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HomeMy WebLinkAboutCCP 01-10-2000 . . /. FILE CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS. MN 55112.5794 AGENDA CITY COUNCIL MEETING, CITY HALL **MONDAY, JANUARY 10,2000,6:30 P.M.** Citv PhiIosODhv To provide a basic and neeessary scope of quality sen'ices through the innovative and purposeful use of physical, financial and human resources. 6:30P.M. 1. Call to Order 6:30 P.M. Approval of Meeting Agenda 2. 6:30 P.M. 3. Approval of Meeting Minutes a. December 6,1999 Troth in Taxation Meeting 6:40 P.M. 4. Consent Calendar Those items listed IDlder the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion IDlOO a Consent Calendar forotal. There will be DO 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 sequ.ence on the agenda. a. Claims and Payroll b. Regular Employee Status, Thomas J. Moore, Parks and Recreation Director c. Regular Employee Status, Michelle Olson, Recreation Program Supervisor PHONE: (651) 633-5676 . FAX (651) 633-7839 ~,.- f;", l' -.'<'\-" "",., - ~ PAGE TWO CITY COUNCIL MEETING, CITY HALL MONDAY, JANUARY 3, 2000, 7:30 P.M. . 6:45 P.M. 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not CUJTeIltly on the agenda. In addressing the Counci~ please state your name and address for ilie record, and a brief summary of the specific item being addressed toilie Council. To allow adequate time for each persou wishing to address the Counci~ 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. 6:50 P.M. 6. Unfinished and New Business a Planning Case #00-02, U. S. West, 3499 Lexington Avenue, Special Use Permit and Site Plan for an antenna and ground equipment b. Ramsey County GIS Users Group, New Joint Powers Agreement (JPA) 7:30 P.M. 7. Public Hearing, 2000 Street Improvement Project a. Res. #00- 05, Resolution Authorizing the Preparation of Detailed Plans and Specifications in the Matter of the 2000 Street Improvement Project . 8:30 P.M. 8. Administrator Comments 8:40P.M. 9. Council Comments and CommitteeJDepartment Activity Reports 9:00 P.M. 10. Adjourn The above times may vary depending upon length of issue discussion. . ----.,. . . . F\\."~E '~~Q~ r!iJJ!DO City of Arden Hills 2000 COUNCIL I STAFF RETREAT January 14 - 15, 2000 Holiday Inn - Dublin Room Process Objectives: - Developing clarity of City and staff organizational structure - Developing consensus on communication expectations, means and practices - Developing understanding of image and view of City and Philosophy of Governance - Developing clarity of roles, boundaries and relationships between Council, Administrator and Staff Timeframe Aaenda I Focus Questions Process Notes January 14 1,00 PM Introductions, Agenda Overview Joe lynch Dennis Cheesebrow 1:15 PM Objectives. Expectations of Participants 1:30PM 1999; Year in Review . What have been the Key Accomplishments, Setbacks, Effects and Influences? . What is the image and identity that emerges from 1999? 2:10PM Key 2000 Goals Affirmation - Key Arenas, Measurements and Milestones 2:30 PM Image and View of City of Arden Hills - What is our image of Arden Hills, today and tomorrow? 3:15 PM Break 3:30 PM Philosophy of Governance, Organization of Governance - How do we interpret the Philosophy of Governance for Arden Hills and how is that reflected in our organization? Structure of City Staff, Roles, Relationships, Boundaries - What is our design and organization of Staff resources and competencies to best serve the needs of the City? 5:50 PM 6:00 PM Reflections Adjourn January 15 8:30 AM Gathering, Review of Friday's Accomplishments and Experience, Overview of Agenda 9:00 AM Key Roles of City Administrator Key Roles of Council - What is the design of key roles that best serves the City? 10:00 AM Relationships and Boundaries of City Administrator and Council - What are the characteristics of successful working relationships and how can we achieve and assure those relationships and boundaries? 11:00AM Key Points of Learning and Commitment 11:30AM 12:00 PM Key Next Steps Adioum Conversation process Large Group process Presentation Group affirmation Conversation / Group Wisdom Process All Group Wisdom Process All Dennis Cheesebrow Conversation Process Mapping Process Conversation Process Action Process All . CITY OF ARDEN HILLS ~i i ~~ PUBLIC INFORMATION MEETING SI~N - IN SHEET MONDAY, JANUARY 10,2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD \/ NAME/ADDRESS DATE ~/I. ('~ ~ C3vV~ ~,)~ ~ d- AL--b LvJ;,Lr < (- /<> -OGI v /- /0 -00 }-fa -(/() I-to-PU . ~ u 1-/O-vc.J /--/ t!) /' () d I, <l'~ ( (0. OcJ -dO Ir /~//) -(/d '~ - v--T I-I p -t:TD I - /# -- #61 ( IC~ -1[:- c c ~..\ ~}-~j c"CA-eL..o;J II I-Ie - Cc. . . . CITY OF ARDEN HILLS PUBLIC INFORMATION MEETING SIGN - IN SHEET MONDAY, JANUARY 10, 2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD 7 NAME/ADDRESS DATE (f tf 1/ I-for () /.10. GD 1-- JO-lJ) /-/O-tJd /-/o-ocJ J - 10 - 0 1-llJ o-J "----.. ) -/r::; - Dc) CITY OF ARDEN HILLS PUBLIC INFORMATION MEETING SIGN -IN SHEET MONDAY, JANUARY 10,2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD ej NAME/ADDRESS Nft'T~ 1v1. r-trT/-h~ J}\f6 G.:wQ~ 1).y J /QJ.. C/ftLrcrJ JJI( ) 2-~ '\ TVl vSv.r I<c) I~~ ({C~ e ~ l!tJ~)&J1 1~)( ~ '"h /3( S' :[ e /. (4'11 ~ DATE (90 ), J ,t:JC) 1~1?l -C>~ J b /IKJ , / j(j dD -' t/to ~ ;/~1~J . . . v CITY OF ARDEN HILLS PUBLIC INFORMATION MEETING SIGN - IN SHEET MONDAY, JANUARY 10,2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD NAME/ADDRESS DATE I( " Nl-~ ( -&'17" ~ I "^'- Co >2...... Y'\e> [~ ~ /4"(\ ~V~J.h I /0/ <Slo . . . CITY OF ARDEN HILLS ~1 PUBLIC INFORMATION MEETING SIGN - IN SHEET >J MONDAY, JANUARY 10,2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD NAME/ADDRESS DATE <::. ul, , ..1 " 11 tj f dt.rllOfl Dr. 1-10-00 ' .'1f71/) } 7/ , t. '7H~A1-v~ 12--z...P A-z.- 0- I( '/I'" v , / . January 10, 2000 Arden Hills Reconstruction Public Meeting Tentative Agenda ..} Meetinll Notekeener Lvnn Schmidt 651/484-1310 Letter to Council " Tom Lvnch 651/633-5535 Petition Results v AliBil1l1s Survey Results (mav not be comoleted) .I Yvonne Wilken 651/636-7383 Topics: The Process 7 Howard Haas 484-4068 Maintaininll same street width ;;. Cristine Leavit 481-9144 Hamline Avenue Closure ./ John Scmidt 484-1310 Drainalle Issue .I Dave or Yvonne Wilken 651/636-7383 Rain Gardens Ii Linda Swanson/Dale Lutz 484-4433 On-Street Parkinll ./ Steve Freimuth 483-0517 EP A Review v Leslie Reindl 633-4410 EneJneerinl!: Firm t/ Dick Hanson 633-5388 - Assessments V Dorothv (f)orle) Vawter 631-2076 ;r Turn Back al!:reement .; Tom Lvnch 633-5535 Ponds and Drainal!:e Ditch / Wilhelm Reindl 633-4410 What the Residents Propose ./ Linda Swanson 484-4433 Ouestions to the Citv ./ Linda Swanson 484-4433 Open to the Public for comments I" .' "Ur:}::> . . .. . . January 9,2000 1136 Carlton Drive Arden Hills, MN 55112 h: 651-482-0355 w: 612-761-2378 Honorable Mayor and Members of the City Council City of Arden Hills 4363 West Round Lake Road Arden Hills MN 55112-5794 cc: Gregory Brown, BRW cc: Dwayne Stafford, Public Works Director cc: Joe Lynch, City Administrator RE: Feasibility Study for 2000 Street Improvements Project - Ingerson Avenue neighborhood Honorable Mayor and Members of the City Council: . I will be unable to attend the meeting on January 10, 2000, but I believe it is important for me to voice my concerns. I am asking you to delay any decisions on the 2000 Street Improvement Project for the Ingerson A venue neighborhood. The reasons for this request are: 1. The timetable seems to be 'hurried.' 2. The entire project has caught the neighborhood by surprise. 3. The neighborhood was not consulted nor involved in the proposed project. 4. The application of 'City Standards' which may not be appropriate for much of the project have been applied. 5. Alternative solutions to the water problems do not appear to have been investigated. 6. The project appears to be a 'Cadillac-sized' solution to a 'Volkswagen-sized' problem. When I first heard about the street project, I thought "Cool... new streets and gutters!" Yes, knew it would be expensive, and my street (Carlton Dr.) is in fine condition; however, I was not against the project. After studying the complete Feasibility Study & Report prepared by Mr. Brown and kindly sent in a timely fashion by Mr. Stafford and attending a neighborhood meeting to discuss the project on January 6, I believe the project, as proposed, is not in the neighborhood's or the City's best interests. . ... .. Further thoughts pertaining to my reasons to delay the project are discussed below. I. The 'hurried' timetable. . What's the rush? There did not appear to be anyone demanding immediate road repairs or solutions to the water problems at the neighborhood meeting. While the 1999 Arden Hills Comprehensive Street Condition Assessment Report identified Pavement Condition Indexes (PCl) ranging from 11 to 86 with a weighted average of 55, no analysis was provided to show that this PCI value of 55 is the worst value for all city streets or is a value significantly different from any other city street index. Is there money burning a hole in the City's pocket? Will the City lose funding for portions of the project if it is not completed by said date? 2. Surprise Most residents first heard about the proposal just one week prior to the meeting on November 30. The cost or magnitude of the proposal were not realized until that meeting. At the neighborhood meeting on January 6, I sensed a feeling of "They're trying to ram this one through; they don't care what the residents think!" The tight timetable for the project gives the impression that the project is a 'done deal' before the residents have any input. My suggestions are to survey the residents, gather more information on the water problems, investigate other alternatives, and most importantly, involve the neighborhood early in the process, not after the engineering proposal is completed. Yes, this will take more time and additional effort, but an engineering study is not inexpensive. Your constituents will appreciate the opportunity, and if they don't, then you can say, "You've had your chance." It was stated in the letter of December 2 to Mr. Lynch from Mr. Stafford that "of the . approximately 100 residences invited, only about 25 people attended the meeting." People have several commitments these days, with added commitments due to the holidays. With approximately one week's notice of a meeting which was taking place during the holidays, it was probably difficult for people to change commitments and attend. The city should not have expected any greater turnout. 3. Lack of neighborhood involvement. It's apparent that there has been no involvement of the neighborhood prior to the engineering study. From what I understand, the city has no quantifiable data about the extent or severity of the water problems (and if they do, they should tell us). A survey of the residents needs to be completed, and data from independent studies needs to be collected. Questions that need to be answered include: . How often does street and yard flooding occur? . When does the street and yard flooding occur? . How long does the street and/or yard stay flooded? . How many residents are affected? . Are basements flooding? . Is there properly damage? · What is the magnitude of the problem to the residents? . What solutions do the residents propose? Regarding the proposed streets, were the residents ever asked: . How bad are your streets? . 2 .. . . Do you want sidewalks? What kind? . How wide do want you want the streets? Residents (especially on Ingerson Avenue) are ~ concerned about traffic volume and speed: . How much would wider streets affect traffic speed and volume? . How does this affect the safety of the neighborhood children and adults. . What traffic control measures have been considered? (Stop signs, speed bumps, etc) . How would the closure of Hamline north of Ingerson affect traffic? Residents would be more than willing to help provide answers to some of these questions, if the City would bother to ask. . 4. Alternative solutions to the water problems Being an engineer myself, there is a saying "When you're holding a hammer, everything looks like a nail." My point being that if you're a road construction engineer, your first solution to any water problem is probably 'build a new road with storm sewer.' I have no doubt that the proposed project would eliminate the street flooding, and it may very well be the 'best' solution. But at what price? Have other alternative solutions to the water problems been proposed? By whom? Several alternatives were proposed by various residents at the neighborhood meeting. Have these alternatives been considered? What does Rice Creek Watershed say about the proposal? Has this body or other agencies (DNR, Minnesota Pollution Control, etc.) been allowed to investigate the problems and suggest plans? For rougWy a third of the project areal, it appears the drainage plan is essentially unchanged. All the water drains into the Fernwood Ct. ditch and into Lake Josephine. The proposed 'improvements' to the ditch to improve water quality could still be done without any street or sewer work. 5. Blind application of 'City Standards' With regards to the street design, it appears that the 'City Standards' have been applied without adequate consideration for the existing surroundings or the neighborhood's concerns. The plan appears to be "you get 32' width and curb 'n gutter, like it or not." Standards are a good idea when appropriately applied, but every situation has it's own unique requirements. Street standards make perfect sense in new subdivisions: "all new streets will be 32' with curb and gutter." However, for reconstruction in existing neighborhoods, the benefits offollowing 'standards' must be weighed against the drawbacks. My questions are: . Why widen the streets from 28' to 32'? Very few residents park on-street during the day and on-street parking is illegal overnight. School buses and garbage trucks are able to navigate the existing streets. Studies have shown that a wider street will only encourage people to drive faster. . 1. <all of Carlton Dr., all of Fernwood St, and the Eastern 1/3 ofIngreson Dr., Fernwood Ct., and Ingerson Ct.) 3 . . Are curb and gutter really needed on all of HamIine? Much of the road is already several feet above the surrounding terrain, and all of the west-side of the street is . open with ditches. 6. A 'Cadillac-sized' solution to a 'Volkswagen-sized' problem . In my opinion, the streets under consideration for reconstruction are not in 'bad' shape (except for the North part of Hamline and Cannon Ave.) . Carlton Dr. was resurfaced in 1991and is in good condition. It was NOT included in the study's PCI weighted average of 55, but is still scheduled for reconstruction. It seems to have been included in the project to either a) share the pain, and/or b) 'get a 2-for-lpricing deal.' Thank you for considering the delay of the 2000 Street Improvement Project for the Hamline/Ingerson/Cannon/Carlton/Fernwood neighborhood at this time. Once further information pertaining to the residents concerns is obtained, action based on that information could be taken. Only then will the City and the neighborhood residents be satisfied that this is the plan which is right for all involved. Kind regards, QJ2~ Jack Lindb~ . . 4 . CITY OF ARDEN HILLS 2000 STREET RECONSTRUCTION FACT SHEET Included are a few facts pertaining to street reconstruction that may answer some of the questions you may have. Boulevard Refers to the lawn area between the back of the curb or edge of the pavement and the property line. Usually extends 12' to 14' behind curb or road edge. . Concrete Curb and Gutter Give the roadway a maintenance edge. Protect the Bituminous Pavement at the edges. Protect the boulevard from snow plows and traffic. Keeps boulevards from eroding. Channels storm water runoff. Storm Sewer Directs storm water runoff to treatment ponds. Prevents street flooding by piping the storm water runoff underneath the road. Subdrains are installed beneath the road surface to prevent subbase washout and frost heaves. Ponds Treat storm water runoff. Settle Particulates and Pollutants. Skim floating debris. Control runoff rates into receiving waters. (Local drainage flows to Lake Josephine or Lake Johanna) Sodding Residential boulevards and yards will be resodded in areas disturbed by construction. Sod is warrantied to 30 days after installation. Residents are strongly encouraged to water new sod frequently. . Bituminous Pavement Designed for a 20 year pavement life... Generally 4 inches thick on an 8 to 12-inch gravel base and a 12-inch sand baSe. Typically sealcoated within 2 to 3 years after initial installation and every 7 to 10 years thereafter. . Driveways Concrete driveway aprons will be installed to the same width of the existing driveway. (10 feet minimum, 22 feet maximum) The aprons are 5 feet deep and 7 inches thick and installed within 2 days of concrete curb installation. Driveways will be rebuilt in areas disturbed with the same material removed. (example: concrete, bituminous, pavers, etc.) Driveway pavement will be neatly sawcut at the removal limits. (typically a joint in concrete and wherever necessary in bituminous) Driveways will typically not be removed past the road right of way Signs and Mailboxes Signs and mailboxes that conform to standards will be replaced. (non conforming mailboxes are the residents responsibility to replace) Landscaping and Irrigation Within the Right of Way The right of way is typically 14 feet behind the curb or 30 feet from the centerline of the roadway. Trees, Shrubs, Irrigation systems and lawn decoration within the right of way are the resident's responsibility to remove and replace if necessitated by roadway reconstruction. (Typically very few landscaping/tree impacts occur in projects) Anything disturbed by the project outside of the right of way will be replaced by the City at no cost to the resident. Sequence of Work Removals Storm Sewer Installation Road Base Curb and Gutter/Driveway Aprons Pavement Base Course Landscaping Pavement Wear Course . 