and B, at an estimated cost of$414,628.40. Exact costs will be determined by unit prices based on the total number of meteJs replaced and the total number of meters upgraded only, to radio-read capabilities. . SENT BY:PETERSON FRAM BERGMAN 7-13-55; 2:07PM ;PETERSON FRAM BERGMA.... 6126337835;# 21 2 # Wi:m"en 1;:. Peterson '. kmrnc I-! AHa Daniel Witt. Fram Glenn A. Bergman tin Mkhuel Miller .hacl 1: Oberle nneth ^_ Amdahl Steven H. Hll,lnRI Paul W, F6Ihnins E:slher E. McGinnis pC"n:'DC'r'.I\ I FAAM~~BERGMAN ill'J!t.!l.~:\l:~~ul!.~ Suite 300 ,0 E.st l'ikh St"'~t :st. Paul. MN 5510l~1197 (6~1.2914W55 (6';1) 22/'1..1753 r~1!llmlle Direct Dial "(651) 290.6907 July 13, 1999 Mr. Dwayne Stafford Director of Public Works City of Arden Hills 4364 W. Round Lake Road Arden Hills MN 55112 VIA FACSIMILE NO. 633-7839 RE: Radio Frequency Meter Reading SyStem PF&B File No. 10450.920001 Dear Dwayne: . I have reviewed the materials which you faxed to me on July 13, 1999. You indicated that a bid bond was not included in the sealed bid submitted by Hydro-Supply. You also indicated that Hydro-Supply provided the bid bond as soon as this was brought to their attention. The bid bond is dated June 25, 1999, and was typed in advance of the time of the bId opening. Hydro-Supply's failure to include the bid bond in the sealed bid was apparently an oversight. The published notice indicates that the City reserves the right to waive irregularities in the bid process and to award the contract in the best interests of the City. Based upon the circumstances in this case, Hydro-Supply's failure to include the bid bond with the sealed bid is an irregularity which can be waived by the City Council. Given the substantial difference in the bid responses which were received by the City, it would seem to be in the City's best interest to waive the irregUlarity. If you have any questions, please contact me. JPF:lk Very truly yours, . I:? cftlk /, UJI/ Jerome P. Filla ex f...-.. . '^/.<;() AIJ",IrI"IH) IN WISC".DNf;IN . e . CITY OF ARDEN HILLS MEMORANDUM DATE: July 23, 1999 TO: Mayor and City Council Brian Fritsinger, City Administra~ FROM: SUBJECT: Codification, Chapter 16 and Right-of-Way Requested Action The City Council is asked to review the proposed changes to the Arden Hills Municipal Code, Chapter 16 and a proposed chapter on right-of-ways. Staffwill be forwarding this information to the League of Minnesota Cities (LMC) who will then prepare a final draft for adoption by the City Council. Backl!:round To-date, the Arden Hills City Council has reviewed and commented on Chapters 1-8 and 10 of the draft Arden Hills Code. These chapters have been provided to the LMC. The City has not yet reviewed chapters 9,12,16 or several other proposed ordinances as part of the recodification process. Chapter 9 (Building) and Chapter 12 (Subdivisions) are both fairly long and detailed chapters. Initially staff had intended to review these two chapters at this meeting; however, after some additional review this week, staff would like some more time to better detail suggested changes. Staff will attempt to have these two chapters ready for review at the August 9, 1999 Council meeting. Regarding Chapter 16 and the model ordinance on right-of-way, the City Council may wish to consider the following: Chanter 16 - Swimmilll! Pools This chapter will most likely be renumbered to correspond to the other completed Chapters. Section 16-5, 1610.03, Subd. 3 Should this subdivision be strengthened? Section 16-6, 1610.05, Subd. 3 Does the City need to approve drainage of pools into public streets? Section 16-7, 1610.07, Subd.l Any interest in detailing what type of fencing or screening is desired? Section 510.01, Subd. 3, (C) The Council should clarify its desire on this question. Memorandum, Codification, Chapter 16 and right-of-way Page Two July 23,1999 Ril!:ht-of-Wav Ordinance There have been several changes to this ordinance as a result of the ongoing discussions between the LMC and utility companies. These are not detailed here, but would be reflected in the next draft. Recommendation Staff recommends that the City Council review Chapter 16 and the model right-of-way ordinance, and provide comments or suggestions to City staff. Enclosures e e e r, j City of Arden Hills . Chapter 16 Swimming Pools Chapter 16 Swimming Pools ~: This Chapter will be incorporated into Chapter 9 as requested after fmal changes have been approved to each current chapter so that Section numbers can be aligned. An unclear note about building permits was also included. What is City's intent? Section 1600 - General . 1600.01 Definition. For the purposes of this Chapter a "swimming pool" shall be defmed as a pool with the capacity referred to in Subsection 1600.07 above or below ground, located on private property, and not located or proposed to be located within a building. This definition shall exclude public swimming pools, defmed as pools designed and proposed for general nonresidential use, not limited to the family and guests of the residents of the property upon which the pool is located. 1600.02 Compliance. No new swimming pool or renovated existing pool shall be used until it complies with the provisions of this Chapter. 1600.03 Variances. The procedures and requirements for variances from the provisions of this Chapter are the same as those prescribed by the Zoning Ordinance, which is incorporated and made a part of this Chapter as if set out here in full. . 1600.04 Permitted Accessory Structure. A swimming pool may be permitted within the City 16 - 1 . . . City of Arden Hills Chapter 16 Swimming Pools only as an accessory structure to a principal building used for residential purposes. 1600.05 Use Restricted. A swimming pool shall be for the exclusive use of the occupants of the principal building and their guests. 1600.06 Building Code Applicable. A swimming pool shall be deemed to be a structure under the Zoning Ordinance of the City and all work shall be done in accordance with the City's building code. 1600.07 Building Permit Required. Subd. 1 Capacity. A building permit shall be required for any swimming pool with a capacity of over one thousand (1,000) gallons or one and one-half feet of water depth. Subd. 2 Enlargement or Alteration. A building permit shall be required for any enlargement or other major alteration of a swimming pool coming within this Chapter or one that will come within this Chapter because of the enlargement or alteration. Subd. 3 Accessory Structures. A separate building permit unless included in the swimming pool permit, shall be required for any pump house, filter house, enclosure for the pool or any other structure erected in conjunction with a swimming pool. The structures shall conform to all provisions of the building code. 16 - 2 ., l . . e r . City of Arden Hills Chapter 16 Swimming Pools e 1600.08 Special Use Permit. A special use permit pursuant to the Zoning Ordinance shall be required for the construction of any structure designed to cover a swimming pool or for the construction of any accessory structure such as a bathhouse, or other structure large enough to enclose persons and designed for the accommodation of persons. Other auxiliary structures, such as those defined in Subsection 1600.07, shall require only a building permit. 1600.09 Applications. The application for a building permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: A. The proposed location and size of the pool, the house and garage, fencing and other . features existing on the lot, such as utility locations and trees. Included with this plan shall be the location of the above features on all adjacent lots. B. The location, size and a statement as to the types of equipment to be used in connection with the pool, including but not limited to, filter unit, pump, wiring, heating unit, backflush and drainage outlet, fencing and the pool itself. C. The finished elevations and final treatment around the pool. 1600.10 Fee. The normal building permit fee shall be charged for applications made pursuant to . this Chapter. 16 - 3 e . . City of Arden Hills Chapter 16 Swimming Pools Section 1610 - Construction Standards 1610.01 Location. Subd. 1 Utility Lines. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type, and shall be located in such manner that it complies with the provisions of the National Electrical Code, a copy of which is incorporated by reference and made a part of this Chapter as if set out here in full, and is on file in the office of the City Administrator. Subd. 2 Interference. Pools shall not be located within any private or public utility, walkway, drainage, or other easement. 1610.02 Single-family Pools. Subd. 1 Definition. "Single-Family Pools" as used in this Chapter shall be defined to be swimming pools located on single-family residential property used for single-family residential purposes. Subd. 2 Location. The outside perimeter of all swimming pool structures, including all accessories, shall not be located within ten (10) feet of any side or rear lot line. The single- family pools shall not be located within any required front yard. 16 - 4 ., . e . . ,. . City of Arden Hills Chapter 16 Swimming Pools . 1610.03 Multi-family Pools. Subd. 1 Definition. "Multi-family Pools" as used in this Section shall be defmed to be swimming pools constructed or proposed to be constructed on residential property used or proposed to be used for multi-family residential purposes, such as apartment houses and the like. Subd. 2 Location. The outside perimeter of all swimming pool structures, including all accessories, shall not be located within fifty (50) feet of any side or rear lot line. , Subd. 3 Screening. Adequate screening including both fencing and landscape treatment shall be placed between swimming pool structure and adjacent single-family lot lines. 1610.04 Construction and Equipment. Subd. 1 Design. The Swimming pool shall be designed and constructed in such a manner so as not to endanger the health and/or safety of its users and to not unduly interfere with the use and enjoyment of adjacent property. , Subd. 2 Sanitation. The swimming pool shall have adequate provisions to properly recirculate, filter, algicide and germicide the water of the pool and instruction for maintenance of same. 16 - 5 tit e e ., City of Arden Hills Chapter 16 Swimming Pools . e 1610.05 Water Supply and Drainage. Subd. 1 Fire Hydrants. Pilling of pools via frre hydrants shall require municipal approval. Subd. 2 Connections. There shall be no fIXed or direct connection of any swimming pool to any potable water supply. Subd. 3 Drainage. Note: It was noted that A and B conflict with each other regarding use of drainage ways. What is city's desire? One way to leave things flexible would be to insert the phrase "except as provided in subpart B below" into A, but it would still not be clear which drainage ways are authorized for drainage of swimming pools. . A. Drainage of swimming pools onto public streets or into public drainage ways shall not be permitted without municipal approval. B. Pools shall be constructed and operated in such manner that backflush water or water from pool drainage shall pass into an approved public drainage way or shall remain on the property of the owner. and water shall not be permitted to drain from the pool, directly or indirectly onto property other than that of the owner. e 1610.06 Electrical. All electrical work shall conform to the National Electrical Code. 16 - 6 . I City of Arden Hills Chapter 16 Swimming Pools . 1610.07 Safety Fencing. Subd. 1 Restricted Access. All pools shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing or screening or a combination thereof of sufficient density as to be impenetrable Subd. 2 Gates. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. . Subd. 3 Latches. All gates shall be equipped with self-closing and self-latching devices placed on the top of the gate or otherwise inaccessible to small children. . 1610.08 Lighting. Lighting used in connection with swimming pools shall be adjusted in such manner as not to interfere with the reasonable use of adjacent property 1610.09 Noise. Unreasonably loud noise in connection with the operation of a swimming pool shall be prohibited. , 16 - 7 III .,{ i .' , e e . e Model Right-of-Way Ordinance Executive Summary The following model Right-of-Way Ordinance is the result ofa cooperative effort between the City Engineers Association of Minnesota and the League of Minnesota Cities. The purpose of the model is to give cities a uniform set ofregulations to help them govern the use of their rights-of-way. It is intended to provide a single set of regulations that cities can apply to all right-of-way users, including telecommunications companies. The ordinance conforms to the provisions of the new telecommunications right-of-way legislation adopted into law as Minn. Session Laws 1997, Chapter 123 (Chapter 123). In particular, the ordinance implements a city's authority to manage its right-of-ways and to recover its actual costs incurred in managing excavations and/or obstruction within the right of way. Each city must evaluate the importance of the various provisions of this model. One ordinance cannot anticipate the many variations of city-utility relationships. In recognition of this fact, some provisions are specifically identified as optional. Of particular significance, is the fact that the main text of the model does not seek reimbursement for the privilege of using the right-of-way. However, an optional provision for the imposition of "user fees" is provided in the event a city would like to impose user fees on non- telecommunication right-of-way users. (Chapter 123 prohibits imposition ofusers fees and/or franchise fees on telecommunication right of way users.) If a city is considering including the user fee option, please consult with your city attorney and call the League for further assistance on developing a formula for its implementation. Notes As many cities are aware, since the spring of 1996 the League of Minnesota Cities and the city of Redwood Falls have been involved in a dispute with U.S. West Communications and other telecommunications interests over the scope of municipal authority to manage and regulate telecommunication companies using city right of ways. With the adoption of Chapter 123, many of the questions concerning municipal authority have been answered. There remain several unresolved issues that will be addressed by a task force commissioned to make recommendations to the Minnesota Public Utilities Commission by November 1, 1997. The task force will consist of engineering and other experts representing, in equal proportions, local governments and utilities and other right-of-way users. Under the new law, the PUC has been given responsibility for adopting uniform statewide construction standards, where appropriate, for telecommunication companies placing facilities in the right-of-way. In addition, the task force has been asked to make recommendations to the PUC on calculation of degradation costs, the establishment of right-of-way mapping systems, the establishment of high-density corridors, and indemnification and insurance requirements. The . . PUC standards, when adopted, should not directly affect the provisions of the model but will rather affect the type of local engineering construction requirements that cities can place on telecommunication companies. The League will be intimately involved in the work of the task force and it will provide cities with information concerning the standards as it becomes available. In the interim, the League suggests that cities delay adoption of any new and innovative construction standards and practices. e Acknowledgments The City Engineers Association and the League of Minnesota Cities would like to acknowledge and thank all members of the League Right of Way Task Force and the Legal Advisory Subcommittee who provided many of the ideas and concepts included in the final version of the ordinance. e e- . . . e TABLE OF CONTENTS LMC/CEAM RIGHT-OF-WAY ORDINANCE SECTION PAGE Sec. 1.01. Findings and Purpose ......................... . . . . . . . . . . . . . . . . . . . . .. 1 Sec. 1.02. Definitions ..................................,...................... 2 Sec. 1.03. Administration..................................................... 5 Sec. 1.04. Utility Coordination Committee ....................................... 5 Sec. 1.05. Registration and Right-of-Way Occupancy. .. . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Sec. 1.06. Registration Information............................................. 6 Sec. 1.07. Reporting Obligations ............................................... 7 Sec. 1.08. Permit Requirement ........,......,................................. 8 Sec. 1.09. Permit Applications ....,............................................ 8 Sec. 1.10. Issuance of Permit; Conditions ........................................ 9 Sec. 1.11. Permit Fees ........................................................ 9 Sec. 1.12. Right-of-Way Repair and Restoration .................................. 9 Sec. 1.13 Joint Applications .................................................. 11 Sec. 1.14. Supplementary Applications......................................... 11 See. 1.15. Other Obligations .................................................. 12 Sec. 1.16. Denial of Permit ..............,.................................... 12 Sec. 1.17. Installation Requirements ........................................... 13 Sec. 1.18. Inspection ........................................................ 