2 to 3 weeks 1 to 2 weeks 1 to 2 weeks 1 to 2 weeks 1 to 2 days/street 1 to 2 weeks 1 to 2 days/street (Note: Many of the above tasks will occur simultaneously. Typically Arden Hills requires the contractor to have the pavement base course installed within 24 days of removing the existing pavement. Street access for the residents will be maintained . throughout construction. Residents may be unable to access driveways for a period of up to 5 days to allow concrete curbs and aprons to cure, during this time residents would be allowed to park in the street. Special access accommodations can be made for residents with disabilities.) . . f .. . . . f/~&~~--~~~ January 10, 2000 READ AND SUBMITTED AT THE JANUARY 10, 2000 PUBLIC MEETING Honorable Mayor and Members of the City Council City of Arden Hills 4384 West Round Lake Road Arden Hills, MN 55112-5794 Re: 2000 Street Improvement Project for Ingerson Road/Ingerson CourVFernwood CourVFernwood A ve./Hamline A ve./Carlton Ave. and Cannon Ave. Honorable Mayor and Members of the City Council: The purpose of this letter is to advise the Council that the residents of the above reference neighborhood object to the current proposed roadway plans developed by the Council. The residents further object to the proposed special assessments on the grounds that the basis for these proposed assessments do not meet the requirements ofM.S.A. chapter 429. We, the residents, have assimilated a great deal ofrelevant information that we will present to the Council at the ,January 10,2000 Public Meeting. We anticipate that tonight's meeting will be extremely lengthy. Because tonight's meeting is a public meeting, we assume that the Council will listen to all of our statements. As stated above, the residents will present relevant information on numerous topics. The information is too voluminous to incorporate into this letter. The information, however, provides the basis for our viewpoint and objections to the Council's proposed plans. All information presented at the January 10, 2000 meeting is incorporated into this letter to the Council by reference. For all of the reasons orally stated, and incorporated into this letter by reference, we believe the Council's current proposed project plans will cause irreversible damage to the environment and/or aesthetic look of the neighborhood; are not economically sound; and are not effective and, therefore, are not warranted. The residents hope that the Council will meet with and listen to the residents and look at alternative methods to achieve objectives. We will also be presenting a Request for Motion to postpone discussions about this project as well as all other future roadway projects until certain issues are addressed in writing by the Council and/or the staff of Arden Hills. So as not to inundate the Council with reams of copies of documents, we have limited the amount of documentation we intend to provide to the Council. However, if the Council wishes to receive copies of any of the reterence material, we ask that the Council contact Linda Swanson, 651/484-4433 who will ensure that the Council receives the requested material. , . . . , . c City of Arden Hills' Mayor and City Council January 10, 2000 Page 2 In essence, we are asking that the Council delay any further work on this roadway project until the Council as well as the residents are more informed on numerous matters. We also ask the Council to let the residcnts have a voice in matters affecting their neighborhood and livelihood. We do want to express our thanks and appreciation for your time and patience on this matter. We realize that the process can at times be long and tiresome. However, both of our goals should be improving policies to make people's lives better. Sincerely, The Residents of Ingerson Road/Ingerson Court/Fernwood Ave./Fernwood Court/Hamline A ve./Cannon Ave. and Carlton . NOTES ON SUMP PUMP INSPECTION; I. Arden Hills has been trying for over 20 years to encoumge the voluntaIy compliance with sump pump regulations.this has been the only partially successful. Some Villagers apparently feel that it is better to pay for the excess water flowing into the sanitaIy sewer than to put up with the inconveniences of complying. 2. Enforced sump pump regulation compliance produces problems that are known to some conununities and unrecoguized by other communities. Commonly, during freeze thaw cycles in the outlet freezes over rcgardless of how it is installed. This results in no water being pumped from around tlle basement, or a bumed-{lut sump pump. 3. When this happens, residents have only one option, to become a scoff-law and install a temporary bypass. Sometimes this bypass becomes a permanent bypass. I have seen tltis scenario probably 100 times. 4. At least one community has solved this dilemma by offering winter variances that allow temporary bypasses to the sanitaIy sewer. Illegal connections were reduced. 5. Can the Arden Hills council solve this problem, so that the residents are not forced into an illegal situation to protect their houses? Robert L. Wouldburn 1220 Ingerson Court (not a sump pump owner) . I I. I ) . LOCAL lMPROVEMENI'S., SPEClAJ, ASSESSMENTS 429.011 CHAPTER 429 "'LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS Definitions. Local improvements, council power!>. Preliminary plans. hearings. Improvements. petition. Appeal from determination of legaliLY of petition. Coul1I;il procedure. Apportionment of cost. 429.06] 429.071 As~ssmel1t procedure. Supplemef1lal a~sessments: reassessmenl. AppeaJ to disuict coon. Financing. Servicecl\arges. a special assessmenl against benefited property. Chaner provisions. e1fect. 429.081 429.091 429.101 429.11] i ~:... :. .on DEFINITIONS. >;J ,:'Subdivision I. Application. For the purpose of this chapter the terms defined in this 'section shall have the meanings ascribed to them. , . ,"''Subd. 2. Municipality. "Municipality" means any city of the second, third, or founh c1.;ss however organized, or any statutory city or any town as defined in section 368.0 I. 1.1, Subd. 2a. Municipality. "Municipality" also includes a county in the case of construc- : 'lion. reconstruction or improvement of a county state-aid highway or county highway as de- e lined in section 160.02 including curbs and gUllers and storm sewers and includes a county .- ~xercising its powers and duties under section 444.075. subdivision 1. Subd. 2b. Municipality. "Municipality" also includes any town not having the powers -: grimted herein pursuant to any other law in the case of construction. reconstruction or im- provement of a town road including curbs and gutters and storm sewers and in the case of . those improvements designated in section 429.021. subdivision l. clauses (I). (2), (4). (5), ,(6), (7), (8), and (10). e. Subd. 3. Council. "Council" means the body of the city having general legislative pow- ers, the town b!@'d of the town, or the county board of a county. Subd. 4. Clerk. "Clerk" means the chief clerical officer of the municipality. . .... Subd. 5. Improvement. "Improvement'. means any type of improvement made under '~uthority granted by section 429.021, and in the case of a county is limited to the construc- .~~n,reconstruction,. or improvement of a county state-aid highway or county highway in- f:\uding curbs and gullers and storm sewers. .n: "Subd. 6. Newspaper. "Newspaper" means the official newspaper of the municipality, ',muthere is no official newspaper, a legal newspaper of general circulation in the municipali- ty. . XL;, Subd. 7. Street. "Street" means any street, alley, or other public way, or any part tbereof. I!:. . Subd. 8. Utilities commission. "Utilities commission" means the municipal board or tommission. other than the council. which exercises any authority or control over the opera- ,~on of any municipally owned public utility. Subd. 9. Pedestrian skyway system. "Pedestrian skyway system" means any systemof . providing for pedestrian traffic circulation. mechanical or otherwise. elevated above ground, jVithin and without the public right of way. and through or above private propeny and build- ~. and includes overpasses, bridges, passageway's, walkways, concourses, hallways, cor- . dors, arcades, courts, plazas, elevators. escalators. heated canopies. and accesses and all tures, furniture, equipment. facilities, services. and appurtenances which in the judgment of the council will enhance the movement. safety, security. convenience and enjoyment of ~strians and benefit the city and adjoining propenies. Subd. 10. Underground pedestrian concourse. "Underground pedestrian concourse" means any system of providing for pedestrian traffic circulation. mechanical or otherwise. ,below ground. within and without the public right of way, and through or below private prop- erty, and includes tunnels, passageways. walkways. concourses. hallways, corridors, ar- CllOOs, plazas. elevators, escalators, heated canopies. and accesses and all fixtures. furniture, equIpment, facilities. and appurtenances which in the judgment of the council will enhance . . . ..$29.011 LOCAL L\1PROVEMENfS. SPECIAL ASSESSl\ffi."'ITS 62S the movement, safety. security, convenience and enjoyment of pedestrians and benefit the city and adjoining properties. Subd. I I. Special lighting system. "Special lighting system'" means lights or light dis- plays of any type located within or without the public right of way. Subd. 12. Acquire. "Acquire'" includes, but is not limited to, the obtaining by purchase, condemnation, or leasing rights or interests in the areas above or below the surface of the ground of real property or structures or improvements thereon. Subd. 13. Public mall, plaza, or courtyard. "Public mall. plaza. or courtyard'" means any wholly or partly opened or enclosed public area adjacent to or attached to a wall, fence, commercial structure, hotel, or any other building and designed as a place for passive recre- ation, public entertainment, exhibition and education, ot a pedestrian walk. Subd. 14. Fire protection system. "Fire protection system'" means pipes. standpipes, sprinklers, control systems and other devices and equipment installed in or outside a building for the primary purpose of eliminating or reducing the spread offire in the building or provid- ing for safe evacuation of the building, whether the devices and equipment are publicly or privately owned. Subd. 15. Highway sound barriers. "Highway sound barriers" means sound abate- ment walls erected along highways to reduce noise levels attributable to vehicular traffic. Subd. 16. On-site water contaminant improvements. "On-site water contaminant improvemc;nts" means pipes, wells, and other devices and equipment installed in or outside a building for the primary purpose of eliminating water contamination caused by lead or other toxic or health threatening substances in the water, whether the improvements so ins~alled are publicly or pri vatel y owned. History: 1953 c 398 s /; 1961 c 338 s 1; 1969 c 741 s 1-3; 1971 c 617 s 1-4; 1973 c 123 art 5 s 7; /973 c 636 s 1; 1973 c 702 s 22; 1974 c 233 s 1; 1976 c 147 s 1; 1978 c 634 s 1.2; /979 c 330 s /; /983 c 9 s 1; /984 c 478 s 1; 1984 c 591 s 1; 1986 c 315 s 1; 1987c/38s /; /988c 564 .I' 1; 1994c6/4s5 429.02 [Repealed. 1953 c 398 s J3 subd I] 429.021 LOCAL IMPROVEMENTS, COUNCIL POWERS. Subdivision I. Improvements authorized. The council of a municipality shall have power to make thej<J!lowing improvements: (1) To acquire, open, and widen any street, and to improve the same by constructing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parki?g strips of any material. or by grading, graveling, oiling, or otherv./ise improving the same,In- c1uding the beautification thereof and including storm sewers or other street drainage and connections from sewer, water, or similar mains to curb lines. (2) To acquire, develop, construct, reconstruct. extend. and maintain storm and sanitary sewers and systems. including oUllets. holding areas and ponds. treatment plants, pumps, lift stations, setvice connections, and other appurtenances of asewer system, within and without the corporalc limits. (3) To construct, reconstruct, extend, and maintain steam heating mains. (4) To install. replace. extend, and maintain street lights and street lighting systems and special lighting systems. (5) To acquire, improve, construct, reconstruct, extend. and maintain water works sys- tems. including mains, valves, hydrants, service connections, wells, pumps. reservOlrs. tanks, treatment plants, and other appurtenances of a waterworks system. within and without the corporate limits. (6) To acquire, improve and equip parks. open space areas, playgrounds, and recreation- al facilities within or without the corporate limits. (7) To plan.t trees on streets and provide for their trimming, care., and removal. ~ (8) To abate nuisances and to drain swamps, marshes. and ponds on public or private property and to ftll the same. (9) To construct, reconstruct, extend, and maintain dikes and other flood control wades. 629 (10) To construct. recons (II) To acquire. construe promote a pedestrian skyway' suant to section .+19.031. sub<. (12) To acquire. construe ground pedestrian concourses (13) To acquire, construe lic malls, plazas or courtyard' (14) To construct. recon' (15) To construct. recon; tion systems in existing buildi division 3. (16) To acquire. constru. sound barriers. (17) To improve. eonstn tion facilities owned by a mlJ Subd. 2. Combiningim' more types of improvement i cluded in one proceeding an, Subd. 3. Relation to ch provement is defrayed by spe be followed unless the counci ter does not prescribe the pr< ments financed without the l If the council detennim such provisions shall be dee ments inform property owne to appeal the assessments to the provisions of sections 43 established pursuant thereto Charter provisions shal make any improvement, it sl of the work done by day labc one year after the adoption, time limit is specifically sta History: /953 c 398 s s 2; 1974 c3/4 s 1; 1976c c548 .4; 1984 c 582 s 3; 1 429.03 [Repealed, 1953 c 3 429.031 PRELIMINARY Subdivision I. Prepst 'awards a contract for an imp ity may assess any portion agreement with the state or improvement. the council s' ing two publications in the n general nature of the impro' .The two publications must the second publication. Not also be mailed to the owner to give mailed notice or any purpose of giving mailed r. . COunty auditor or, in any co - .the records of ,he county tr .lights or light dis- .y. he obtaining by purchase, below the surface of the laza. Of courtyard" means ~ attached to a wall, fence, ., a place for passive recr.e- trian walk. " . means pipes. standpipeS, \ led in or outside a building 'e in the building or provid- equipment are puhticly or Tiers" means sound,abate- utable to vehicular traffic. In-slte water contaminant :lent installed in or outside a [ion caused by lead or other improvements so installed 3: 197/ c 61/ s 1-4: 1973 /: /976 c /4/51: 1978 c .59] 5 /: /986 c 3/5 5/: ~S. of nicipality shall have ve the same bv constructing, '. curbs. and ,:ehide parking wise impro,,'ing the same, In- ~ or other street drainage and d maintain stonn and sanitary ,.treatment plants. pumps, lift 'cr system. within and without n heating mains. md street lightlOg systems and lod maintain water works sys- lns, wells. pumps, rese~OIrs, Irks system. within and wlthout 5, playgrounds. and recreation~ ling. care. and remo\'al. and ponds on public or pri vate s and other \load control works. . 629 I.()CAL IMPROVEMENTS. SPECIAL MiSESSMENTS 429.031 (\ 0) To construct, reconstruct, extend. and maintain retaining walls and area walls. (II) To acquire, construct, reconstruct. improve, alter. extend, operate, maintain. and promote a pedestrian skyway system. Such improvement may be made upon a petition pur- suant to section 429.031, subdivision 3. (12) To a<;:quire, construct, reconstruct. extend. operate. maintain. and promote under- ground pedestrian concourses. (13) To acquire, construct, improve, alter. extend. operate. mainrain. and promote pub- lic malls. plazas or courtyards. (14) To construct, reconstruct. extend, and maintain district heating systems. (15) To construct. reconstruct, alter. extend, operate, maintain, and promote fire protec- tion systems in existing buildings. but only upon a petition pursuant to section 429.031, sub- division 3. (16) To acquire, construct, reconstruct. improve, alter, extend, and maintain highway sound barriers. (17) To i~prove, construct, reconstruct, extend. and maintain gas and electric distribu- tion facilities owned by a municipal gas or electric utility. Subd. 2. Co~!tining improvements. An improvement on two or more streets or two or more types of improvement in or on the same street or streets or different streets may be in- clud~?~ <:ne_proceeding and conducted as one improvement. . Subd. 3. Relation to charter and other laws. When any ponion of the cost of an im- provement is defrayed by special assessments. the procedure prescribed in this chapter shall be followed unless the council determines to proceed under charter provisions; but this chap- ter does not prescribe the procedure to be followed by a municipality in making improve- ments financed without the use of special assessments. If the council detennines to proceed under charter provisions for special assessments. such provisions shall be'deemed to include a requirement that notices of proposed assess- ments inform propeny owners of the procedures they must follow under the charter in order to appeal the assessments to district court. The notices shall also inform property owners of the provisions of sections 435.193 to 435.195 and the existence of any deferment procedure established pursuant thereto in the municipality. Chaner provisions shall also be deemed to require that when the council determines to make any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by day labor or otherwise as may be authorized by tbe charter. no later than one year after the adoption of the resolution ordering such improvement, unless a different time limit is specifically stated in the resolution ordering the improvement. . History: ]953 cJ98 5 2: ]965 c 877 51: ]97] c 6]755: ]973 c 20] 5 ]: ]974 c 233 s2:]974cJ/45]: /976c/9551: ]978c5]85]: ]979c33052: ]981 c33455: /984 c 548 s 4: ]984 c 58253: 1984 c 59] 52; ]984 c 633 s 2: ]987 c 13852: /997 c 2]9 5 5 429.03 [Repealed. 