14 Sec. 1.19. Work Done Without a Permit ........................................ 14 Sec. 1.20. Supplementary Notification ......................................... 14 See. 1.21. Revocation of Permits ............ . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . .. 15 Sec. 1.22. Mapping Data .......................................................................................................... 16 Sec. 1.23. Location of Equipment ............................................. 16 Sec. 1.24. Relocation of Equipment .................,.......................... 17 Sec. 1.25. Pre-Excavation Equipment Location .................................. 18 Sec. 1.26. Damage to Other Equipment ..............,......................... 18 Sec. 1.27. Right-of-Way Vacation ............................................. 18 Sec. 1.28. Indemnification and Liability ........................................ 18 Sec. 1.29. Future Uses .............................................................................................................. 19 Sec. 1.30. Abandoned and Unusable Equipment ................................. 19 Sec. 1.31. Reservation of Regulatory and Police Powers ........................... 20 Sec. 1.32. Severabilit}r .............................................................................................................. 20 OPTIONAL PROVISIONS FOR IMPOSITION OF USER FEES .................. 21 Sample Registration Application ............................................................................................ 24 Sample Application for Installation or Repair of a Utility ......................... 25 . . e e Model Ordinance LMC/CEAM Right-of-Way Ordinance City of Countt. l\'Iinnesotl! .,- An ordinance to enact a new Chapter of the Code of Ordinances to administer and regulate the public right of way in the public interest, and to provide for the issuance and regulation of right-of-way permits THE COUNCIL OF ORDAINS1: Chapter _of Code of Ordinances (hereafter "this Code" )2 is hereby repealed in its entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter), to read as follows: Chapter 1 Right-of-Way Management See.1.0t. Findings and Purpose. To provide for the health, safety and well-being of its citizens,and to ensure the structural integrity ofits streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions. The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. I Enacting clauses are different in various charters. The statutory city enacting clause is used here. 2In most cases, there will be ordinances or legislative codes that will need to be amended or repealed because of inconsistency with the new regulations. One method is to repeal all those provisions and replace them with this ordinance. . In response to the foregoing facts, the City hereby enacts this new Chapter of this Code3 relating to right-of-way permits and administration, together with an ordinance making necessary revisions to other Code provisions. This Chapter imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the rights-of-way will bear a fair share of the fmancial responsibility for their integrity. Finally, this Chapter provides for ~~covery of~\lt-of-poc~tlt and projected costs from persons using the public rights-of-way. . Sec. 1.02. Definitions. The following definitions apply in this Chapter of this Code. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any person requesting permission to excavate or obstruct a right- of-way. (b) "City" means the City of , Minnesota. For purposes of section 1.28, city means its elected officials, officers, employees and agents. (c) "City Cost" means the actual cost incurred by the City for public rights-of-way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; dete.rmining the adequacy of right-of-way restoration; restoring work inadequately performed; and revoking right-of-way permits and performing all other tasks required by this Chapter, including other costs the city may incur in managing the provisions of this Chapter. e (d) "Degradation" means the accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur. ( e) "Degradation Cost" means money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation. (Note: The use and calculation of degradation costs are being addressed by the PUC's advisory task force.) (f) "Department" means the Department of Public Works of the City. (Note: If a city does not have a public works department, an equivalent department may be designated.) (g) "Department Inspector" means any person authorized by the Director to carry out inspections related to the provisions of this Chapter. e- 3Legislative compilations may carry other designations, such as Code of Ordinances or Municipal Code. 2 ; ; e (h) "Director" means the Director of the Department of Public Works of the City, or her or his designee. (Note: Some cities may prefer to use the term "city" rather than delegating responsibilities to a specific position.) (i) "Disruptive Fee" is the penalty imposed as a result of the adverse impact on City '--citIZl::nsanaOlliers wno are reqUIred tdaltettrttve1toilteifandtimesresultihlrfroin right- of-way obstructions. G) "Downtown Business District" means that portion of the city lying within and bounded by the following streets: (insert your city definition here). (k) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. (I) "Equipment" means any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. (m) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way, except horticultural practices of penetrating the boulevard area to a depth ofless than 12 inches. . (n) "Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right of way described in such permit. (0) "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 1.11. (P) "In," when used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way. (q) "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Chapter. (r) "Obstruct" means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. (s) "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. e (t) "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 1.11. (u) "Permittee" means any person to whom a permit to excavate or obstruct a right-of- way has been granted by the City under this Chapter. (v) "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right-of-way. . (w)"Probation" means the status of a personthat has not-complfed with the conditions of this Chapter. (Note: This paragraph is included as an option for your city.) (x) "Probationary Period" means one year from the date that a person has been notified in writing that they have been put on probation. (Note: This paragraph is included as an option for your city.) (y) "Registrant" means any person who (I) has or seeks to have its equipment located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right- of-way or any equipment in the right-of-way. (z) "Repair" means the temporary construction work necessary to make the right-of- way useable for travel. (aa) "Restoration Bond" means a performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in both a timely and quality manner. (bb) "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work. . (cc) "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. (dd) "Right-of-Way" means the surface and space above and below a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. (ee) "Right-of-Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Chapter. (ft) "Service" or "Utility Service" includes but is not limited to (I) those services provided by a public utility as defined in Minn. Stat. 92168.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. 9 300.03 ; (4) the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minn. Stat. Chap. 238. .- 4 . . e (gg) "Supplementary Application" means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. (hh) "Telecommunication Rights-of-Way User" means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, thatjsused or is intell~~~to be used fortransJlortingt~~e~mmunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users. (ii) "Unusable Equipment" means equipment in the right-of-way which has remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. Sec. 1.03. Administration. The Director" is the principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. Sec. 1.04. Utility Coordination Committee. The city may create a utility coordination committee. If created, this committee shall be voluntary and advisory to the Director. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding ways to take greater responsibility for the right-of-way, and to improve the process of performing construction work therein. The Director may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. (Note: This paragraph is included as an option for your city.) Sec.I.OS. Registration and Right-of-Way Occupancy. Subd. 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of- way or any equipment in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, equipment in any right-of-way must register with the Director. Registration will consist of providing application information and paying a registration fee. Subd.2. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof in any right-of-way without ftrst being registered with the Director. 4The city manager would usually make the appointment. A council resolution should be used in the typical weak mayor, non-manager city. The mayor ofstrong mayor cities would typically make this appointment. 5 Subd.3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, excavations . --deeper.than.J2inches .aresubj ectto.the...permilJ'e.quirements of sc::~tiQn .1,Q8 of this Chapter. (Note: The city may want to adopt other exceptions for boulevard work.) . Sec. 1.06. Registration Information. Subd. 1. Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: (a) Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: (1) Shall be on a form approved by the city; . (2)Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or is covered by self insurance which the Director determines to provide the city with protections equivalent to that of a Minnesota licensed insurance company, legally independent from the registrant; (3) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of equipment in the right- of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property; (4) Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; o (5) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy; and .. (6) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in 6 e e . amounts sufficient to protect the City and carry out the purposes and policies of this Chapter. (d) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. g 300.06 as recorded and certified to by the Secretary of State. (e )A.cop-y of the person's certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said cormnission or other state or federal agency. (f) Such other information as the City may require. Subd.2. Notice of Changes. The registrant shall keep all of the information listed above' current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Sec. 1.07. Reporting Obligations. Subd.l. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a "Next-year Project"); and (b) The tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "five- year Project"). The term "project" in this section shall include both Next-year Projects and Five-year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the mmual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any Project in its list of Next-year Projects, and must notify the Director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a Next-year Project of another registrant listed by the other registrant. Subd.2. Additional Next-year Projects. Notwithstanding the foregoing, the Director may, for good cause shown, allow a registrant to submit additional Next-year Projects. Good cause includes, but is not limited to, the criteria set forth in Section 1.16 concerning the discretionary issuance of pennits. 7 Sec. 1.08. Permit Requirement. Subd. 1. Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from ihe Director to do so. . . '~a) 1!:xciivaliiinperiilirAn excavatIon pemiit IS required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free ahd open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (i) makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd.3. Disruptive Fee. Nothwithstanding subd. 2 of this section, even if a new permit or permit extension is granted, the Director shall establish and impose a disruptive fee as a civil penalty for unreasonable delays in right-of-way excavation, obstruction, repair, or restoration. Subd.4. Permit Display. Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Director. e Sec. 1.09. Permit Applications. Application for a permit is made to the Director. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Chapter; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment; (c) Payment of all money due to the City for (1) permit fees and costs, (2) prior obstructions or excavations; (3) any loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City; .- 8 . , . . (4) franchise fees, if applicable. (d) When an excavation permit is requested for purposes of installing additional equipment, and the posting of a restoration bond for the additional equipment is insufficient, the posting of an additional or larger restoration bond for the additional equipment may be required. Sec. 1.10. Issuance of permit; conditions. Subd. 1. Permit Issuance. If the Director determines that the applicant has satisfied the requirements of this Chapter, the Director may issue a permit. Subd. 2. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. Sec. 1.11. Permit Fees. Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the following costs: ( a) the City cost; (b) degradation cost, if applicable. Subd.2. Obstructive Permit Fee. The Obstruction Permit Fee shall be established by the director and shall be in an amount sufficient to recover the City cost. Subd.3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of such fees before the issuance of such a permit unless the applicant shall agree to pay such fees within thirty (30) days of billing therefor. All permit fees shall be doubled duriog a probationary period. (Note: Probation is an option for your city.) Subd. 4. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 1.21 are not refundable. Subd, 5. Use of Permit Fees. All obstruction and excavation permit fees shall be used solely for city management, construction, maintenance and repair costs of the right-of-way. Sec. 1.12. Right-of-Way Repair and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 1.15. 9 In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for thirty-six (36) months thereafter. . Subd. 2. Repair and Restoration. Permittee shall repair its own work. In addition, in its . application for an excavation permit, the permittee may choose either to have the City restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the permittee chooses to have the City restore the right-of-way, it shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said pavement. (b) Permittee Restoration. If the permittee chooses to restore the right-of-way itself, it shall at the time of application for an excavation permit post a restoration bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, thirty-six (36) months after completion of the restoration of the right-of-way, the Director determines that the right-of-way has been properly restored, the surety on the restoration bond shall be released. Subd.3. Standards. The permittee shall perform repairs and restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall be guided by the following standards and considerations: [Note: The PUC Advisory Task Force will he recommending uniform statewide standards, where appropriate.] . (a) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way; (b) The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; (c) The pre-excavation condition of the right-of-way; the remaining life- expectancy of the right-of-way affected by the excavation; (d) Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right- of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and (e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. Subd. 4. Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion. During this .- 10 . e . 36-month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 1.15. Subd.5. Failure to Restore. If the Permittee fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost ofrestoring the right- of-way. If permittee fails to pay as required, the city may exercise its rights under the restoration bond. Subd,6. Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a permittee shall pay to the city a degradation fee to cover city costs associated with a decrease in the useful life of a public right-of-way caused by excavation and repairs. Payment of a degradation fee does not relieve permittee of the obligation to make necessary right-of-way repairs. (Note: Unless voluntarily agreed to, degradation fees cannot be imposed upon telecommunication right-of-way users until the earlier of March 1, 1998 or adoption of PUC rules.] Sec. 1.13. Joint Applications. Subd. 1. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. Subd.2. With City Projects. Registrants who join in a scheduled obstruction or excavation performed by the Director, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee. Subd. 3. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the Director does not perform, may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Sec. 1.14. Supplementary Applications. Subd.1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of- way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd.2. Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new 11 permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. e Sec. 1.15.. Other Obligations. Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements oflocal, state and federal laws, including Minn. Stat. 99 216D.01-.09 ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. Subd..2. Prohibited Work. Except in an emergency, and with the approval of the Director, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd.3. Interference with Right-oj-Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked within or next to a permit area. The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit. Sec. 1.16. Denial of permit. e Subd. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted: (a) To any person required by Sec. 1.05 to be registered who has not done so; (b) To any person required by Sec. 1.08 to file an annual report but has failed to do so; (c) For any Next-year Project not listed in the construction and major maintenance plan required under Section 1.08; (d) For any project which requires the excavation of any portion of a right-of-way which was constructed or reconstructed within the preceding five years; (e) To any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter; , (f) To any person as to whom there exists grounds for the revocation of a permit under Sec. 1.21; or (g) If, in the discretion of the Director, the issuance ofa permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The Director, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety and welfare. .- 12 e . . Subd. 2. Permissive Denial. The Director may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The Director, in her or his discretion, may consider one of more of the following factors: (a) the extent to which right-of-way space where the permit is sought is available; (b) the competing demands for the particular space in the right-of-way; (c) the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant; (d) the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way; ( e) the degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations; - (f) the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; (g) the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and (h) the balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. Subd.3. Discretionary Issuance. Notwithstanding the provisions of Sec. 1.16 subd. 1, (c) and (d), the Director may issue a permit in any case where the permit is necessary (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or ( c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next-year Projects. Subd.4. Permits Jor Additional Next-year Projects. Notwithstanding the provisions of Section 1.16 subd. I (c) above, the Director may issue a permit to a registrant who was allowed under Section 1.07 Subd. 2, to submit an additional Next-year Project, such permit to be subject to all other conditions and requirements of law, including such conditions as may be imposed under Section 1.1 O. Sec. 1.17. Installation Requirements. The excavation, backfilling, repair and restoration, and all other work performed in the right-of- way shall be done in conformance with "The Standard Specifications for Street Openings" as promulgated by the Director and at a location as required by Section 1.23. 13 Sec. 1.18. Inspection. Subd. 1. Notice oJ Completion. When the work under any permit hereunder is completed, the permittee shall notifY the Director. . Subd. 2. Site Inspection. Permittee shall make the work-site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority oJ Director. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. The Director may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuantto Sec. 1.21. Sec. 1.19. Work Done Without a Permit. Subd. 1. Emergency Situations. Each registrant shall immediately notifY the Director of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. . If the Director becomes aware of an emergency regarding a registrant's equipment, the Director may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Director may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd.2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay double the normal fee for said permit, pay double all the other fees required by the Legislative Code, deposit with the Director the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this Chapter. Sec. 1.20. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notifY the Director of the accurate information as soon as this information is known. . 14 Sec. 1.21. Revocation of Permits. . Subd. 1. Substantial Breach. Registrants hold permits issued pursuant to this Chapter as a privilege and not as a right. The City reserves its right, as provided herein, to revoke any right- of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right-of-way permit; (b) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit; (d) The failure to maintain the required bonds and/or insurance; (e) The failure to complete the work in a timely manner; or (f) The failure to correct a condition indicated on an order issued pursuant to Sec. 1.18. . Subd.2. Written Notice oJ Breach. If the Director determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. Further, a substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit. Subd.3. Response to Notice oJ Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director, for its correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for inunediate revocation of the permit. Further, permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee-on probation for one (1) full year. (Note: Probation is an option for your city.) Subd.4. CauseJor Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit. (Note: Probation is an option for your city.) Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. (Note: Probation is an . option for your city.) Subd. 6. Reimbursement oJ City Costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of 15 collection and reasonable attorneys' fees incurred in connection with such revocation. (Note: Probation is an option for your city.) Sec. 1.22. Mapping Data. e Subd. 1. InJormation Required. Except as provided in subd. 2 of this section, each registrant shall provide to the Director information indicating the horizontal and vertical location, relative to the boundaries of the right-of-way, of all equipment which it owns or over which it has control and which is located in any right-of-way ("Mapping Data"). Mapping Data shall be provided with the specificity and in the format requested by the Director for inclusion in the mapping system used by the Director. Within six (6) months after the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment, each registrant shall supplement the Mapping Data required herein. Each registrant shall, within six (6) months after the date of passage of this Chapter, submit a plan to the Director specifYing in detail the steps it will take to comply with the requirements of this Section. Said plan shall provide for the submission of all Mapping Data (a) for the Downtown Business District within two (2) years after the date of passage of this Chapter, and (b) for the remainder of the City as early as may be reasonable and practical, but not later than five (5) years after the date of passage of this Chapter. (Note: Mapping data schedule is an option for your city.) e Notwithstanding the foregoing, Mapping Data shall be submitted by all registrants for all equipment which is to be installed or constructed after the date of passage of this Chapter at the time any permits are sought under these ordinances. After six (6) months after the passage of this Chapter, a new registrant, or a registrant which has not submitted a plan as required above, shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. Subd. 2. Telecommunication Equipment. Information on existing facilities and equipment of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. Subd.3. Trade Secret Information. At the request of any registrant, any information requested by the Director, which qualifies as a "trade-secret" under Minn. Stat. 9 13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of mapping data, the city may consider unique circumstances from time to time required to obtain mapping data. Sec. 1.23. Location of Equipment. Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or Minnesota Stat. 216B.34, or unless existing above-ground equipment is repaired or replaced, new construction and the installation of new equipment and replacement of old equipment shall be .