1953 c 398 s 13 subd 11 429,031 PRELIMINARY PLANS, HEARINGS. Subdivision l. Preparation of plans. notice of hearing. (a) Before the municipality awards a contract for an improvement or orders it made by day labor, or before the municipal- ity may assess any portion of ttIe cost of an improvement to be made under a cooperative agreement with the state or another political subdivision for sharing the cost of making the ~mprovement. the council shall hold a l'ublic hearing on the proposed improvement follow- mgtwo puhlications in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement. the estimated cost. and the area proposed to be assessed. The two publications must be a week apart. and the hearing must be at least three days after the second publication. Not less than ten days before the hearing. notice of the hearing must also be mailed to the owner of each parcel within the area proposed to be assessed. but failure to give mailed notice or any defects in the notice does not invalidate the proceedings. For the purpose of giving mailed notice, owners are those shown as owners on the records of the county auditor or. in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer; but other appropriate records may be used for this pur- ~ WI ~.;a ~';~ ;J?J ..,~-~ j~{ ~~. sri ~ ~ f~ ~ U: ~i:~ ""-y, ~';:~ ~ ~ ~ :!:i ;O~~, 429.03] LOCAL IMPROVEMEJ'l.JS. SPECIAL ASSESSMENTS . pose, For properties that are tax ex.empt or subject to taxation on a gross earnings basis and are not .listed on the reco~ds of the county auditor or the county treasurer. the owners may be ascertamed by any practicable means, and mailed notice must be given them as provided in this subdivision. (b) Before the. adoptio~ of a resolution ordering the improvement. the council shall se- ~~re from .th~ city engineer or some other competent person of its selection a repon advising It m a prelImmary way as to whether the proposed improvement is necessary, cost-effective and feasible and as to whether it should best be made as proposed or in connection with som~ other improvement. The repon must also include the estimated cost of the improvement as recommended, No error or omission in the repon invalidates the proceeding unless it materi- ally preju<!ices the interests of an owner. . (c) !fthe report is not prepared by an employee of a municipality, the compensation for preparing the report under this subdivision must be based on the following factors: (I) the time and labor required; (2) the experience and knowledge of the preparer; (3) the complexity and novelty of the problems involved; and (4) the extent of the responsibilities assumed. (d) The compensation must not be based primarily on a percentage of the estir.lated cost of the improvement. . . (e) The council may also take other steps prior to the hearing, including, among other thmgs, the preparation of plans and specifications and the advertisement for bids that will in its judgment provide helpful information in determining the desirability and feasibility of the Improvement. . .~pcl (f) The hearing may be adjourned from time to time. and a resolution ordering the im- provement may be adopted at any time within six months afterthe date ofthe hearing by vote of a majority of all members of the council when the improvement has been petitioned for by the owners of not less than 35 percent in froptage of the real property abutting on the streets named in the petition as the location of the improvement. When there has been no such peti- tion. the resolution may be adopted only by vote of four-fifths of all members of the council; provided that if the mayor of the municipality is a member of the council but has no \"ote or votes only in case of a tie, the mayor is not deemed to be a member for [he purpose of deter- mining a four-fifths majority vote. (g) The resolution or.dering the iIl1provement may reduce, but not increase. the extent of the improvement as stated in the notice of hearing. Subd. 2. Approval by park board or utilities commission. A resolution ordering a park improvement may be adopted only by a four-fifths vote of the couucil and shall also be approved by the park board, ifthere is one; provided. that if the mayor of the municipality is a member of the council but has no vote or votes only in case of a tie, the mayor shall not be deemed to be a member for the purpose of determining such four-fifths majority vote. A res- olution ordering an improvement of the water, sewer, stearn heating, street lighting or other facility over which a utilities commission has jurisdiction shall also be approved by [he utili. ties commission. Subd. 3. Petition by all owners. Whenever all owners of real property abutting upon any street named as the location of any improvement shall petition the council to constrUct the improvement and to assess the entire cost against theirpropeny, the council may. without a public hearing. adopt a resolution determining such fact and ordering the improvement. The validity of the resolution shall not be questioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adop- tion of the resolution as provided in section 429.036, Nothing herein prevents any propertY owner from questioning the amount or validity of the special assessment against the owner's property pursuant to section 429.081.ln the case of a petition for the municipality to own and install a fire protection system. a pedestrian skyway system, or on-site water contaminant improvements. the petition must contain or be accompanied by an undertaking satisfactory to the city by the petitioner that the petitioner will grant the municipality the necessary pro~ erty interest in the building to permit the city to enter upon the property and the building to construct. maintain. and operate the tire protection system, pedestrian skyway system. or . 630 631 on-site water contaminant impr privately owned fire protection s vately owned on-site water conI and specifications for the impro ment indicating whether the cit' provement. If the owner is contT<. not approve the petition until it h estimates contained in the petit' shall not exceed the amount of petition for the installation of a site water contammant improve: provementat any time after it ha' have been awarded for the const sion 2. If such a request is receivt case the petitioner shall reimbu connection with the improvemt History: 1953 c 398 s 3; . 771 s 1; 1965 c 877 s 2; 1967, 582 s4; 1984 c 591 s 3; 1984 ( 429.035 IMPROVEMENTS. When any petition for the city of the second. third, or fm assessments may be. in whole 0, the municipality, this body sh2 been signed by the required pe History: (1918-33) 192: an5 s 7 429.036 APPEAL FROM D Any person, being aggrie the county in which the prope within 30 days after the adopti, stating the grounds of appeal ar ipality shall be named as oblige that the appellant will duly pro be adjudged against the appelh the appellant a certified copy 0 the proper charges therefor. n tenn commencing more than :: and shall be tried as are other determination of the govemin :conclusive. History: (/918-34) /92 429.04 [Repealed, 1953 c 39f 429.041 COUNCIL PROCI Subdivision I. Plans an determines to make any impn order all or part of the work do later than one year after the at different time limit is specific council shall cause plans and, made, to be modified. if nece estimated cost exceeds $25.()( 10 a gross earnings basis " [reKe, the owners may ,e., them as Provided,' 'I vement. the council shaU' L~ selection a report advisin' IS n~ccssary, c.ost-effective, j or m connection with So cost of l,he improvement'its proceedmg unless it maten' ,pality, the compensatioi( . he following factors: and centage of the estimated CO ,.., ing, including. among oth'er tisement for bids that will in 'rability and feasibility of the' , l resolution ordering the un~' Ie date of the hearing by voie ,nthas been petitioned for by . 'perty abutting on the streei$ , there has been no such petii- f ail members of the council. 1e2cil but hasno vote~.' Ibwthe purpose of deter- JUt not increase, the extent of . i)-i'. '. ion. A resolution ordering a the council and shail also JJe nayor of the municipality is a a tie, the mayor shail not be r-fifths majority vote. A res' Jting, street lighting or other llso be approved by the utili- , . . real property abutting upon tion the council to constnlct. .rty, the council may, without i ordering the improvemenL xpayer or property owner or 'd within 30 days after a<lop- ,erein prevents any property .;essment against the owner's . the municipality to own and r on-site water contaminant , an undertaking satisfactory , icipality the necessary pro!>, property and the building to ,destrian skyway system, or . LOCAL IMI'ROVF.MENT~. SPECIAL ASSE."i..~M~"'TS 429.041 .on-site water co~.taminant ~rnprovements. ,In the case of a petiti(.m for the installation of.a . privately owned hr~ protectIon syst~m, a ~nvately owned pedes~r~an skyway sy~tem. or pn- wately owned ~m-slte wat~r contammant tmpro~ements. the ~elltl~m shall contam the plans . .and spec~fic~tlons for the tmp~ovement. the estm~ated cost of, the Improvemc~t an~ a st~te. . ~1Ilent indlcatI~g whethe~ the CIty o.r the owner Will co~tract for ~he C(lns1ruc11(lO ot.the Itn- . rovement. It the owner 1S contractmg for the constructIOn of the Improve~ent~ the city shall '~otapprove the petition until it has reviewed and approved the plans, speCifICatiOnS, andcosl "estimates contained in the petition. The construction cost financed under section 429.0~ I :sball not exceed the amount of the cost estimate contained in the petition. In the case ot a -petition for the installation of a fire protection system. a pedestrian skyway syste~, or ~n- .site water contaminant improvements, the petitioner may request abandonment of the Iffi- 'provementat any time after it has been ordered pursuant to subdivision ~ and before contr~c!s :have been awarded for the construction of the Improvement under sectIOn 429.041, SUbdIVI- 'sion2. If such a request is received, the city council shall abandon the proceedings but in such 'taSe the petitioner shall reimburse the city for any and all expenses incurred by the city in -Connection with the improvement. History: /953 c 398 5 3; /955 c 8/1 5 /; /957 c 430 5/; /96/ c 525 5/.2: /963 c 't:77/ 5/; 1965 c 877 s 2: /967 c 57 5/.2; /973 c /23 art 5 s 7: /984 c 548 s 5: /984 c )8254; /984 c 59/ 5 3; /984 c 633 s 3; /986 c 444; /994 c 6/4 s 6: /996 c402 s / 429.035 IMPROVEMENTS, PETITION, \\!hen any petition for the making of any improvement in any statutory city, town. or .t;:ity of the second. third, or fourth class. however organized, for the cost of which special assessments may be. in whole or in part. levied therefor. is presented to the governing body of the municipality. this body shall, by resolution. determine whether or not the petition has 'been signed by the required percentage of owners of property affected thereby. History: (/9/8-33) /927 c 31/ 5 1; /953 c 398 5/2; /96/ c 338 5 2; /973 c /23 .a11557 ~ "~~ ~'r ~ --. ..;., ...~> ., ~ 429.036 APPEAL FROM DETERMINATION OF LEGALITY OF PETITION. Any person. being aggrieved by this determination, may appeal to the district court of the county in which the property is located by serving upon the clerk of the municipality, . 'within 30 days after the adoption and publication of the resolution, a notice of appeal briefly . 'stating the grounds of appeal and giving a bond in the penal sum of$250. in which the munic- ipality shall be named as obligee, to be approved by the clerk of the municipality. conditioned thatthe appellant will duly prosecute the appeal, pay all costs and disbursements which may beadjudged against the appellant. and abide by the order of the court. The clerk shall furnish the appellant a certified copy of the petition. or any part thereof, on being paid by appellant of the proper charges therefor. The appeal shall be placed upon the calendar of the next general tenn commencing more than 30 days after the date of serving the notice and filing the bond .and shall be tried as are other appeals in such cases. Unless reversed upon the appeal. the .determination of the governing body as to the sufficiency of the petition shall be final and ~nclusi ve. History: (/9/8-34) /927 c 31/ 5 2: /986 c 444 429.04 [Repealed, 19530398 s 13] 429.041 COUNCIL PROCEDURE. Subdivision I. Plans and specifications. advertisement for bids. When the council detennines to make_'IJJY imorovement. it shall let the contract for all or part of the work. or order all or part of the workdoneby day labororotherwise as authorized by subdivision 2. no l~er than one year after the adoption of tJte resolution ordering such improvement. unless a different time limit is specifically stated in the resolution ordering the impro\"ement. The council shall cause plans and specifications of the improvement to be made. or if previously llIade, to be modified. if necessary, and to be approved and filed with the clerk. and if the estimated cost exceeds $25.000. shall advertise for bids for the improvement in the newspa- ~~ ~ ~ ~ ~ !t fl...... ::.;: '""t , ..... k' ~ ~ i>i: ,2 "l" 429.(4) LOCAL IMPROYEMEJ'liTS. SPECL-\L ASSESSME/"IITS . per and such other papers and for such length of time as it may deem advisable. If the esti. mated cost exceeds $100,000. publication shall be made no less than three weeks before the last day for submission of bids once in the newspaper and at least once in either a newspaper published in a city of the fIrst class or a trade paper. To be eligible as such a trade paper, a publication shall have all the qualifications of a legal newspaper except that instead of the requirement that it shall contam general and local news, such trade paper shall contain build- ing and construction news of interest to contractors in this state, among whom it shall have a general circulation. The advertisement shall specify the work to be done, shall state the time when the bids will be publicly opened for consideration by the council, which shall be not less than ten days after the first publication of the advertisement when the estimated cost is less than $100.000 and not les" than three weeks after such publication in other cases, and shall state that no bids will be considered unless sealed and med with the clerk and accompa- nied by a cash deposit, cashier's check, bid bond, or certified check payable to the clerk, for such percentage of the amount of the bid as the council may specify. In providing for the ad- vertisement for bids the council may direct that the bids shall be opened publicly by two or more designated officers or agents of the municipality and tabulated in advance of the meet- ingat which they are to be considered by the council. Nothing herein shall prevent the council from advertising separately for various portions of the work involved in an improvement, or from itself. supplying by such means as may be otherwise authorized by law, all or any parlof the materials. supplies. or equipment to be used in the improvement or from combining two or more improvements in a single set of plans and specifications or a single contract. Subd. 2. Contracts; day labor. In contracting for an improvement. the council shall require the execution of one or more written contracts and bonds, conditioned as required by law. The council shall award the contract to the lowest responsible bidder or it may reject all bids. If any bidder to whom a contmct is awarded fails to enter promptly into a written con- tract and to fumish the required bond. the defaulting bidder shall forfeit to the municipality the amount of the defaulter's cash deposit. cashier's check. bid bond, or certified check, and the council may thereupon award the contract to the next lowest responsible bidder. When it appears to the council that the cost of the entire work projected will be less than $25,000. or whenever no bid is submitted after proper advertisement orthe only bids submitted are high- er than the engineer's estimate, the council may advertise for new bids or, without advertis- ing for bids, directly purchase the materials for the work and do it by the employment of day labor or in any other manner the council considers proper. The council may have the work supervised by the city engineer or other qualified person but shall have the work supervised by a registered engineer if done by day labor and it appears to the council that the entire cost of all work and materials forthe improvement will be more than $10,000. In case of improper construction or unreasonable delay in the prosecution of the work by tbe contractor, the council may order and cause the suspension of the work at any time and relet the contract, or order a reconstruction of any portion of the work improperly done, and where the cost of completion or reconstroction necessary will be less than $25,000. the council may do it by the employment of day labor. Subd. 3. Day labor; detailed report. When the council has performed construction work by day labor. it shall cause a detailed report to be filed with the clerk and certified by the registered engineer or other person in charge. if there is no registered engineer. The report shall show: (a) the complete cost of the construction: (b) final quantities of the various units of work done; (c) materials furnished for the project and the cost of each item thereof; (d) cost of labor. cost of equipment hired. and supervisory costs. The report shall have attached a certificate by the registered engineer or other person in charge that the work was done according to the plans and specifications, or, if there were any deviations from them. an itemized statement of those deviations. Subd. 4. Alternate procedure on street improvements. As to any improvement or im- provements consisting of grading, graveling. or bituminous surfacing of streets and alleyS, the council may proceed in the manner provided in this chapter. except that it may ~ ~~, C'"" ", .' ;;J ''-'~ -. ~ :';-!I. .~ . 632 633 (I) order the work de ment or improvements. al (2) use municipal eq provements to be done b~ such advertisement to cal' not use its own equipmen council estimates will be (3) contract at one tiJ be constructed by the mu may thereafter be orde"" Subd. 5. Cooperatie under a cooperative agree which the state or other 51 it shall not be necessary , Subd.6.Percentagc perlorms the work, the c< pay the contractor not to < npon the estimate ofthe t contract shall so provide completed upon the recOJ be released as the goverr tained to protect the mum to pay any amount due an ly estimate or 90 days aft. pality to pay to the contra the monthly index of Ion. which this obligation is i be imposed with respect of breach of contract or Subd. 7. Modificat .meill undertaken pursua out advertising for bids, .work at the same unit pri original contract price. ( . ,the estimated number OJ History: 1953 c 3~ 1976 c156 s 1; 1977 c. 444; 1993 c 38 s 1,2 '429.05 [Repealed, 1953 :'~! .'429.051 APPORTlOr- "~' The C05t of any im[ 'lited by the improveme ~uts on the improveme ;from the county state, 'highway fund. The area assessed as stated in the , municipality may pay s< tiline from general ad v,. .~v8ilable for the purpos . 'Of the portion of the co, levying additional asse' tor the improvement. 0' '1"0 the extent that such a, 'J>y the improvement wh .'IIre not initially assessel deem advisable. If the OS' than three weeks before . t." either a newspa lb such a trade paper;a " except that instead of~ je paper shall contain build, among whom It shall havel{ be done, shan state the tirQi, counctl, which shall he not' e when the esllmaled costis . _ll~cation in other cases,atiQ" Nlth the clerk and acco~ eck payable. to the clerlqQl" :tfy. In proVldmg for the 8I!' : opened publicly by two or lted in advance of the m""l' em shall prevent the council lIved in an improvement, or: zed by law. all or anyparlQf lent or from combining two 15 or a single contract. 