- 16 e . , e done underground or contained within buildings or other structures in conformity with applicable codes.' Subd.2. Corridors. The Director may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Director expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Any registrant whose equipment is in the right-of-way in a position at variance with the corridors established by the Director shall, no later than at the time of the next reconstruction or excavation of the area where its equipment is located, move that equipment to its assigned position within the right-of-way, unless this requirementis waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd.3. Nuisance. One year after the passage of this Chapter, any equipment found in a right- of-way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the equipment and restoring the right-of-way to a useable condition. Subd. 4. Limitation oJ Space. To protect health and safety, the Director shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the. public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Sec. 1.24. Relocation of Equipment. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right-of-way . whenever the director requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The director may make such request to prevent interference by the Company's equipment or facilities with (i) a present or future City use of the right-of-way, (ii) a public improvement undertaken by the City, (Hi) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right-of-way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. 'Thi. subsection is optional and could be applied only within certain specified districts of the city, i.e., the business district, or may be omitted entirely ifUndergrounding is not a priority objective of the community. 17 Sec. 1.25. Pre-Excavation Equipment Location. In addition to complying with the requirements of Minn. Stat. 99 216D.Ol-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said equipment. Any registrant whose equipment is less that twenty (20) inches below a concrete or asphalt surface shall notifY and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation. e Sec. 1.26. Damage to Other Equipment. When the Director does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's equipment to protect it, the Director shall notifY the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way which it or its equipment damages. Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the City's response to an emergency occasioned by that registrant's equipment. Sec. 1.27. Right-of-Way Vacation. Subd. 1. Reservation oJ Right. If the City vacates a right-ofcway which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the City shall reserve, to and for itself and all registrants having equipment in the vacated right-of-way, the right to install, maintain and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. . Subd. 2. Relocation oJ Equipment. If the vacation requires the relocation of registrant or permittee equipment; and (a) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the city, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant or permittee; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. Sec. 1.28. Indemnification and Liability. Subd. 1. Limitation oJ Liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd.2. Indemnification. By registering with the Director, a registrant agrees, or by accepting a permit under this Chapter, a permittee is required, to defend, indemnifY, and hold the City e 18 e . e whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained ofis authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnifY the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Sec. 1.29. Future Uses. In placing any equipment, or allowing it to be placed, in the right-of-way the City is not liable for any damages caused thereby to any registrant's equipment which is already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special duty is created as to any registrant. This Chapter is enacted to protect the general health, welfare and safety of the public at large. Sec. 1.30. Abandoned and Unusable Equipment. Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the registrant's obligations for its equipment in the right-of-way under this Chapter have been lawfully assumed by another registrant; or (b) Submit to the Director a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: (1) purchase the equipment; or (2) require the registrant, at its own expense, to remove it; or (3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment. Subd.2. Abandoned Equipment. Equipment of a registrant who fails to comply with Section 1.30 subd. I, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights lQ it has at law or in equity, including, but not limited to, (i) abating the nuisance (ii) taking possession of the equipment and restoring it to a useable condition, or (Hi) requiring removal of the equipment by the registrant, or the registrant's successor in interest. e Subd. 3. RemovaL Any registrant who has unusable and abandoned equipment in any right-of- way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the Director. Sec. 1.31. Reservation of Regulatory and Police Powers. The City by the granting of a right-of-way permit, or by registering a person under this Chapter does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or may be hereafter granted to the City under the Constitution and statutes of the State of Minnesota (or the Charter of the city) to regulate the use of the right-of-way by the permittee; and the permittee by its acceptance of a right-of-way permit or of registration under this Chapter agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the City pursuant to such powers. Any conflict between the provisions of a registration or of a right-of-way permit and any other present or future lawful exercise of the City's regulatory or police powers shall be resolved in favor of the latter. . Sec. 1.32. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or registration issued under this Chapter or any portions of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively ,except for conditions relating to the term of the permit and the right of termination. If a permit, right or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. .. . .. 20 . . , e OPTIONAL PROVISIONS FOR IMPOSITION OF USER FEES Historically, cities have varied widely in their approaches to charging utilities and others for the privilege of placing equipment and facilities in public rights-of-ways. The approaches used have gone from the requirement of a minimal fee to cover the cost of permit issuance to the more significant practice of granting a franchise and imposing a franchise fee. The model ordinance imposes fees that reflect a fair approximation of the city's cost in managing its public rights-of-way. However, the charges are not intended to compensate the city for the value of the privilege of being able to use the public rights-of-way. Cities have approached this issue in a variety of ways. One method has been to grant franchises and collect franchise fees. This remains a viable altemative for all utilities except telecommunications companies. (Recent law changes prohibit franchising fees on telecommunications companies.) As an alternative to franchise fees, other cities have considered imposition of "user fees." The user fee concept rests on the premise that the right-of-way has a value associated with it and that it is appropriate to require payments as reimbursement or return to the public for that use value - particularly from those who obtain revenue or profit from such use. Again, under current law, user fees are permissible except as against telecommunication rights-of-way users. Because the practice of charging for the use of the public rights-of-way varies significantly from community to community, the user fee concept is not included in the main body of the model ordinance. However, for those cities that would like to impose user fees on non- telecommunication companies, several suggested additions to the model ordinance have been provided. The principal modifications to the model ordinance consist of the following: I) An addition to paragraph (b) in the "Findings and Purpose" section (Section 1.01); 2) A definition of "user fee" in Section 1.02, 3) A new section 1.06 in the "Grant of Right; Payment of user fee," and 4) Inclusion of user fees in Section 1.09, "Permit Applications." The text that follows is written so that the user fee concept can be incorporated into the model ordinance with only minor modifications. If the text is included, sections of the model ordinance will need to be renumbered accordingly. Text of additions to model ordinance. I. Section 1.01 of the model ordinance should include a subparagraph (b) as follows: (b) Use Fee. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing and legitimate state and local public policy, which authorizes the City to require payments as reimbursement or return to the public for the use value 'll . of the public rights-of-way from those who obtain revenue or profits from such use. This reimbursement is provided for and defined in this ordinance as the "user fee." . (1) Public Interest and Welfare. The City Council finds that it is in the public interest to provide for the payment of a user fee by all persons who use and occupy the right-of-way for operating their businesses. This provides equity by requiring all users of the right-of-way to pay compensation apportioned equally among them all for the value and benefit of using such right- of-way. To ensure such fair treatment, this Chapter exempts franchise holders which pay franchise fees to the City on the date of adoption of this Chapter from the payment of a user fee. (2) Legislative Power. In these situations, the City Council desires to exercise its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under Minn. Stat. 99 216B.36, 222.37, 237.16 and 300.03, (410.09) and 412.211, subdivisions 6, 23 and 32\. The Council finds and determines that the public interest will be best protected by adopting this Chapter conferring the right to occupy the right-of-way in return for payment as authorized by law. (3) Computation of User fee. (See attachment.) (4) Not a Rate. The City Council finds and determines that the user fee authorized by this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. 9 2168.02, subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person using the right-of-way, but is rather a fee paid for the right of that person to operate in the public right-of-way, and to maintain the equipment of a utility in the right-of-way in . II. Section 1.02 ofthe model ordinance should include a subparagraph (jj) defining user fee as follows: (jj) "User fee" is the sum of money, payable to the City, by a person using or occupying the right-of-way; provided, however, that the City may at its option provide, at any time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. III. The model ordinance is changed to add a new Section 1.06 to read as follows:[existingSection 1.06 and all subsequent sections must be renumbered] : Sec. 1.06. Grant of Right; Payment of user fee. Any person required to register under Section 1.05, which furnishes utility services or which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with . \ Language in parentheses is appropriate only in cities with home rule charters. 22 " e e . all other requirements oflaw. This legal entitlement shall not include use of the right-of-way for purposes not in furtherance of furnishing utility services for which additional authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual) installments, subject to adjustment and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person (a) uses or occupies the right-of-way to furnish utility service, or (b) places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This section does not apply to a person which uses and occupies the right-of-way for operating its business when there is a preexisting franchise agreement between that person and the city which provides for the payment of franchise fees. The grant of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this Chapter. IV. Section 1.09 of the model ordinance should include a subparagraph (c)(5) as follows: (5) user fees. 23 . REGISTRATION APPLICATION <City Name> Department 01 Public Worl<s Address Phone: Fax: E-MaIl: Web SIte: e If you cbecked other in ReglslratlOll Type pI...... explain below Nam_ ddr... City 5tal._ Name Addu.. Clly Stal. Zip Cod_ e Phon. Numb.r F:,x Numb.r E.MaU Addr... Nam. Phon. Number pag.r Fax Numb.r Please attach copies 01 certificates and licenses as requIred lor registration 1) CG,rtIficale 01 Insurance 2) CGrtlficate 01 Incorporation (1IIncorportated) 3) CGrtlficate 01 Authority Irom Minnesota Public UUltles Commlslon (MPUC) 4) Removal Bond (Equipment Owner Only) 5) Mlmesota Conlractcrs License Oat. r.c.t....d Data Ap,provad . . . RalllatraUon Number ......Ignad Ragla.ar.d by Whom 3/5197 24 , , Oty Public Works Department Utility Connections and Inspections Office Address Telephone A lication for Installation or Re Excavation Permit air of a Utili Obstruction Permit Attached Plan submitted bv (Utility Own.q: D Joint Application Plan No. Pro'ectNo. A licant Address: Ci: Contact Person: Si ature: State: Tele hone: ZIP: Pa er Dated: Re .stration No. Tele hone State: Tele hone: Tele hone: Construction Information De th: Sdwk Blvd : Number of Construction Da s: Weekend Dates: After Hour Dates: Comments: Date Received: Review Committee Yes I I No I Commi~ee Date Permit Number . 25 .~ , h . . . . CITY OF ARDEN HILLS MEMORANDUM DATE: July 26, 1999 TO: Mayor and City Council FROM: Kevin Ringwald, Assistant to the City Administrator~ SUBJECT: Community Development Department Activities July of 1999 The following summarizes the activities ofthe Community Development Department for July of 1999. Planninl! Commission - AUl!ust of 1999 Case #99-04 City of Arden Hills, Creation of a Neighborhood Business zoning district, Discussion Only. The Planning Commission will continue discussions on the creation of a neighborhood business district. The district will take several meetings to frame out before formal consideration is undertaken (ie., Summer of 1999). Any particular thoughts about the types of uses, examples of good neighborhood centers, or other thoughts would be appreciated. Case #99-11 Aaron and Steve Nelson, 3130 Cleveland Avenue, Concept PUD. The applicants are requesting concept approval for an approximately 7,000 square foot office building at the comer of County Road D and Cleveland Avenue. The structure is residential in appearance with parking adjacent to the roadways. The current setbacks from adjacent residential (north and east) are 100 feet. The applicants are proposing 20 feet. Case #99-13 Friskies Pet Care, 4251 Fernwood Avenue, Site Plan. The applicant is requesting approval to biofiIter to the rear (west) of their existing building to eliminate the odor that currently emanates from their facility. Essentially, the biofilter is a 50 foot wide by 50 foot long by 8 feet deep (one half underground) vessel in which the raw air is pumped in the bottom, then it works its way up through the medium is purified and exits through the top. The company's web site is located at http://www.bioremtechnologies.com. Protective Inspections 1. Building Permits (July of 1999). The City issued four commercial/industrial permits in July. The first, Permit (#6618) was an interior remodel ($7,238) at 3557 Lexington Avenue. The second, Permit (#6619) was for an interior remodel ($100,000) at 4201 Lexington Avenue. The third, Permit (#6630) was for a window replacement ($8,975) at 3363 Dunlap Street. Lastly, the fourth, Permit (#6652) was for an interior remodel ($25,000) at 6 Pine Tree Drive. In July, the City issued thirty-seven residential remodeling permits, which ranged in value from $3251.00 to $74,000.00, had a total value of $370,540.00 and had an average value of$10,014.59. Also, the City issued one permit for a new single family house (1219 Amble Road) that had a value of $209,843. 2. Sign Permits (July of 1999). The City issued one sign permit (temporary) to North Heights Lutheran Church at 1700 Highway 96. 3. Fire Inspector - Lake Johanna Volunteer Fire Department. The staff met with the new fire inspector (Thierry Chavallier). The Staff discussed expectations and coordination efforts to ensure continued smooth issuance of building permits. 4. 6 month review of 1999. Attached is a review of building activities for the first half of 1999 (Exhibit A). Code Enforcement 1. July of 1999. The current code enforcement activities are summarized on Exhibit B. ~ . . . ,. . . . ~,~rrA 'Iv CITY OF ARDEN HILLS MEMORANDUM DATE: July 13, 1999 TO: Kevin Ringwald, Assistant to the City Administrator FROM: Dave Scberbel, Building Official SUBJECT: Semi-Annual report for 1999 (January-June) Request Provide progress report for building permits during the first six months of 1999. Report Attached is a copy ofthe building departments first six months of permit activity. Listed are the total number of permits issued, along with fee's collected, and total value of the permits issued. Points of interest Notable commercial construction: 4100 N. Hamline Ave. 3220 Lake Johanna Blvd. 1987 Gateway Blvd. - Guidant - $1,800,000.00 - Presbyterian Homes - $601,000.00 - Pacesetter, Pameco - $260,000.00 Another point of interest is the large amount of roofing permits that have been issued due to the storms of last year. Since the first of the year thru June 30th, the City has issued 164 roofing permits with a total value of$I,134,289.00. This compares to the same time period last year of 27 roofmg permits issued with a total value of 131,274.00. " . . . t(1/ Construction Permits semi-annual report- June -99 - Permit Type # issued Fee State Snr. I Sac Charge Valuation Building Connnercial 0 Comrn. 