'ovement. the council shaII . . conditioned as required by Ie bidder or II may reject all lromptly into a written con. I forteitto the municipality ond. or certified check, and responsible bidder. When it vill be less than 525,000, or Jly bids submitted are high- w bids or, without advertis-. t bAemploymentofday 20~ may have the work iI have the ;;"ork supervised ~ council that the entire cost 1 0,000. In case of improper \.'ork by the contractor, the ne and relet the contract, or one, and where the cost of the council may do it by the 1 as performed construction he clerk and certified by the ,,[ered engineer. The report item thereof: costs. . engineer or other person in ."ations, or. if there were any , ~ w any improvement orim- ,'acing of streets and alleys, '. except that it may LOCAL IMPROVEMENTS. SI'EClAL A...\\SESSME.t'J.rs 429.851 II , (I) order the work done by day labor. regardless of the estimated cost of such improve- "lDent or improvements. and (2) use municipal equipment or hire equipment and purchase materials for all such im- provements to be done by day labor in any 12-month period by advertising once therefor. ", 'such advertisement to call for bids for the furnishing of equipment. if the municipality does not use its own equipment. and for materials at unit prices based on the quantities which the .council estimates will be required. (3) contract atone time on a unit price basis for part or all of the street improvements to be constrUcted by the municipality during the current year, including improvements which may thereafter be ordered constructed. Subd. 5. Cooperation with state or local government. When an improvement is made Under a cooperative agreement with the state or another political subdivision by the terms of which the state or other subdivision is to construct or contract to construct the improvement. it shall not be necessary to comply with subdivisions I and 2. Subd. 6. Percentage payment on engineer's estimate. In case the contractor properly performs the work, the council shall, from month to month before completion of the work, pay the contractor not to exceed 95 percent of the amount already earned under the contract, upon the estimate of the engineer or other competent person selected bv the council, and the contract shall so provide. and shall further agree that when the work is 95 percent or more completed upon the recommendation ofthe engineer such portions of the retained price shall be released as the governing body of the municipality determines are not required to be re- tained to protect the municipality's interest in satisfactory completion of the contracl. Failure to pay any amount due and payable underthe terms ofthe contract within 30 days of a month- ly estimate or90 day~afterthe final estimate of the amount earned shall obligate the munici- pality to pay to the contractor simple interest on the past due amount at an annual "ile equal to the monthly index oflong term United States bond yields forthe month prior to the month in which this obligation is incurred plus an additional one percent per annum. Interest shall not be imposed with respect to any amount which a municipality may legally withhold as aresult of breach of contract or other contractual claim or if the delay is caused by the contraCtor. Subd. 7. Modification of contracts. After work has been commenced on an improve- ment undertaken pursuant to a contract awarded on a unit price basis the council may. with- out advertising for bids, authorize changes in the contract so as to include additional units of :Work at the same unit price if the cost of the additional work does not exceed 25 percent of the original contract price. Original contract price means that figure determined by multiplying .the estimated number ofUnits required by the unit price. History: 1953 c 39it; 4; 1957 c 430 s 2.3; 1961 c 525 s 3.4; 1973 c 123 art 5s 7; 1976 c 156 s 1; 1977 c 278 s 1; 1978 c 518 s 2; 1980 c 464 s 8; 1985 c 174 s 3; 1986 c 444; 1993 c 38 s 1,2 429,05 [Repealed, 1953 c 398 s 13 subd I] 429.051 APPORTIONMENT OF COST. The cost of any improvement, or any part thereof, may be assessed upon property bene- fited by the improvement, Imsed upon the benefil5.E~eiyed. w_hether or not the oroverty .abuts on the improvement and whether or not any part of the cost of the improvement is paid trom the county state-aid highway fund, the municipal state-aid street fund, or the trUnk highway fund. The area assessed may be less than but may not exceed the area proposed to be ,assessed as stated in the notice of hearing on the improvement, except as provided below. The municipality may pay such portion of the cost of the improvement as the council may deter- mine from general ad valorem tax levies or from other revenues or funds of the municipality availahle for the purpose. The municipality may subsequently reimburse itselffor all or any of the portion of the cost of a water. storm sewer. or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement. on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabuttingproperties which may be served by the improvement when one or more later extensions or improvements are made but which are not initially assessed therefor, the municipality may also reimburse itselfby adding all or ; !., "'~ 1':' ;:l~ ~'~;~ 'i~ '..... ~.. I <l<: of!! ~ .~ .~14: ~~ ~ ~ i!.i i! , .-e.~ ---~ , . . 429.051 LOCAL IMPROVEMENTS. SPECIAL ASSESS1\IE~'TS any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements, provided that notice that such additional amount will be assessed is in- cluded in the notice of hearing on the making of such extensions or improvements. The addi- tional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original im- provement. In any city of the fourth class electing to proceed under a home rule charter as provided in this chapter, which charter provides for a board of water commissioners and authorizes such board to assess a water frontage tax to defray the cost of construction of water mains, such board may assess the tax based upon the benefits received and without regard to any charter lmutatlon on the amount that maybe assessed for each lineal foot of property abutting on the water main. The water frontage tax shall be imposed according to the procedure and, except as herein provided, subject to the limitations of the charter of the city. History: 1953 c398 s 5; 1955 c 842 s 1; 1957 c 40 s 1; 1959 c 490 s /; 196/ c 286 s J 429.06 [Repealed. 1953 c 398 s 13 subd 11 429.061 ASSESSMENT PROCEDURE. Subdivision 1. Calculation, notice. At any time after the expense incurred or to be in- curred in making an improvement shall be calculated under the direction of the council, the council shall detennine by resolution the amount of the total expense the municipallty will pay, other than the amount, ifany, which it will pay as a property owner. and the amountto be assessed. If a county proposes to assess within the boundaries of a city for a county state-aid highway or county highway, including curbs, gutters, and storm sewers, the resolution must include the portion of the cost proposed to be assessed within the city. The county shall for- ward the resolution to the city and it may not proceed with the assessment procedure nor may the county allocate any cost under this section for property within the city unless the city council adopts the resolution approving the assessment. Thereupon the clerk, with the assis- tance of the engineer or other qualified person selected by the council, shall calculate the proper amount to be specially assessed for the improvement against every assessable lot, piece or parcel of land, without regard to cash valuation, in accordance with the provisions of section 429.051. The proposed assessment roll shall be filed with the.clerk and be open to pubhc inspection. The clerk shall thereupon, under the council's direction, publish nouce that the council will meet to consider the proposed assessment. Such notice shall be pub- lished in the newspaper at least once and shall be mailed to the owner of each parcel described in the assessment roll. For tpe purpose of giving mailed notice under this subdi vision, owners shall be those shown to b~ such on the records of the county auditor or, in any county where tax statements are mailed by the county treasurer, on the records of the county treasurer. but other appropriate records may be used for this purpose. Such publication and mailing shall be no less than two weeks prior to such meeting of the council. Except as to the owners of tax exempt property or property taxes on a gross earnings basis, every property owner whose name does not appear on the records of the county auditor or the county treasurer shall be deemed to have waived such mailed notice unless the owner has requested in writing that the county auditor or county treasurer, as the case may be. include the name on the records for such purpose. Such notice shall state the date,J!!!le. and -place of such meeting, the general nature of the improvement. t~a propo,,~d tp be !:lli~~ssed, the to_tal amo..\!nt of the pr~posed assessment, that the proposed assessment roll is on the file with the clerk, and that wntten or oral obiections thereto bv any oroperty owner will be considered. The notice must also s~~e that no appeal may be taken as to the amount of any assessment adopted pursuant to subdiVi- sion 2, unless a written objection signed by the affected property owner is filed with the mu- nicipal clerk prior to the assessment hearing or E-Cesented to the pr~siding officer at the hear- ing, The notice shall also slate that an owner may appe~!2!D~J~essm~J)J to district court p~~ S~llQs~~c.tion429.081 by servi!,g.'!9.tice of the appeal. uJlon the mavororclerkofthe tnuntc- lpality within 30 daysafterThe adoOlion of the assessment and filing such notice ~Ith ~e dist~cl c_~~!.l wit~!~ ten d~s a(ter service~~_[~~.mavor or_cIerk.'(he notice sha,Il also 1:l1~ fonn property o~ of the provisions of sections 435,193 to 435.195 and the eXIStence of 634 635 anY deferment procedure establishec notice mailed to the owner must stat (1) the amount to be specially' land; (2) adoption by the council of , (3) the right of the property ov whom prepayment must be made; (4) whether partial prepaymen (5) the time within which prep' (6) the rate of interest to be acc time period. Subd. 2. Adoption; Interest. I shall hear and pass upon all objectic or in writing. The council may amer tion adopt the same as the special a' Notice of any adjournment of the h adjourned show the time and plac\ The council may consider an) specific parcel of land at an adjou' owner as it deems adVISable. At th hear further written or oral testimo sider further written or oral testim to the amount of the assessment. 1 ceedings at the adjourned hearing . The amount of the assessment as f adopted assessment roll. No appe' under this section unless written 0 the municipal clerk prior to the as hearing. All objections to the asse nerprescribed by this subdivisio hearing is due to a reasonable ca lfthe adopted assessment d' piece. or parcel of land, the cJerl adopted assessment. Ownersrm council in interest rates or prepay proposed assessment. The assessment, with accro erty included therein, from the with general taxes; butlhe lien si ,publicly owned, and during suc] pf such property only in the m' t ~iherwise provided in the resok ments extending over such pen' able on the first Monday in Janl uniform for all assessments inc . \ermining the number of install' located in a targeted neighborh ~ay be payable .in variable ano men!. The first mstallment of pItted after its adoption and sh ~ ~xcept that the payment of the . property may be deferred until ,!he construction of irnproveml 1":Ch standards and criteria as.. ments against the property hav any of such laterexteOS" to_ill be assessed.' o ovements. The n e properties as ' e making of the originJiI. )me. ru.le charter as p~~ nmlSSloners and auth~ p. onstruction of water i and without regard to ealfoot of propeny abu" Jrdmg to the procedure ter of the city. ". 959 c 490 s 1; 1961 c 2/1 'xpense incurred or to be' direction of the councU'-the pense the municipality ., . ;)wner, and the amount to be a city for a county state-ai se,:"ers. the resolution muSt. "CIty. The county shall fef e~sment ~rocedure nornUii' lhm the ctty unless the cilf Jon the clerk, with the ass . council, shall calculate tIie 5a~' very assessable 10 ja ith the provisio~'~ ,~h t. e clerk and be open'lP s dIrection, publish notiCe . Such notice shall be pu~ ner of each parcel descriheil jer this subdivision, ownerS itor or, in any county whete of the county treasurer, bUt". :ication and mailing shall be cept as to the owners of tax lery property owner whose . 1e county treasurer shall be ["equested in writing that the ~he name on me records for. I' such meeting, the gener.i1 ' otal amount of the proposed he clerk. and that written or I. The notice must also state dopted pursuant to subdivi- owner is fiied with the mu- lresiding officer at the hear- -;sment to district court pur- . nayoror clerk of the munic- filing such notice with the rk. The notice shall also in- 35.195 and the existence of . LOCAL IMPROVEMENTS. SPECIAL ASSFSSMENtS 429.061 anY deferment procedure established pursuant thereto in the municipality. In addition. the notice mailed to the owner must state in clear language the following information: (I) the amount to he specially assessed against that particular lot. piece. or parcel of land; . (2) adoption by the council of the proposed assessment may be taken at the hearing; (3) the right of the prop'erty owner to prepay the entire assessment and the person to whom prepayment must be made; (4) whether partial prepayment of the assessment has been authorized by ordinance; (5) the time within which prepayment may be made without the assessment of interest; and (6) the rate of interest to be accrued if the assessment is not prepaid within the required time period. - Subd. 2. Adoption; interest. At such meeting or at any adjournment thereofthe council shall hear and pass upon all objections to the proposed assessment. whether presented orally orin writing. The council may amend the proposed assessment as to any parcel and by resolu- tionadopt the same as the special assessment against the lands named in the assessment roll. Notice of any adlounl!TIent of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place when and where the hearing is to be continued. The counCil may consider any objection to the amount of a proposed assessment as to a specific parcel of land at an adjourned hearing upon further notice to the affected property owner as it deems advisable. At the adjourned hearing the councilor a committee of it may hear further written or oral testimony on behalf of the objecting property owner and may con- sider further written Of oral testimony from appropriate city officials and other witnesses as to the amount of the assessment. The councilor committee shall pre'pare a- record of the pro- ceedings at the adjourned hearing and written findings as to the amount of the assessment. The amount of the assessment as finally determined by the council shall become a part of the adopted assessment roll. No appeal may be taken as to the amount of any assessment adopted under this section uniess written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or oresented to the oresiding officer at the hearing. All oblections to the assessments not received at the assessment I}eanpg in the man- ner prescribed by this subdivision are waived, unless the failure to object at the assessment hearing is due to a reasonable cause.-- ------- - .-'-ff the adopted assessmentdTffers from the proposed assessment as to any particular lot, piece, or parcel of land. the clerk must mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the council in interest rates or prepayment requirements from those contained in the notice of the proposed assessment. The assessment. with accruing interest, shall be a lien upon all private and public prop- erty included therein. from the date of the resolution adopting the assessment, concurrent with general taxes; but the lien shall not be enforceable against public property as long as it is publicly owned. and during such period the assessment shall be recoverable from the owner of such property only in the manner and to the extent provided in section 435.t9. Unless otherwise provided in the resolution, all assessments shall be payable in equal annual install- ments extending over such period. not exceeding 30 years, as the resolution determines, pay. able on the Iirst Monday in January in each year, but the number of installments need not be uniform for all assessments included in a single assessment roll if a uniform criterion for de- tennining the number of installments is provided by the resolution. Assessments on property located in a targeted neighborhood as defined in Laws 1987. chapter 386. article 6, section 4, may be payable in variable annual installments if the resolution provides for a variable pay- ment. The first installment of each assessment shall be included in the first tax rolls com- pleted after its adoption and shall be payable in the same year as the taxes contained therein; except that the payment of the first installment of any assessment levied upon unimproved property may be deferred until adesignated future year. or until the platting ofthe property or the construction of improvements thereon, upon such terms and conditions and based upon such standards and criteria as may be provided by resolution of the council. If special assess- ments against the prop~rty have been deferred pursuant to this subdivision. the governmental >4- ~ -/l:j .~ l,..... :-1.- r'~ d,.' .;.Z ~';;"t '''.f I ~ e P! ~tt '!'t:'-. -.:-: '< ~ .t>- ., ;l-. ! ;~~ 429.06J LOCAL lMPRQYE.\-tENTS. SPEL'l.