34 5,083,558.00 Remodel New Home 2 470,303.00 Residential 222 2,415,397.00 Remodel Other 14 0 Total 272 111,288.27 3,912.61 37,800.00 7,969,258.00 Mechanical Inspections Completed Commercial Building--------- 3 74 Residential Mechanical----- 76 Total 78 41,255.00 39.00 Plumbing Commercial Plumbing ____m 83 \\Tater-----------8 Residential Sewer-----------7 Total 41 3,852.87 20.50 Electrical Investigative-- 71 Commercial Complaint------ 14 Residential Total 136 12,618.15 68 Signs Sig)1s---------3 Total 3 150.00 1.50 Fire Fire---------- 15 Suppresion Total 17 2,743.91 8.50 0 109,866 # Issued Fee's StateSurcharge Sac Charge Valuation Total of all 547 171,908.20 4,050.11 37,800.00 7,969,258.00 above . . . (Valuation does not mclude fIre permIts) ,. . " CII - ClI E s:: CII - ClI C s:: CII ~ ClI .... s:: o .. ~ (/) (/) ~ " ~ s:: o .. 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Q) ~ lil ~ rn Q).!!l Q) gEt) e "'C :a5 () rJ.!!l lii ~ ~31- c >..J::() rn CI) Q) ::J C Q) 0 -; C "'C .5 O()rnQ):U&i>~~' ~ (/)~ZrnrnliiIYO .J::~uzE ci "'C rn & ci () "'C <= rn .... o 'c C. Cl "'C rn & "'C ~ rn c & ::l 0 Q) () :0 f'- 0 '<t Z . 0) 0 .;; ~ ("') c S 0) 0 .. ...... :;::; 0 l'll ;; U") '0 GO ...... .- 'l:l , > <3 0) 0 0) ("') , 0) 0) e e . CITY OF ARDEN HILLS MEMORANDUM DATE: July 23, 1999 TO: Brian Fritsinger, City Administrator Terrance Post, City Accountant @ July, 1999 Finance Department Report FROM: SUBJECT: Staff Traininl!: In mid-August, Sandy Berres will be attending a two-day Intermediate Local Government Accounting course in Minneapolis, sponsored by the Government Finance Officers Association. Last year, Sandy attended the entry-level course. Terry Post will be attending the annual MGFOA Conference in Alexandria, MN from September 22 - 24,1999. Current Month Activities 1. Second quarter utility billings were mailed July 15, 1999. Due to relatively rainy weather, water consumption is marginally down. This may result in sanitary sewer flows being disproportionately higher, which will result in later (6-month lag) higher flow billings from MCES. 2. Assist staff on budget related matters. Due to unfamiliarity with operations, additional time will be spent with Mr. Moore. Next Month Activities I. Advance preliminary budget to a stage that Council can act upon Preliminary Levy and/or maximum Levy Resolution approval by fIrst September Council meeting. 2. Bring Chapter 10 "Utilities" codification policy changes to closure by identifYing accounting/system procedural changes. 3. Work with Mr. Stafford in a "Preconstruction Meeting" mode after award of the residential water meter replacement project to clearly identifY City requirements and expectations from the low bidder. 4. Transition current project workload from Mr. Fritsinger and assume Interim City Administrator responsibilities. Communicate clearly with Council regarding prioritization of outstanding Administrator goals/projects/issues. . e e CITY OF ARDEN HILLS MEMORANDUM DATE: July 22, 1999 TO: Brian Fritsinger, City Administrator ^'--- Thomas J. Moore, Parks and Recreation Director '-.~ J-~ FROM: SUBJECT: Monthly Department Report brks . Attended the Minnesota DNR Open Spaces Seminar. . Attended Minnesota Recreation & Parks Association (MRP A) meeting. . Attended Ramsey County Park meeting. . Earthstar Project, Inc. has donated $12,200.00 towards the Arden Manor Park project. . All Park signs and Warming houses have been painted. . Met with the owner of Arden Manor Trailer Park in order to secure a [mancial commitment to correct the drainage problems and at Arden Manor Park before the new playground structure is installed. An initial offer of$10,000.00 was made. The cost to correct the drainage problems is approximately $50,000.00 . Royal Oaks playground structure will be installed the week of August 2, 1999. . Met with the representatives of the Scholls Company on four occasions regarding the possible placement of the Round Lake Trail on their property. Negotiations still ongoing. . This month the Parks have experienced five acts of vandalism to the outdoor Riff's. The cost of all past and future damage is covered by the insurance waiver with the Vendor. The cost of the waiver is $96.00 per unit per year. The replacement cost for a new unit is $500.00. . To date; 1,310 Youth/Teen or Adult Athletic games have been held on Arden Hills Parks. Recreation . The Fall Recreation Guide is currently being developed. Anticipate an August 9,1999 distribution date. Memorandum, 1999 Monthly Department Report Page Two June 23,1999 e . 57 programs will be offered for the Fall. . 80 children have participated in the Summer Playground Program. . Staffis currently planning for the August 11 & 12, 1999 Safety Camp. This is a cooperative program with Shoreview Recreation and Ramsey County. e e e CITY OF ARDEN HILLS MEMORANDUM DATE: July 23, 1999 TO: Brian Fritsinger, City Administrator Dwayne Stafford, Public Works Director 9~ FROM: SUBJECT: Public Works Department, Monthly Report 1998 Street Imvrovement Proiect Little, if any, work has been done this past month on punch list items remaining to complete the project. Gatewav Boulevard Uneven pavement problems have not been resolved as of yet. (The City Engineer has informed the contractor that the City is not happy with the final layer of blacktop.) West Round Lake Road. Phase I Curb work is complete and base material is being spread to grade. The road is nearly ready for e the first layer of blacktop. BRW Street Re-Ratine: The rerating field work is complete, and BR W is in the process of producing a report on the outcome. Residential Water Meters Two (2) bids were received for the residential meter replacement project. Bids were less than the Public Works Director's estimate, and a recommendation on accepting the low bid will follow. 1999 Seal Coat Proiect One bid was received for the 1999 Seal Coating, which included Lake Valentine Road, Briarknoll Drive, Briarknoll Circle, Keithson Drive, Arden View Drive, and Arden View Court. No bids were received on the Lexington Trail sealcoat, as the specified slurry mix is not available anymore this year. The City engineer will look at an alternative mix. Bids came in very close to the engineer's estimate, and a recommendation for acceptance will follow. e Memorandum, Public Works Department, Monthly Report Page Two July 23, 1999 e Public Works Director Some of the activities of the Public Works Director this past month included: . Interviewed and hired a second seasonal (3 month) Public Works helper Drafted plan and solicited bids for Parks/Public Works yard fence Lock re-key and replacement as necessary on two City Hall doors, all of the maintenance facility garage doors, three lift stations, and the water tower doors. (Some of the locks had become nearly inoperable and several keys are unaccounted for.) 1999 Ditch Maintenance Project Residential Water Meter Replacement Project Sewer easement encroachment problems (Residents had fenced area of sewer easement, hindering access oflines for maintenance.) Updated water meter charges per City Code (120% of City's cost) Dealt with MediaOne on several restoration issues Recycling pick up complaints, and fee collection Joint Powers Agreement with Ramsey County Set up and attended tour of Northwestern College with City staff for emergency shelter. (Northwestern indicated it could shelter 1,000 people in the event of an emergency.) Dynamark easement review with Attorney Filla Scheduled inspection of City's north water tower and drafted public notice regarding reduced water pressure during inspection for publication in the Arden Hills Notes City Newsletter Attended Ramsey County Transportation Advisory Committee to represent Arden Hills Issues Discussed City water odors with St. Paul Water Treatment Plant operator Experienced one week of rain and mosquitos while vacationing this month e . . . . . . . . . . . . . . Public Works DeDartment Activities Some of the Public Works Department activities this month included: . Reconstructed two (2) more collapsing catch basins on south end of Seims Court . Installed a fire hydrant near the north water tower for draining the tower more efficiently . Replaced concrete apron at booster station entrance . Constructed rip-rap dike at Dellwood and Tiller pond to maintain water level (earth dike had failed, draining pond.) . Second quarter meter readings . Boulevard mowing as time allows . Poured concrete walk area around Lift Station #3 control panel . Located and removed major plug in sewer lines near East Side Beverage . Routine street patching . Replaced approximately twelve (12) deteriorated street signs e