\.t A..,"H::SSMEl'IolS . unit shall file with the county recorder in the county in which the propeny is located acenifi. cate containing the legal description of [he affected property. and of the amount deferred. In any event, every assessment the payment of which is so deferred. when it becomes payable, shall be divided into a number of installment) such that the last installment thereof will be payable not more than 30 years alter the le\~ of the assessment. All assessments shall bear interest at such rate as the resolution determines. To [he fir)[ installment of each assessment shall be added interest on the entire assessment from a date specified in the resolution levying the assessment. not earlier than the date of the: resolution. until December 31 of the year in which the first installment is payable. and to each subsequent installment shall be added in- terest for one year on all unpaid installments: or alternatively, any assessment may be made payable in equal annual installments including principal and interest. each in the amount annually required to pay the principal over such period with interest at such rate as the resolu- tion determines, not exceeding the maximum period and rate specified above, In the latter event no prepayment shall be accepted under subdi\'ision 3 without payment of all install- ments due to and including December 31 orthe year of prepayment, together with the origi. nal principal amount reduced only by the amounts of principal included in such installments, L:omputed on an annual amortization basis. \\"hen payment of an assessment is deferred, as authorized in this subdivision. interest [hereon for the period of deferment may be made pay- able annually at the same times as the principal installments of the assessment would have been payable if not deferred; or interest for this period may be added to the principal amount of the assessment when it becomes payable: or. if so provided in the resolution levying the assessment, interest thereon to December 31 of the year before the first installment is payable may be forgiven. Subd. 3. Transmitted to auditor, prepa)'ment, After the adoption of the assessment, the clerk shall transmit a certified duplicate of the assessment roll with each installment, in- cluding interest. set forth separately to the county auditor of the county to be extended on the proper tax lists ofthe county; but in lieu of such certification. the council may in its discretion direct the clerk to file all assessment rolls in the clerk's office and to certify annually to the county auditor. on or before November 30 in each vear, the total amount of installments of and interest on assessments on each parcel of land in the municipality which are to become due in the following year. Ifany installment and imerest has not been so certified prior to the year when it is due, the clerk shall forthwith cenify the same to the county auditor forcollec- tion in the then succeeding year; and if the municipality has issued improvement warrants to linance the improvement. it shall payout of i{S general funds into the fund of the improve- ment interest on the then unpaid balanl:e of the assessment for the year or years during which the collection of such installment is postponed. All assessments and interest thereon shall be collected and paid over in the same manner as other municipal taxes. The owner of any prop- erty so assessed may, at any time prior to cenification of the assessment or the first install- ment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided. the owner may at any time prior to November t5 of any year. prepay to the treasurer of the municipality having levied said assessments, the who!e assessment remaining due with interest accrued to December 31 of the year in which smd prepayment is made. If the assessment roll is retained by the municipal clerk. the installment and interest in process of collection on the current tax list shall be paid to the county treasurer and the remaining principal balance of the assessment. if paid. shall be paid to the municipoo treasurer. The council may by ordinance authorize the partial prepayment of assessments, In such manner as the ordinance may provide. prior to certification of the assessment or the first installment thereof to the county auditor. Subd. 4. Collection, tax exempt property. On the conlirmation of any assessments the clerk. shall mail to the county auditor a notice specifying the amount payable by any county, to the clerk or recorder of any other political subdivision a notice specifying the amount pay- able by the political subdivision and to the ownerof any right-<)f-way, at its principai office in the state. a notice specifying the amount payable on account of any right-of-way. The amount payable on account of any right--{)f-way or public property shall be payable to the municipality's treasurer and shall be payable in like installments and with like interest and ,. j, -",. , ~ ;:~. , . 636 penalties as provided for in real property. except that int' this subdivision has been pr< body of any such political s' shool take appropriate action the municipal treasurer shall the property is publicly owr installment is due and shou levied the special assessmen right-<)f-way of any railroa, property in the manner pro\' suit brought to enforce the , lecting such amounts is pro, and the municipality. Subd. 5. Special asses, or special law to the contrar expenses incurred by the co improvement certified by L History: 1953 c 398.' s 1; 1961 c 525 s 5-7; 196 1; 1974 c 314 s 2; 1976 c, 1980 c 607 art 11 s 1.2; 1~ 315 s 2; 1986 c 444; 1986 342 s 8; 1993 c 375 art 5 s 429.07 [Repealed. 1953 c 429.071 SUPPLEMENT Subdivision I. Suppl sessments to correct omiss. of the improvement or any personal or mailed notice ment and a hearing as pro' Subd. 2. Reassessme court of competent jurisdic that the assessment or any attorney that the assessme; for any reason, the counci I inent, make a reassessmer ;, Subd. 3. Reapportio sPecial assessment has be' the council may. on appli, equitably apportion amon assessment against the tra( portionment will not mate; ment against the tract. The payment of improvement apportionment, to furnish any loss resulting from fa, Notice of such apportion served upon all owners of the notice of such apportic Subd. 4. Reassessm< turned to private ownersh. assessments were canceh provement may. upon not , property is located ace' dO.' e amount deferred:',' d,. It becomes paya;; I t ment thereof will t. All assessments shall ~ tallment of each assessmeQt fled in the resolution levyin December 31 of the Year' Istallment sball be added in" ny assessment may be IDa :nterest. each in the am . :"est at such rate as the reso .pecified above. In the.Ia' thout payment of all ins lent. together with the 0J;i' teluded in such instaume' :0 assessment is defe~ ~ leferment may be made'(1iI' . the assessment would hoX lded to the principal amount in the resolution levying !hi Ie first installment is payablE 'C( adoption of the assessIDe1Jl4 )11 with each installment, Inz' county to be extended on the council may in its discretion end to certify annually to tlie "I amount of installments of ipality which are to becoll1!i beeo certified prior to thO he y auditor for coli";; ed ovement warrantstli ,to the fund of the improve- ,e year or years during which, and interest thereon shall bt!. lxes. The owner of any prop: ;sessment or the first ins~ ment on such property, wittt ; urer, except that no interest , from the adoption thereof; priortoNovember 15 oiany' SaId assessments. the whole 31 of the year in which said: nicipal clerk, the installmenl e paid to the county treasurer. ,hall be paid to the municipal "epayment of assessments. iIl . of the assessment or the firs!: j 1ation of any assessments the .- lOUnt payable by any county; e specifying the amount pay: If-way, at its principal office nt of any right-{)f-way. The perty shall be payable to the liS and with like interest and , LOCAl. IMPROVEMENTS, SPECIAL A..'iSF...'iCiMIiNTS 429.071 ~alties as provided for in reference to the installments payable on account of assessable teal property. except that interest accruing shall not begin to run until the notice provided in this subdivision has been properly given and 30 days thereafter have elapsed. The governing bOdy of any such political subdivision shall provide for the payment of these amounts and shall take appropriate action to that end. [fthe assessment is not paid in a smgle installment. the munidpal treasurer shall annually mail to the owner of any right-of-way and. as long as the property is publicly owned, to the owner of any public property a notice stating that an installment is due and should be paid to the municipal treasurer of the municipality which levied the special assessment. The municipality may collect the amount due on account of the right-{)f-way of any railroad or privately owned pubiic utility by distress and sale of personal property in the manner provided by law in case of taxes levied upon personal property or by suit brought to enforce the collection of this indebtedness unless a different method of col- lecting such amounts is provided for by any contract between lhe ownerof any right-{)f-way ind the municipality. Subd. 5. Special assessments; administrative expenses. Notwithstanding any general or special law to the contrary, a municipality shall pay to the county auditor all administrative expenses incurred by the county under subdivision 3 for each special assessment of any local imProvement certified by the municipality to the county auditor. History: 19530398 s 6; 1955 c 811 s 2; /957 c5/0 s 2; 1957 c 699.\ /; /96/ c 77 sl; 1961 c 525 s 5-7; 1963 c 771 s 2--4; 1965 c 877 s 3; /969 c /045 s /; 1969 c 1095 s 1;1974c3/4 s2; /976c 195s2; 1976c324s /8; 1980 c509 s /64; /980c560s5; 1980 c 607 act 11 s 1,2; 1984 c 478 s 2; 1984 c 543 s 50; / Sp1985 c /6 act / d; /986 c 315 s 2; 1986 c 444; 1986 c 473 s 10.11; /987 c 344 s 3; 1987 c 386 act 6 s 2; /991 c 342 s 8; 1993 c 375 art 5 s 33; art 17 s 17 429.07 [Repealed. 1953 c 398 s 13] ->. -t '" .... :-:!;;; ~. 429.071 SUPPLEMENTAL ASSESSMENTS; REASSESSMENT. Subdivision I. Supplemental assessments. The council may make supplemental as- sessments to correct omissions. errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular. A supplemental assessment shall be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assess- ment and a hearing as provided for the original assessment. Subd. 2. Reassessment. When an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels ofland, or in event thecoun~il finds that the assessment or any part thereof is excessive or determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the council may, upon notice and hearing as provided for the original assess- ment, make a reassessment or a new assessment as to such parcel or parcels. Subd. 3. Reapportionment upon land division. When a tract of land against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the council may. on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if ir determines that such ap- portionment will not materially impair collection of the unpaid balance of the original assess- ment against the tract. The council may. and if the special assessment has been pledged to the payment of improvement warrants shall, require the owner or owners, as a condition of such apportionment, to furnish a satisfactory surety bond fully protecting the municipality against any loss resulting from failure to pay any part of the reapportionment assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. Within 30 days after the mailing or service of the notice of such apportionment any such owner may appeal as provided in section 429.081. Subd. 4. Reassessment, tax-forfeited land. When a parcel of tax-forfeited land is re- tumed to private ownership and the parcel is benefited by an improvement for which special assessments were canceled because of the forfeiture. the municipality that made the im- provement may, upon notice and hearing as provided for the original assessment make a re- -, " " t ~ !1' i" r: . " , 1 ~ f' { A 429.071 LOCAL lMPROVEMENTS, SPECJAL ASSESSMENTS assessment or a new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessmenl. History: 1953 c 398 s 7: 1957 c 366 s I: 1961 c 525 s 8: 1965 c 877 s 4: 1976 c 259 . .,1 429.08 [Repealed, 1953 c 398 s 13 subd I] 429.081 APPEAL TO DISTRICT COURT. Within 30 days after the adoption of the assessment. any person aggrieved, who is not precluded by failure to object prior to or ar the assessment hearing, or whose failure to so object is due to a reasonable cause, may appeal to the district court by serving a notice upon the mayor or clerk of the municipality. The notice shall be filed with the court administrator ofthe district court within ten days after its service. The municipal clerk shall furnish appel- lant a certified copy of objections filed in the assessment proceedings, the assessment roll or part complained of, and all papers necessary to present the appeal. The appeal shall be placed upon the caiendar of the next general term commencing more than five days after the date of serving the notice and shall be tried as other appeals in such cases. The court shall either af- firm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail upon the appeal. the costs incurred shall be taxed by the court and judgment entered therefor. All objections to the assessment shall be deemed waived unless presented on such appeal. This section provides the exclusive method of ap- peal from a special assessment levied pursuant to this chapter. History: 1953 c 398 s 8; 1961 c 525 s 9; 1978 c 749 s 2: 1980 c 607 art 11 s 3: ISpl986 c 3 art J s 82 429.09 [Repealed. 1953 c 398 s 13 ] 429.091 FINANCING. Subdivision 1. Authority. At any time after one or more improvements are ordered as. contemplated in section 429.031. the council may issue obligations in such amount as it deems necessary to defray in whole or in part the expense incurred and estimated to be in- curred in making the improvement or improvements. including every item of cost of the kinds authorizedin section 475.65. In the event of any omission, error, or mistake in any of the proceedings required precedent to the ordering of any improvement, the validity of the obligations shall not be affected thereby. The council shall cause all further actions and pro- ceedings to be taken with due diligence that are required for the construction of each im- provement financed wholly or partly from the proceeds of obligations issued hereunder. and for the tlnal and valid levy of special assessments and the appropriation of any other funds needed to pay the obligations and interest thereon when due. Subd. 2. Types or obligations permitted. The council may by resolution adopted prior to the sale of obligations pledge the full faith, credit. and taxing power of the municipality for the payment of the principai and interest. Such obligations shall be called improvement bonds and the council shall pay the principal and interest out of any fund of the municipality when the amount credited to the specified fund is insufficient for the purpose and shall each year levy a sufticient amount to take care of accumulated or anticipated deficiencies, which levy shall not be subject to any statutory or chaner tax limitation. Obligations for the pay- ment of which the full faith and credit of the municipality is not pledged shall be called as. sessment revenue notes or. in the ca<.;e of bonds for fire protection. revenue bonds and shall contain a promise to pay solely out of the proper special fund or funds pledged to their pay- ment.1t shall be the duty of the municipal treasurer to pay maturing principal and interest on warrants or revenue bonds out of funds on hand in the proper funds and not otherwise. Subd. 3. Metbod of issuance, All obligations shall be issued in accordance with the provisions of chapter 475. except as provided in this subdivision. An election shall be required for bonds iness than 20 percent of the cost ofthe improve- ment to the municipality is to be assessed against benefited property. If the full faith. credit. and taxing powerofthe municipality is not pledged and the bonds are issued to finance a tire protection system. a public sale shall not be required and the ob-- ligations may . 63& 639 (a) mature at any time useful life of the asset, whicl terns and essential commUDl ment of Agriculture; (b) mature in the amo" (c) be sold at a price eql (d) bear interest at the as agreed by the purchaser: rate or cost or of the amoun The maturities shall be pated collections of assessr cost; except that the counc bonds maturing and subject shall state upon their face th The amount of any obligati( indebtedness of any munic; ness. Subd. 4. Funds. The collections of special asse" ment to be fInanced wholl construction fund which sh payment of principal and in of all costs of the improven~ ing therein may be used to I tuted pursuant to this chapte to record expenditures for { all subsequent collections ( iled and paid into the debt Sl as provided in section 475 obligations shall be credite Subd.5. Temporary; ment bonds, the council ma luring within not more than of one or more improvemer improvement bonds cannO! other funds appropriated f( ment bonds or additional t sale in advance of their ma provement bonds shall not . bonds for more than six ye improvement bonds shall h , ings, all rights respecting tl i to pay the cost of the impro hnprovernentbonds,excep of the temporary improver full at maturity, the holder temporary improvement b subject to any other maturi. by law. Subd. 6. Investment vested in its temporary in 1l8A.04, and may be purc funds which the council del ty date. and shall be resold debt service fund securing ~ amount remai~~ ~7.1976 c 25; ~grieved, who is not whose failure to so 'rving a notice upon court administrator shall furnish appel' e assessment roll at 'peal shall be piaced .ays after the date of :ourt shall either af- in section 429.071, urred shall be taxed ent shall be deemed Isive method of ap- ,07 arlll s 3; lents are ordered as- 1 such amount as it estimated to be in- item of cost of the 'r ae in any of :. th idity of the 1er actions and pro. :uction of each im- ,ued hereunder. and ; of any other funds ution adopted prior he municipality for ailed improvement of the municipality pose and shall each Jeficiencies. which sations for the pay- j shall be called as- me bonds and shall ledged to their pay- :ipal and interest on 1 not otherwise. ccordance with the ;ostofthe improve- ,dged and the bonds equired and the ob- 639 LOCAL IMPROVFMENl'S, SPECL\L AS."'iESSMf<:Nl'S ~29.091 (a) mature at any time or times within 30 years from date of issue~ or 40 years or the useful life of the asset, whichever is less, for municipal water and waste water treatment sys- tems and essential conununity facilities financed or guaranteed by the United States Depart- ment of Agriculture; (b) mature in the amount or amounts. (c) be sold at a price equal to the percentage of their par value. plus accrucd interest. and (d) bear interest at the rate or rates, as agreed by the purchaser and the municipality, notwithstanding any limitation of interest rate or cost or of the amounts of annual maturities contained in any other law. The maturities shall be such as in-the opinion of the council arc warranted by the antici- pated collections of assessments and ad valorem levies for the municipality's share of the cost; except that the council may in its discretion issue and-sell temporary improvement bonds maturing and subject to further conditions as set forth in subdivision 5. All obligations shall state upon their face the purpose of the issue and the fund from which they are payable. The amount of any obligations issued hereunder shall not be included in determining the net indebtedness of any municipality under the provisions of any law limiting such indebted- ness. Subd. 4. Funds. The proceeds from the sale of each issue of obligations and from collections of special assessments levied and other moneys appropriated for each improve. ment to be financed wholly or partly from such proceeds shall be credited to a separate construction fund which shall be used solely to defray expenses of such improvements and payment of principal and interest due upon the obligations prior to completion and payment of all costs of the improvements so financed. Any balance of the proceeds of bonds remain- ing therein may be used to pay the cost, in whole or in part. of any other improvement insti- tuted pursuant to this chapter. A separate account shall be maintained in the construction fund to record expenditures for each improvement. and when the total cost thereof has been paid all subsequent collections of special assessments levied for the improvement shall be cred- ited and paid into the debt service fund for the obligations issued to finance the improvement, as provided in section 475.61. Any taxes levied for improvements financed by an issue of obligations shall be credited directly to the debt service fund. Subd. 5. Temporary improvement bonds. In anticipation of the issuance of improve- ment bonds, the council may by resolution issue and sell temporary improvement bonds ma- turing within not more than three years from their date of issue to pay any part or all of the cost of one or more improvements. To the extent that the principal of and interest on the temporary improvement bonds cannot be paid when due from receipts of special assessments. taxes, or other funds appropriated for the purpose, they shall be paid from the proceeds of improve- ment bonds or additional temporary improvement bonds which the council shall offer for sale in advance of their maturity but the indebtedness funded by an issue of temporary im- provement bonds shall not be extended by the issue of additional temporary improvement bonds for more than six years from the date of the first issue. The holders of any temporary improvement bonds shall have and may enforce, by mandamus or other appropriate proceed- ings, all rights respecting the levy and collection of sufficient special assessments and taxes to pay the cost of the improvements financed by them which are granted by law to holders of improvement bonds, except the right to require the levies to be collected prior to the maturity of the temporary improvement bonds. If any temporary improvement bonds are not paid in full at maturity, the holders may require the issuance in exchange for them, at par, of new temporary improvement bonds maturing within one year from their date of issue (but not subject to any other maturity limitation), and bearing interest at the maximum rate permitted bylaw. Subd. 6. Investment of other municipal funds. Funds of a municipality may be in- vested in its temporary improvement bonds in accordance with the provisions of section 118A.04, and may be purchased upon their initial issue. but shall be purchased only from funds which the council determines will not be required for other purposes before the maturi- ty date. and shall be resold before maturity only in case of emergency. If purchased from a debt service fund securing other bonds. the holders of those bonds may enforce the munici- . . 429.091 I.OCAL IMPROVEMENTS.. SPECIAL ASSFSS1\.1ENTS pality's obligations on the temporary improvement bonds in the same manner as if they held the temporary improvement bonds. Subd. 7. General obligation temporary improvement bonds. The council may by resolution adopted prior to the sale of any temporary improvement bonds pledge the full faith, credit, and taxing power ofthe municipality for the payment of the principal and inter- est. in addition to all provisions made for their security in subdivision 5. In this event the bonds shall be designated as general obligation temporary improvement bonds. and the council shall levy taxes for their payment in accordance with section 475.61. Proceeds of improvement bonds or temporary improvement bonds not yet sold may be treated as pledged revenues, in reduction of the tax otherwise required by section 475.61 to be levied priorto delivery of the obligations. Subd. 7a. Revolving fund bonds. The council may by resolution establish a revolving fund for the payment of the costs of any improvement or any waterworks systems, sewersys- terns, or storm sewer systems described in section 444.075 and for the payment of any obtiga: lions issued to pay the costs thereof or to refund obligations issued for those purposes. The council may create within the revolving fund a separate construction account into which the municipality may deposit the proceeds of any obligations payable from the fund, the pro- ceeds of any special assessments collected with respect to any improvement. any net reve- nues of a waterworks, sewer system. or storm sewer system described in section 444.075 or any other available funds of the municipality appropriated to it. Amounts on deposit in the construction account may be used to pay the costs of any improvement or any waterworks, sewer system, or stann sewer system described in section 444.075. No funds may be ex- pended for an improvement unless at least 20 percent of the costs of each such improvement is to be assessed against benelited property. No funds may be expended for a waterworks, sewer system, or storm sewer system, other than a sewer system described in section 115.46, unless the council estimates that the costs will be recovered from the net revenues of the sys- tem or any combined waterworks. sewer systems. or storm sewer systems operated by the municipality, The council may also create a separate debt service account within the revolv~ ing fund for the payment of principal of and interest on any obligations payable therefrom. Notwithstanding subdivision 4, the council is not required to pledge any particular assesS- ments or other revenues to the payment of the obligations. Collections of special assessments or net revenues may be deposited in either the construction account or the debt service ac- countas the council or an officer desi gnated by the council may detennine. having due regard for anticipated collections of special assessments and net revenues from improvements or waterworks, sewer systems, or stonn sewer systems financed in whole or in pmt from the construction account. and taxes levied for the payment of the obligations. The council may issue obligations that are payable primarily from the debt service account for the purpose.of providing funds to defray in whole or in part any expenses incurred or estimated to be 10- curred in making the improvement or improvements or in constructing the waterworks, sew. er system. or storm sewer system, including every item of cost of the kinds authorized.by section 475.65, or to refund obligations previously issued under this section or section 115.46 or 444.075. The obligations may be general obligations to which the full faith and credit of the municipality are pledged. If the special assessments to be levied and net reve- nuesestimated to be available fortheirpayment are estimated to be at least 20 percent of the principal amount of the obligations. the obligations may be issued without an election an~ shall not be included in determining the net indebtedness of the municipality under the proVI- sions of any law limiting net indebtedness. Subd. 8. Federal Volume Umitation Act. Sections 474A.01 t0474A.21 apply to any issuance of obligations under this section which are subject to hmitation under a federal Vol~ ume Limitation Act as defined in section 474A.02, subdivision 9. or existing federal tax law as defined in section 474A.02. subdivision K. History: 1953 c 398 s 9: 1955 c 8/1.\ 3--5: 1957 c 385.\ I: 1965 c 877 s 5; 1976 c 324s19-21: 1981 cJ71 s 1-4: 1984(' 548s6; 1984 c 582 s 5,6.23: 1984c591 s4,5: 1984 c 633 s 4: ISI' I 985 c 14 ar/8 s 63: 1986 c 465 or/I s 3: 1987 c 344 .\' 4.5; 1992 c 545ar/2.\4: 1996c297" I: 1996c399an2.\ 12 429.IOIRepealed. 1953 c 398 s 13J 64(} 429.101 SERVICE CHARG FITED PROPERTY. Subdivision I. Ordinance ter, the goveming body of any n charges for all or any part of th (a) snow, ice, or rubbish r. (b) weed elimination fron (c) removal or eliminatior eluding any structure included (d) installation or repair 0 of streets, (e) the trimming and care (f) the treatment and reme> repair of sidewalks and alleys. (g) the operation of a stre (h) the operation and ma, as a special assessment a adopt regulations consistent" the option of the council, pro owner or occupant to do the ".. : dust treatment, alley repair, tre ing system) upon notice befor owner or other person served ( cia! assessment. Subd. 2. Procedure for; I shall be payable in a single council may provide. With th ply to assessments made und Subd. 3. Issuance of ob .ubdivision I has been let, C defray the expense of any SUl . sessments imposed upon ben to such obligations with the. (1) Such obligations sha (2) The amount of such, the cost of such work during (3) A separate improve referred to in subdivision I , \vell as special assessments . . History: 1953 c 398 .I 337 s 1; 1974 c 340 s 1,2: 1 '5; 1986 C 444 429.1I [Repealed, 1953 c 3' 429.11I CHARTER PRO Any city operating une der its charter in makin~ ;ldopted after April 17, 195: , er the charter exclusive I History: 1953 c 398 s 29.12-429.18 [Repealed. 29.185 [Repealed, 1949 c . LOCAL IMPROVF..MENI'S. SPECIAL ASSE&.~ 429.111 ,n6onds. The council may' rn~ment bonds pledge the ~ paymem of the principal and in in subdivision 5. In this event lfary improvement bonds, and e with section 475.61. Proceeds It yet sold may be treated as pledg section 475.61 to be levied priori 429.101 SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST BENE- FffED PROPERTY. Subdivision I. Ordinances. In addition to any other method authorized by law or char- . ter, the governing body of any municipality may provide for the collection of unpaid special charges for all or any part of the cost of (a) snow, ice. or rubbish removal from sidewalks. (b) weed elimination from streets or private property, (cj removal or elimination of public health or safety hazards from private property. ex- cluding any structure included under the provisions of sections 463.15 to 463.26. (d) installation or repair of water service lines. street sprinkling or other dust treatment ofstreets, (e) the trimming and care of trees and the removal of unsound trees from any street, (I) the treatment and removal of insect infested or diseased trees on private property, the e @pair of sidewalks and alleys, . (g) the operation of a street lighting system. or (h) the operation and maintenance of a fire protection or a pedestrian skyway system, as a special assessment against the property benefited. The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council. provisions for placing primary responsibility upon the property . owner or occupant to do the work personally(except in the case of street sprinkling or other ';. dust treatment, alley repair. tree trimming. care, and removal or the operation of a street light- . ing system) upon notice before the work is undertaken. and for collection from the property ( owner or other person served of the charges when due before unpaid charges are made a spe- ~ cia! assessment. ~ Subd. 2. Procedure for assessment. Any special assessment levied under subdivision ',.i,shall be payable in a single installment, or by up to ten equal annual installments as the council may provide. With this exception, sections 429.061. 429.071, and 429.081 shall ap- ply to assessments made under this section. ] Subd. 3. Issuance of obligations. After a contract for any of the work enumerated in ,ubdivision I has been let, or the work commenced, the council may issue obligations to defray the expense of any such work financed in whole or in part by special charges and as- ~sments imposed upon benefited property under this section. Section 429.09t shall apply .to such obligations with the following modifications: (1) Such obligations shall be payable not more than two years from the date of issuance; i' (2) The amount of such obligations issued at one time in a municipality shall not exceed ~ cost of such work during the ensuing six. months as estimated by the council; :' (3) A separate improvement fund shall be set up for each of the enumerated services referred to in subdivision I and financed under this section. Proceeds of special charges as ~ll as special assessments and taxes shall be credited to such improvement fund. ., History: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c '337 s 1; 1974 0340 s 1.2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s .. 1986 c 444 9.II [Repealed, 1953 c 398 s l3] .Ill CHARTER PROVISIONS, EFFECT. Niy city operating under a honte rule charter may proceed either under this chapter or r Its charter in making an improvement unless a home rule charter or amendment ~pted after April!7. 1953, provides for making such improvement under this chapter or er the charter exclusively. History: 1953 c 398 s II; 1955 c 811 s 7; 1976 c 44 s 39 ~.12429.18 [Repealed, 1953 c 398 s 13] 29.185 [Repealed, 1949 c 314 s 3] by resolution establish a revol . my waterworks systems, sewers . 5 and for the payment of any obij ions issued for those purposes::: construction account into which' >TIS payable from the fund, llie' ,. to any improvement. any net ~ tern described in section 444.075. ted to it. Amounts on deposit in . lY improvement or any waterwo .. :ion 444.075. No funds may be e . the costs of each such improvemeiil nay be expended for a waterwor system described in section 1I5.4~ red from the net revenues of the syS!: orm sewer systems operated by ihe. :11 service account within the revolt1 any obligations payable there 'fed to pledge any particular assed!' s. Collections of special assessme ' _ti.ount or the debt service ' ;;1 etermine. having due regard net revenues from improvements~ot, nanced in whole or in part from the of the obligations. The council mij' bt service account for the purpose of. :nses incurred or estimated to be im ; n construe tine: the waterworks, seWf 11 of cost of the kinds authorized by ssued under this section or sectiOll" 'ligations to which the full faith and sessments to be levied and net revei mated to be at least 20 percent of thl! "y be issued without an election and s ofthe municipality under the provii 'ns 474A.Ol to 474A.2l apply to 'ject to limitation under a federal Yo1 livision 9. or existing federal lax la~ . c 385 s I; 1965 c 877 s 5; 1976c c 582 s 5.6.23; 1984 c 591 s 4,5; f ml s 3: 19870344" 4.5; 1992C . ;1 :1 . . . January 10. 2000 7:30 PM Where: City Hall Council Chambers 4364 West Round lake Rd. Arden Hills, MN, 55112 IMPORTANT (NO. VERY IMPORTANT) Issue: Neighborhood vs. Arden Hills mayor/city council on proposed road construction for Ingerson Rd., Ingerson Ct., Hamline Ave. Fernwood Ct.. Carlton, and Cannon Rd. Effect: Widening of all roads, installed curbs and gutters, removal of trees, increased traffic and speed, loss of property value, loss of yard space (approx. 7-8 ft.), more loss of yard if sidewalks are installed, major street assessments billed to you the resident, loss of good visual appearance, other hidden agenda the mayor and city council have planned for our neighborhood. Summary This meeting is our last chance to postpone the spring of 2000 road construction. We need you and your family to: 1) Attend the meeting on 1-10-2000 at 7: 30 PM, see attached sheet for directions 2) Write a letter to the mayor and city council requesting that all road construction be postponed for a minimum of one year until residence has had reasonable and fair time to research all options and to validate the accuracy of the city reports. 3) Copy (cc)Jim Cox at 1287 Ingerson Rd., Arden Hills, MN, 55112 on drafted letters and I will photo copy every submitted IEller copy to all surrounding residence so that everyone may keep a unified file on our group effort. 4) The pen is mightier than the sword. 5) But most important of all, please attend the meeting. You are important. . ~ '" . < . .~ .~ ~ o ~ "'.,. k "-"0 ....';JO(]ll;~ Dr' C!l.HW .;:: ~ <:( i~ ,~ " ....~ : "" 1. .1"" j"'~- . r '=,}i~~_ SL!Y.:.t.l 1_ j 1__.:__ , i I ..J.~ i..iL!1._S.t..NiW_. . :'" ....;:::-::;:::<::: :::::'<:11 ~ ." i ..-.._...L'T' '-: II: c1'l'i- ~ ~-' ,I I: .i-l::,i '!!; .m ~~;~I~.~!~: .. , I.,~'" "':t-.~"I f~'~' IL... '~--'I-'--- au;:;.si.fW.~ r , -~ -$ "1 ~ ..'t , . \}':..' ! _1\..> . " !96Il;:.., r , i I Meeting Place ..J I> '0" I .' --,~.. .:;.. ~oY:~: ~I---~~-k,,'!" ~ ~ ~ ...~.._.~ ',~ ......!. .:...:g: ~ .~ :~. ~ " C " '. ~- '.~ c1!<, ii . "rrr' , $I' i"iTI -~...-!a.--t--1 " ,J >':;'T" .~. ~~ :2 ~I . "I ,,' ~I =:1"' " ---T st SW 1s~__"__'_'__r'_'_'" I ] ...~__._.__..:...,.:~J;_~.D '"b --' '''',' I ~. oil" "" -:-,0. Q. ~. ~\ -<' ffi . . ' .. .. ~. '" <::'! 0' ~ .,,1 a ...l-~_ ~ T[...........T <:C......I... " ~ ~ co. 01 ~ Arden Hills ''-<W', '" '0 ~ ?o ._~ ..- 11,..... ..11- [N~C'?::- ;<$I0<;iJ '" : -1y~. en Q.. " .~L:/'J.!a.,.A',{'l_. -<:::.- > .:.t ~ ;; "- , \' -- " ~ ~ ~ , ., ~,.; " -\'j ~. 'I"'~.- .' , > ~ :;::- ~ '" .. ~ '" ......_.~CR.~F..:.w,.. "' " ~ 'i " ~ . 'Z \ !, i- p.d teo fO ,'__.__ L-r~' -.'~ .( .L..._ """,, E' .' G;J. . l:- CH~~i:"L Ij",! v.... \ ..~. ,.. ;:; . I... Ingerson Road /~:X~;~iig ..~~'..'.....~ I... ,E~9:ewa.t'ai'A"y'8' @] ... ..C.,R,..O,nw. '. 't1/.' ~'Zj...: - 'JJ,~tJJ, ,0 '~:'~~'" ~,~B ~i,,{~,,{ . !. ;D'" ." < . z 'at.~6!i,~(..~.~~ ".,. .. o " !~:. ~ ffi .~ 2. " "i: Omi "'C.<::I'O'1'~ Streets Plus Directions to Meeting The route has been h;ghJited for you r:"I'V"'Jhl <:11')/\11,' ""It-l ""C'Q"")~' ;"'1'0'31'00 JM.lo' ,.,. ~Ul-'I-'h...s All "'J"'~ ".~..,.."" " ~ -:..i.',C:, "\"'., '"' o ~ " . s, J.- ~ (.;-, ,'<1'.k~',~oJ j 1 ~ '.- ';' ~--- .CL "". 0- ..,..~".. ~ ~ ~ '" .0< €S,,lO ," . ,,\..\) ." <;0 ." . o j;" ~ G[-=,."..,'O:I" .ed....~ '?J:" '~ ,,0 .. . . . ""_n."'.__ i~ ."-.<1....., , . -'! ~ ".. d .. ;,,'1/1100 ~\I. ". '" ,tv ~... ,0 0' o~ .> 0' 0' ,~ ",0 ~'-j J! ~ ,Ir}fJiJ'-l? 0.5 15 "'''I'''' ! .!.I- f>d c&L:- Survey Questionnaire for Ingerson RoadlIngerson Conrt/HamlinelFernwood Court/Carlton/Cannon Road Residents erhe City of Arden Hills is considering reconstruction ofIngerson Road/Ingerson CourtlHamlinefFemwood Court/Carlton/Cannon Roads in the spring of2000. The City's proposal was presented at the November 30, 1999 informal meeting and will be addressed at the City's formal meeting on January 10,2000. . In order to provide the City Council with as much information as possible for the affected residents regarding the reconstruction, we are attempting to compile the desire of the residents to explore as many options as possible. The questions and responses will be distributed, gathered and tallied by block workers residing along the streets in questions and the results will be presented to the City Council. 1. Do you want Ingerson Road/Ingerson Court/HamlinefFemwood Court/Carlton/Cannon Roads reconstructed? Yes: No: (If No, only minimum repairs would be done.) Regardless of your answer to question I, please answer the following questions so if the roads are upgraded, it will reflect your wishes. 2. Desired width of road surface, curb to curb (current width is 28'): 26 feet 28 feet 30 feet Other 32 feet .3. Do you want curb and gutter installed: Yes: No: Curb design: Barrier curb & gutter (flat surface, similar to 450 angle, cannot be driven over without causing damage to vehicles): Surmountable curb & gutter (more flatten, similar to "V" shape; can be driven over without causing damage to vehicles): 4. Are you agreeable to loosing trees, shrubs and other plant life, at the homeowner's expense, to allow for the increase in roadway width? Yes: No: 5. Is the amount/volume of traffic in the neighborhood a concern to you? Yes: Please explain: No: 6. Is the speed of the traffic in the neighborhood a concern to you? Yes: Please explain: No: i 7. Do you want Hamline and Ingerson Road to become a highly traveled througn street? Yes: No: 8. Do you want on-street parking? Yes: No: If you said No to question 8, please answer the following questions anyway so if on-street parking is built it will . reflect your wishes. 9. If on-street parking is established should it be on the: North side: South side: I Both sides: t 10. Should on-street parking be allowed 24 hours a day? Yes: .1. Do you want a sidewalkltrailway built1 Yes: No: No: If you said No to question 11, please answer the following questions anyway so if a sidewalk/trailway is built it will reflect your wishes. 12. If a sidewalkltrailway is established should it be built on the boulevard, away from the roadway? Yes: No: 13. If a sidewalkltrailway is built upon the boulevard, should it be on the: North side: South side: Both side: 14. If a sidewalkltrailway is established should it be established on the side of the roadway pavement with painted demarcation lines? Yes: No: 15. If a sidewalkltrailway is established width of sidewalkltrailway: . 7' sidewalk, 6' boulevard: Yes: No: . 7' sidewalk against curb, no boulevard: Yes: No: . Other sidewalk width: . Other boulevard width: . Other suggestions: .16. Do you feel that only our neighborhood residents should be assessed for the construction of holding ponds that do not solely benefit the neighborhood? (The proposed ponds will filter water that runs into Lake Josephine and/or Lake Johanna thereby providing benefits to Lake residents and/or all City residents.) Yes: No: 17. Do you want holding ponds installed along Hamline? Yes:___ No: 18. Are you agreeable to the removal of trees, shrubs and other plant life on the west side of Ham line for purposes of building holding ponds? Yes: No: -- 19. Do you want Hamline Ave. pennanently closed north oflngerson Road? Yes: No: 20. Do you believe the City of Arden Hills Council members should listen to the concerns of the neighborhood when proposing major road reconstruction? Yes: No: General comments: Please provide your name and address: Name: Address: . l 2 ~., F~ t,~. i~.,: U ~-~~ 7 January 2000 R~,-. ..iCu D . Joe Lynch City Administrator City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55 112 I,,:.' 10 2'i'icu .)'~il\l _Uu C'TY OF }\"'I',,,,,,I I'w LS I ..11.-'._.." ".... Dear Mr. Lynch, This letter addresses the proposed street renewal "improvements" for the Ingerson RoadIFernwood Street/Carlton DrivelHamlin Avenue area of Arden Hills. My address is 3251 Femwood Street. My home is at the south end of the cul-de-sac off Ingerson Road. My lot, # 12, Block 4, Josephine Hills Addition, has a frontage of56.7 feet (actually less as the lot line is about 24 feet back from the edge ofthe pavement). On the east is a vacant lot, with a frontage of 48.3 ft, and then another house, both owned by Gerald Ouiment. Next to Ouiment, continuing north to Ingerson, is the property owned by Maryann Frey. West of my lot is property owned by the Lake Josephine Neighborhood Organization (frontage approximately 55 feet) and then city property to Ingerson (frontage on Femwood about 197 feet). Five or six years ago, the cul-de-sac was regraded, widened and resurfaced resulting in a smooth functioning street with efficient drainage. . My questions are: . I. Why must this street be renewed? As stated above, the street functions well and is in excellent condition, why must it be renewed? 2. Why must streets have curbs? Why are curbs necessary? Many of us prefer the "country look" of our curbless streets as established in Arden Hills. Further, curbs would hinder rather than assist snow removal in our cul-de-sac. Where will the snow be pushed if a curb is there? Currently, snow plows push the snow over onto my yard and the two adjacent empty lots. Curbs would prevent this. And if the process continues, how long would these curbs last, or would the snow plows last? Easier maintenance and a prevention of edge deterioration? Come now, highways do not have curbs and they withstand far more and heavier traffic than our small cul-de-sac with only two houses. So, why must we have curbs? 3. Why must streets be widened? Our neighborhood usually has only local traffic, with the possible exception ofIngerson Road. Ingerson Road is a residential street, but unfortunately it is a tempting shortcut between Snelling and Lexington Avenues. To widen even Ingerson Road would make it a more dangerous street than it is now. Let the roads in our neighborhood be as they are, don't compound and support unfavorable conditions. 4. Why must I, as listed in tbe estimated amount (line # 343023410023), be responsible for 155.2 feet offrontage and pay $6.984.00? -Is it the intention of whomever devised this list of costs that I must pay for frontages that I do not own? Cannot the city of Arden Hills pay for their own frontages? And, what . . . ..~. measurement should be used? The lot line (56.9 feet) or the actual length of street edge (42 feet)? Why must I be charged for what I do not have jurisdiction, or pay taxes on? 5. What is the real reason for this needless road repair? I have heard explanations and justifications given; non can I consider valid. :>> Drainage? How can new and costly holding ponds remove puddles two and three blocks away with land higher between the little temporary puddles and the ponds? How can curbs channel water more efficiently where water seldom collects, but may if curbs are installed? :>> Uniform street width? Street widths should vary as their function and use require. Why, then, must a little used street be widened when it has little traffic? Variety is far more interesting than uniformity. :>> Appearance? Yes, I agree, we have an attractive neighborhood and city and we want to preserve and improve them. However, curbs or no curbs do not make a neighborhood or city more attractive. Trees, flowers, property maintenance and orderliness, home design, AND city street cleaning will, but not curbs and the potential removal of existing mature trees, bushes and flowers. 6. Why is it so imperative that a decision must be made so quickly? And with so little input from the affected home owners? Two hundred years ago the United States was founded because of the lack of citizen representation. Has this basic government policy changed in Arden Hills? Yes, the cost of any assessment is met with opposition, however, this sudden need for curbs and wider streets strikes me as an unnecessary and excessive expenditure of money, effort and inconvenience with no positive results or improvement of our neighborhood environment. Finally, looking at the maps, hearing the reasons, and trying to justifY these needless "improvements", I wonder if those making these recommendations and commitments have ever really examined our neighborhood over time. Even the maps provided by the BRW engineers are incomplete and inaccurate. They do not depict what actually exists. Drainage problems seem to be overstated and are even located where possible puddles seldom exist. The residents of this area of Arden Hills deserve better service and consideration of their needs, desires, and safety by their elected city officials and decision makers! I will certainly attend the meeting on 10 January, as will my neighbors. Most sincerely, -J' ,-.-.... . ~. ...~-l?~_ ----- ----- Harold H. Alexander . ... .... 3251 Femwood Street Arden Hills, MN 55112 '. Ph: 651-481-9796 e-mail: maralex@maralex.com . . . .' ''''':,~4 ~ ::::""-1~ ,j:, fi .. ........"- 1143 Ingerson Road Arden HiIls, MN 55112 (651) 490-9612 R~r>'- t:Lit: ::::.0 January 9,2000 JAN 1 U 2000 City of Arden Hills Staff, .CITY OF ARDEf,J HILLS We were unhappy to hear about the proposed road reconstruction in our neighborhood (Ingerson Road) and wish to make our views and concems known to you. This is a large scale project and as such requires much more thought, research, planning and discussion. This process is moving much too fast and we think that when you consider all the facts you will agree that this project needs more thought and time to determine if it is even necessary and to assure that everyone's needs are considered and that any monies are prudently spent. KEY CONCERNS: .:. Widening and putting in a new road will increase the volume of traffic and the speed of that traffic on Ingerson, both of which are already too high. .:. Increased traffic and speed is a serious hazard for the many children who live and play on Ingerson, and also the many area residents who walk around the lake. .:. The roads do not seem to be in very bad condition nor require a total replacement. (Wasn't Ingerson given a rating of 90 in 1996?) .:. Wider streets, curbing, and loss of trees and landscaping will result in our neighborhood losing some of its charm and aesthetic appeal. .:. Although it was not definitely included as part of the project, we would also be against having sidewalks or a bike trail on our street. .:. Of the few homeowners who have water pooling in their front yard or street (for occasional, brief periods), all or most are opposed to the current proposal. .:. Construction oflarger, deeper holding ponds will be unattractive, necessitate the removal of trees and vegetation, damage wildlife habitat, and may be hazardous (proposed 10' depth). .:. No studies or figures were presented to show if or how much the runoff to the lakes would be improved by the project. .:. The City did not commit themselves to maintaining the holding ponds and ditch nor did they present a plan for doing so (nor were they sure about Rice Creek Watershed's role). Page 1 of 2 . . . .:. We question how the Lake Josephine Association's lake lot issue would be handled and whether you are free to drastically alter private property. .:. We wonder if increasing the amount of paved surlaces and the loss of trees and plantings may actually increase runoff. .:. Increased volume and speed of traffic, wider streets and smaller lots, the loss of trees and landscaping, and the presence of large holding ponds will most likely not increase the value of our homes and may actually lower them. .:. The cost is excessive and would be a hardship for many residents. (Also, since the main objective is runoff to Lake Johanna, it seems that our neighborhood should not be footing the bill.) .:. No options were presented even though there must be alternatives that would be less costly and destructive. .:. We are distressed that the City employees and council members appear to have little regard for the true desires and opinions of the residents. .:. The City gave us only a little over a month (and during the holidays) to gather information and have any input before the planned vote on January 10th. .:. We understand that the City's project engineer is paid by the hour and also a percentage of the project, thus encouraging the largest most elaborate project design feasible rather than the simplest and least destructive. (We also wonder if there may be a conflict of interest where the mayor is concerned,) In summary, we like the look and feel of our neighborhood as it is, and feel that the proposed project will be a detriment to our area and decrease our enjoyment of it. The City does not appear to have researched the issue thoroughly and did not present us with much pertinent information. It appears they are trying to rush this through and are not providing us with sufficient time to consider the possibilities or research things on our own. Some of the neighboring cities have found other alternatives for drainage and also a process which involves the residents and allows them time and opportunity to participate in the decision-making process. Based on the information available (and lacking) and the strong sentiment of the affected residents we are sure you must agree that this issue should be postponed for at least several months. Sincerely yours, Lynn and Andres Diaz Page 2 of 2 . . . . , ~'t,u Thomas F. Lynch 3220 No. Hamline Avenne Arden Hills, MN 55112-3729 RECEIVFD JAN 0 6 2000 January 5, 2000 CITY OF ARDEN HILLS Honorable Mayor and Members of the City Council City of Arden Hills 4384 West Round Lake Road Arden Hills, MN 55112-5794 Re: 2000 Street Improvement Project for Ingerson Road/Ingerson Court/Fernwood Court/Carlton Ave. and Cannon Ave. Honorable Mayor and Members of the City Council: I have been a resident of Arden Hills for 35 years, moving to 3210 North Hamline in 1965. During that 35 years, I have served on several committees and task forces for the City of Arden Hills. Eleven years on the Planning commission, the last two years as Chainnan of the Committee. I also served as Co-chair of the Lake Josephine Improvement Association. In 1981, I was able to obtain a lot split and built my present retirement home at 3220 North Hamline Avenue. Recently, as of August 30, 1999, I was appointed to serve the City of Arden Hills on the Surface Water Quality Task Force. I believe this shows my commitment to the City of Arden Hills. On November 30, 1999, I attended an informational meeting on a street improvement project in the Hamline/lngerson Road neighborhood. This proposed project came as a "bolt out of the blue." I had no idea while serving on the Surface Water Quality Task Force that the City Council had hired an engineer to study the street improvement in my neighborhood. Our Task Force had met several times, discussing surface run off. In all of our discussions, we never once thought of directing storm water from streets directly into a Lake, such as the City's engineer is now suggesting at Ingerson and Fernwood. Furthermore, curb and gutter is being planned for Hamline Avenue which now has ditches and culverts. Plus, all streets in the area would be widened, increasing more runoff from impervious surfaces. ., . . . \ Honorable Mayor and Members of the City Council January 5, 2000 Page 2 Widening of Hamline and Ingerson Road would produce a thoroughfare, without traffic signals between Hamline and Lexington. (A new speedway!) The project as proposed, a $2,243,200 project, is a costly blow to our neighborhood. At $45-$50 per lineal foot, assessments would average over $5,000 per lot. Many widow residents and senior citizens residents may have to move out of Arden Hills due to excess taxes (which also includes the $80 million school bond issue) with another $5,000 assessment being piled on. One hundred percent (100%) of my Hamline A venue Neighbors have signed a petition against this street improvement as presen18c:l... Lets slow down the project long enough to discuss its ramifications! Please let the residents have a voice after all, we are the ones who elected you. Sincerely, ~;7~ Thomas F. Lynch 32."2.= ND.\..Io.ml..,e A:-Je.. AYd;e.n HI/h, /I1h 5gll.z.. . -'---,- --~ .. . jl~--~ II I. I' ! ! I: J.ll.N 0 7 17 d3~ u ii, CiTY OF ARD: S j/'/lddtA; 71 2-C70J . 1111:=~' f/)' .// / / j/l il-VV ~.~ 11,113 (p. .!1J. fi~ dcdL U li~Iidh,~. 35//2.- J---79:1 il . '1 p: il:~' ~.~ ------Ij:.- ~iztd?i ~ ii~ u aJd4- ~JcYv shCll~ ..~~ ~~ j~~ 8tv " . II~~ ;a'~ 'I If' .' lie +oa; . flI ~ ~ ...4'l4e'.. chc:?h rM. ~ u _.._ __.:' t~/ 1:2 . 'A.L - .--,4-:' I" ~'. i.~ ~'CulICi7 ~ I~. ~/ ~CJ ~ 4/~ -.:..n.....l'~~ ~ c:!f 1f .dt~~ . ...--..--;.-----k -6- - +M - A A~( /f-.. 4- --rud ~A2// ~ i ;,' '_"_'_".___n i ~ i r -', ---... ...... -~.~~~. ",. -,"" ~ .- Rr::;" !\l1,=0 .. .. t_"'~'" "J...~ "-'- ------- p r:" ~ ~.' E'.. ..'~ . . J ~= ~ ll,,_b . I' I . ... ........- - j . I i i. .!i Ii -----!~~., ~=wJ--- ..__-~_---F.. .._ .-.~... . .... .. .~..~ _~17C(~;.,..~-&..-..--4. ,.",.-1.. A_ (J i-.A........ ---------JLLe-- - . .__ . ~.."~".~--. . iJ ~~ ~~-~..q _ . 10 Jk.au.-~ 1t -tk- OA.UL c:c~ --- .............---r~~:~~ ~-_.......... ---..-.-! -~g~'-die. no , ....... . .....~..-_=---.. 'I~" ___..._._.....L...-- ...... II "/II! l-.--7Y~. 55((-" ,I . ~/../ft7t.--'_ c-- e-.-- ... .........-4 ----- .....&zCI - k..3.. ~~~120 .-.... . ! P~'2- -----. ---.--. ".., ,-,_.'. ",' -.- ...,,_." i ; , . --, '~"-_.-.." .....,., --- ----~._,._- ",_.'-_. , 1 ' "'.-...-.--..._.'.....____1 ___,~""_,,,._V.__'.,. ......._.- j' ~.._~,--~.._-,,---- --"--~"'~ . !r--~------ ~-- ~-- -.-----.-.-----1=.. . ' --c--- I' .-''l:..- "'-':-':0" I';;".'~' FILE . JfJJ.J 1 0 20DG ] 164 Ingerson Road Arden Hills, MN 55112 January 9, 2000 CITY OF NFl:.,., /""LLS .".....L..i'; II Dennis Probst 3395 Lake Johanna Blvd. Arden Hills, MN 55112 Dear Mayor Probst: I am requesting that the proposed road construction in this area be postponed for at least a year. That might be a fair amount of time for residents in this area to detennine what options might be available to us. You have only granted us a little over one month in which to iuform ourselves. During the past month some people were gone to visit relatives and people have generally been unavailable over the holidays in many offices where we might have been able to learn more. . On the surface, it would seem that this project would impose undue hardship on many people like myself who are uow living ou fixed incomes of social security and small retirement amounts. I wonder why this improvement must be done at this time, and why the proposal goes way beyond what might reasonably be expected? Yesterday I walked these streets in question. It is obvious that the city has not maintained the section of HamIine Avenue which would be closed. The rest of the strrets seem in good enough condition for a delay of this project. How long have you planned to close that street? The holding pond suggested would seem to be in a place that would drain the wetlands adjacent to it. Where is the environmental study? As a member of Sierra Club, I intend to bring this to the Twin Cities Chapters. Arden Hills has long maintained a "rural" look and feel, with its many trees, open lands between housing areas, and neighborhood parks. Councils in the past and planning committees have tried to keep this precious aspect of our little city. I suspect that many others chose this area because of the natural beauty that abounds here. We must not destroy this forever! There are so many problematic areas in this proposal that t urge you to reconsider the project, postponing it until another year, making the environmental study called for-as it affects two lakes and another city, RoseviIle. Listen to Arden Hills residents who are alarmed and concerned about this project! Respectfully yours, ) I _ ~?~tL7~~ Kathleen E. Stedman cc Council members Office of the Sierra Club Twin Cities Chapters Jim Cox . F~LE ~ L. ...A- 9~- Y'(JYI- o &:Jc,f;>.I-<.~l December 20, 1999 . TO: City Council City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55112-5794 n:-,..... 1."':' V ~:. 1 1999 RE: Nov 30 Informational Meeting on 2000 Street Improvements rlT'-/ 'i.:. l ~ H!l I Q , ",-Lv' Although I agree on the need for improved drainage along Ingerson Road (a need that is especially pronounced in front of my own house), the expense of the project as proposed seems exorbitant. As the owner of property with some 300 feet of street frontage, not counting my share of the common property held by the Josephine Hills Association, I do not look forward to the bill I will be presented if the proposed plan is implemented. Financing this expense at 8.5% over a number of years does little to soften the financial blow. . Of far greater concern to me, however, is the proposal to widen Ingerson Road from the present 28 feet to 32 feet. Several people at the meeting feared that such a change would invite heavier through traffic along Ingerson between Lexington A venue and Hamline and Snelling A venues, a fear that seems well founded, and one the Council should seek everv means to alleviate. The argument for widening the street appears to be to provide a four-lane pavement - two lanes for parking and two for travel. Since overnight parking is now forbidden, and there is verv little daytime parking on the street, a wider pavement seems not only unnecessary but wholly undesirable. I urge the Council to consider maintaining the current 28 foot width, or better yet narrowing the street to 24 feet. If the ban on overnight parking is kept, and daytime parking allowed on only one side, a 24 foot pavement would be quite sufficient for the needs of the neigborhood, and would serve to discourage use ofIngerson by through traffic between the A venues. Incidentally, a narrower street would save dollars. Alternatively, a two-lane roadway with cut-outs for parking would meet the same concerns. I hope you will give careful consideration to these suggestions, and any others you receive for reducing the cost of the project and retaining the character of the neighborhood. Sincerely yours, ~C~ ,.., . Charles C. Torrey 1201 Ingerson Road Arden Hills, MN 55112 (\ 0E Tg t. . .:) 1-" (.' L " \ {..... 'U i r", ....- -......--...;;. I .,' f, f~ \ '-ci '-_j 10-, lZ E COMMENT FORM ArGA 11Jfj;~~ :RDE~~:d;~~~ L-;.'-w I<:U..,>~ NEIGHBORHOOD MEETING NOVEMBER 30, 1999 for the 2000 PAVEMENT MANAGEMENT PROGRAM INGERSON NEIGHBORHOOD RECONSTRUCTION PLEASE PROVIDE COMMENTS REGARDING THE PROPOSED IMPROVEMENTS BELOW: fVr (... Cf It-rr; X" R If/( 7 /..l,::- )~(, () / " f.f S; I<.U',( C. ;.in.'n. (, A.. l~vlJ " '"," , '. ~ I' 'j" ",' " I. ~ / I :.:, ! " ';, .v::.;/ /<..JZ/(".- ;1[ ~-f'.-.~-.~ , . i" ,.' L~~~ ~1(w.{t}.4\ ~ I f., 'I I 'J:L() i.Aj( Ii, C :::-:,102 ., ..", ", '.'~ DA-'-E5' U(TZ.. II Z/-I / ;J~f:-SO/..J }.::..l) t:U> ~,j;;,~1 ~ . // ,.-4f' ;) 4)j':{ij / f{"( . '\' ' , 'I -r-- i l "Wi} I . . Jr., '. /~'/ ..' C;;J...JLJ. !~,.. '-,..: v -, :,-. .~ ~h~,;I)?;0!/\" lj . ! . J t'Jt\,ME/ADD~~SIPHON!: .-" ;.,5,/,--.\,- ,{, '. ~ ,!~ - .f' ~ "L) r! 3d ~J/i 4 ,'.>C:~4 " I I tfJ/tr, I' U' '3)") ~~f>)'? '- III ( J p ft-). 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I I ~ 'I _' II i I : i U 01/07/00 FR1 11:39 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills I4i 001 ********************* $$$ TX REPORT $$$ ********************* II25 61242195II 01/07 II: 37 01'27 4 OK 01/07/00 FR1 12:35 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . CIty of Arden HIlls 1iiI001 ********************* ... TX REPORT ... ********************* 1126 6123701378 01107 12: 34 00'52 3 OK 01/07/00 FRI 12:37 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT . . CIty of Arden HIlls ~001 ********************* *** TX REPORT *** ********************* 1127 6461220 01/07 12:35 01'59 3 OK 01/07/00 FRI 12:38 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECT I ON ID ST. TIME USAGE T PGS, SENT RESULT . . City of Arden HIlls 141001 ********************* *** TX REPORT *** ********************* 1128 6286833 01107 12:37 00'44 2 OK 01/07/00 FRI 12:41 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT . . City of Arden Hills 141001 ********************* *** TX REPORT *** ********************* 1131 4810551 01107 12: 40 00'43 2 OK 01/07/00 FRI 12:42 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT . . CIty of Arden HIlls ~001 ********************* *** TX REPORT *** ********************* 1132 2279371 01/07 12:41 00'58 2 OK 01/07/00 FRI 12:47 FAX 6126337839 CIty of Arden Hills ~001 *************************** ... ERROR TX REPORT ... *************************** TX FUNCTION WAS NOT COMPLETED TX/RX NO 1129 CONNECTION TEL 6339550 CONNECTION ID ST. TIME 01107 12:47 USAGE T 00'00 PGS. SENT 0 RESULT NG #018 . . 01/07/00 FRI 13:14 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills ~001 ********************* *** TX REPORT *** ********************* 1134 6333846 01107 13:12 01'20 2 OK 01/07/00 FRI 13:15 FAX 6126337839 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . City of Arden Hills 1aJ001 ********************* *** TX REPORT *.. ********************* 1135 6339550 01/07 13:14 01'10 2 OK 01/07/00 FRI 13:16 FAX 6126337839 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT . . CIty of Arden HIlls 141001 ********************* $$$ TX REPORT $$$ ********************* 1136 4821262 01107 13:15 00'58 2 OK ~ . . . ... FILE CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01110/00 COUNCIL MEETING ~p~~ I/\o)m CLAIMS PAID SINCE LAST COUNCIL MEETING (01103/001 ..(),KK (tlt/fiNtI:' r.,m~"}. 16994 12/29/99 Flabe 'sBowl 132,00 Vacation Day Trin 12/29/99 16995 12/29/99 Shoreview Conununitv Center 90,00 Vacation Day Trio 12/29/99 16996 12/29/99 Element's Cafe 2555 Vacation Dav Trin 12/30/99 16997 12/29/99 Science Museum of Minnesota 3250 Vacation Dav Trin 12130/99 16998 12/30/99 Animal Control Services Inc. 364,08 Dol!iCat Enforcement - December 16999 12130/99 Balfan Develonment, Inc. 36 155.00 Release DeveloDment Escrow (less Citv Insn. Fees' 17000 12/30/99 Galvan's Trading Co. 2,466.00 Emnlovee ReColffiition Prog:rarn 17001 12/30/99 HJ;h Point Creative 2520.00 Winter Recreation Guide 17002 12130/99 Lexinotnn Floral Inc. 44,95 Funeral Arraneement-Svfko 17003 12/30/99 North Star Inti Trucks 5.57 Switch #] 6 17004 12/30/99 Safety Kleen 106.23 Parts DisDOSaJ 17005 12/30199 West Weld 14118 Shoo SuopHes 17006 12/30/99 Peterson, Frarn & BerIDllan 5463.14 November Le2al Fees 17007 12/30/99 Berres Sandra 14.89 Mileaae Reimbursement 17008 12/30/99 Sweeney, Pamela 992 Mileat?e Reimbursement 17009 01103/00 Affinlf;plus Federal Credit Union 4,284.94 First Januarv Payroll 17010 01103/00 ICMA Retirement Trust. 457 1551,81 First Januarv Pavroll 17011 01107/00 Public Emnlovees Retirement Association 3,136.19 First Januarv PaYroll 17012 01/07/00 AMB Pronertv Cornoration 4.378.00 Januarv Rent & Oen Oner Exn 17013 01/07/00 DCA, Inc. 540.32 Medical & Daycare Reimbursement 17014 01/07/00 E-Z Recycling. Inc. 4,714,00 December SelVice 17015 01/07/00 Fortis Benefits 189.00 Januarv Short Tenn Disabilitv 17016 01/07/00 Fortis Benefits 131.10 Januarv LOll!;! Term Disabilitv 17017 01107/00 Lake Country Service Coonerative 3949.21 Januarv Insurance 17018 01/07/00 Minnesota Mutual Life 304.25 Januarv Life Insurance 17019 01/07/00 NCPERS 45,00 PERA Life. Januarv 17020 01/07/00 Hamline University 138,00 Public WorkDlace Authoritv~LVt1ch 17021 01/07/00 MN Utility Contractors Association 360,00 MUCA TraininE!:.Moonev, Saxe & Perron 17022 01/07/00 MN Pollution Control Agencv 370.00 Collection Svs Oner Seminar-Reed & Schifskv If Subtotal. Paid Claims 71,668.83 Paid Claims From Above. 71,668.83 Add Unpaid Claims, Page 3 of 3 - 154074,80 Total Accounts Payable Claims for Council Approval, 01110199. 225,743.63 ,"o"yia",oa.1lI pa~.abJol,I';m,1 . . . ... CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 01110/00 COUNCIL MEETING PAGE 2 OF 3 UNPAID CLAIMS REGISTER: tlii;l19( tltllAtlf ...\\MIllJ&tr.. ,.:,' ,.-." -.-. '.", . ..- .. ',' c':",,", ". .,...., T01 OlllllOO Accurate Press Inc. 344,00 (50001 FIvers. Park & Ree T02 01/11100 Airtouch Cellular 86.26 Cellular Phones T03 01/11100 Assoc. of Metro noli tan Municinalities 3014,00 2000 Membersh~ Dues T04 01111100 Boovon Data Svstems 2,005.74 Aect!!!PavrolllUB Sunnort T05 01111100 Biffs Inc. 60,07 Portable Toilets T06 01111/00 Bover Ford Trucks, Inc. 3.70 Fuel Gaufle Part T07 01l1l100 Camorate Exnress 205.79 Office Sunnlies & CO;:;-v' Panee T08 01111100 Dfl'H!ich, Sharon 9,00 Refund-Soorts Hour T09 01111100 Election Svstems & Software, Inc. 2,184.00 Ballot Tabulator Maint. Aareement TlO 01/11100 First Student Inc. 1,126.00 Bus Fees 12127.12130 TI\ 01/11/00 Frattallone's Hardware 51.83 December Purchases Tl2 01/11/00 Glenwood IniJ"lewood 27.26 Snrioilwater - CH Tl3 01/11/00 Grainger, Inc. 12233 Safetv Eouinment T14 01/11100 Keller David 10,00 Refund.Dunl p;;;;;;;tDo. Lic #00.120 TI5 01111/00 Lake Johanna Vol Fire De t 87517.00 Fire Protection 1/00-6/00 TI6 OlllllOO Lillie Suburban Newsnaners 50.92 LeQal Notices Tl7 o 1I1l/00 Maaco Auto Paintin;- 700,00 Paint 2000 F250 - Parks Tl8 01111100 Met Council Envirorunental Svcs 39,316,00 Januarv Sewer Charl1e Tl9 01111100 Metro East Develonment Partnershin I 000.00 2000 Membershin T20 01/11100 Metrocall 147.58 Annual PaQer Fees T21 01/11100 Minnesota GFOA 30.00 2000 Membershin Dues T22 01111100 NIN Taxnavers Association 125.00 2000 Membershin - T. Post T23 01/11100 MN Denl of A .'iculture 10.00 Pesticide License - Winkel T24 01/11/00 NIN Recreation & Park Foundation 20.00 2000 Membershin - Moore T25 01/11100 Nextel Communications 1l7.06 Cellular Phones T26 01/11/00 North Metro 1-35W Corridor 6349,00 2000 Membersbin Fee T27 01111100 Northern States Power Comnanv 5260,13 December Service T28 01/11/00 Olson Michelle 92.02 Milea!:1e1Exnense Reimbursement T29 01l1l/00 Pace Ana~cal 319,00 Water Testinl1 130 01111/00 Post Terrance 31.78 MileaQe/ExDense Reimbursement T31 01/11/00 Postmaster-St. Paul 200,00 PresortlBulk Mailinp Fees 132 01111100 Ramsev Co. LeaQue of Local Governments 586,85 2000 MembershP:;-Fee T33 01111100 Randall, Nanev 11.47 Mileal1e Reimbursement 134 01111100 Saxton, Laurie 30.00 Refund.Stickv Fingers 135 01/11100 Stafford Dwavne 63.55 Mileat?e Reimbursement II Total- Unnaid Claims --- 151,227.34 II ~.O<<O<'""'po,..bl<loln;",,1 . . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 011I0/00 COUNCIL MEETING UNPAID CLAIMS REGISTER: PAGE 3 OF 3 T36 T37 T38 T39 T40 T41 01/11/00 01111/00 01/11100 01/11/00 01/11/00 01/11/00 Stowell, Sheila The J.P. Cooke Com an US West Communications Waste Man ement-Blaine World Future Socie Xerox Co oration 12.81 65.47 1,498.06 204.63 39.00 1,027.49 Subtotal, Page 3 of 3 - Pa e 20f3 Brou ht Forward- Total Un aid Claims-- 2,847.46 151 227.34 154,074.80 Milea elEx ense Reimbursement 2000 Do Cat Lie Ta s Tel hone Service Waste Removal.1450 Hw 96 2000 Membershi Fee Jan Co ier Lease/Dec Base Chr ...,d)1........""(IO.Y"b]~"1J.irn'l ""'. ~" "i""!:3l n~-~~:~. :~l Ii""'" " /'''' t] L1 lL~. ':~;""~"e.l ~'-cR ~,U~ DRAFT Portion of the ARDEN fiLLS PLANNING COMMISSION - JANUARY 5, 2000 .LANNING CASE #00-02 - US WEST COMMUNICATIONS - 3499 LEXINGTON AVENUE- SPECIAL USE PERMITS AND SITE PLAN FOR AN ANTENNA AND GROUND EOUlPMENT - PUBLIC HEARING Acting Chair Nelson opened the public hearing at 9:46 p.m. Ms. Randall explained that the applicant was requesting a Special Use Permit and Site Plan Review to allow for the placement of a US West Wireless PCS antenna on the roof of the building and electronic equipment on the ground of the Catholic Aid Association located at 3499 Lexington Avenue North. The applicant was proposing to place an antenna on the top of the existing building. The proposed antenna is just under 12 feet tall and will be painted a light gray. The antenna requires electronic equipment to be located on the ground. The applicant was proposing this to be at the northwest comer of the building. The electronic equipment is screened by the building on the east and south sides, a proposed retaining wall on the west and existing trees on the north side. The City Ordinance states that no antenna or tower shall exceed a height of75 feet. The proposed antenna and mounting is approximately 12 feet in height and the building is approximately 42 feet in height for an overall total of 54 feet in height. .The applicant was proposing three antennas in one single cylinder, mounted at the top of a support assembly on the roof of the building. The proposed antenna meets the location and number of antenna requirements. The electronic equipment is five feet tall, eight feet long, and four feet wide. The equipment meets all required setbacks. Ms. Randall advised that staff recommend approval of Planning Case 00-02, Special Use Permit and Site Plan Review, subject to the following conditions: 1. Proposed retaining wall match the existing building. 2. The antenna and all mounts shall be painted light gray. 3. Existing trees along the north property line remain for screening. If the Planning Commission makes a recommendation on the Planning Case, then it would be heard at the Monday, January 10, 2000, regular meeting ofthe City Council. Ms. Randall noted that the applicant had indicated they would not have control over the proposed retaining wall as it is being installed by the property owner. She added that the retaining wall does match the building. Commissioner Sand confirmed that the City should not required the retaining wall to match the building because the applicant does not own the property. Ms. Randall stated that this was correct. She indicated that she thought the wall shown on the plan was part of this project. It was found that, because the property owner has drainage issues, the property owner was installing the retaining wall for other reasons. Commissioned Sand . confirmed that the construction of the retaining wall was not part of this Planning Case. Ms. Randall concurred. Acting Chair Nelson closed the public hearing at 9:52 p.m. as no one wished to address the Planning Commission. Commissioner Duchenes asked if the driveway to Arden Plaza was to the north of this property. Ms. Randall stated that this was correct. She noted that there would be 100 feet between the equipment and the property line as well as a line of pine trees. . Commissioner Rye moved to recommend approval of Planning Case 00-02, Special Use Permit and Site Plan Review, conditioned on: I. Proposed retaining wall match the existing building. 2. The antenna and all mounts shall be painted light gray. 3. Existing trees along the north property line remain for screening. Because the applicant cannot control the color of the retaining wall, Commissioner Duchenes suggested that condition number one be stricken. Commissioner Rye concurred. Acting Chair Nelson confirmed that the retaining wall was proposed to match the building. Ms. Randall stated that this was correct. Commissioner Sand noted that the conditions for approval apply to the applicant and he was not sure that this should be imposed on the applicant. He felt that it would be best to strike condition number one. Motion seconded by Commissioner Duchenes. The motion carried unanimously (5-0). This Planning Case will be reviewed at the Monday, January 10, 2000, City Council meeting. . . e e e CITY OF ARDEN HILLS DATE: MEMORANDUM January 6, 2000 TO: Mayor and City Council \ II.AJ&/ Joe Lynch, City Administrator-..JU1'"" FROM: SUBJECT: Administrator Comments for the January 10, 2000 Council Meeting 1. Consent Calendar a. Claims and Pavroll Due to staff illness, we anticipate that the Prepaid and Claims report will be a bench handout on Monday, January 10th. Payroll #1 is enclosed in the packet. b. Staff Status Enclosed are two memorandums regarding the status of Tom Moore, Parks and Recreation Director, and Michelle Olson, Recreation Program Supervisor. Staff is recommending that you appoint both to full-time, regular employment status. 2. Unfinished and New Business a. Planninl! Case 00-02. U. S. West The City Council is asked to approve the application ofU. S. West to put an antenna on top of a building at 3499 Lexington Avenue. The maximum height allowed in this Zoning District for towers is seventy-five feet (75'). This tower will be under that height. The Planning Commission has reviewed this case and has passed their recommendation to approve this request. Staff recommends that you approve the request ofU. S. West and support the recommendation of the Planning Commission. b. Ramsev County GIS The City Council is asked to approve the Joint Powers Agreement (JPA) with Ramsey County to continue to supply Arden Hills with information and data to support our GIS system. This will also aid in the ongoing efforts of the I-35W Corridor Coalition. A copy of the JP A is enclosed. Staff is recommending that you authorize the Mayor and City Administrator to execute the JP A on behalf of the City of Arden Hills. Administrator Comments for the January 10, 2000 Council Meeting Page Two January 7, 2000 3. Res. 00-05, 2000 Street Improvement Proiect The City Council is asked to approve Resolution #00-05, authorizing the preparation of detailed plans and specifications in the matter of the 2000 Street Improvement Project. After hearing public input, if the Council so desires, you should adopt the resolution with specifics including the streets to be included, the width of particular streets if any are to be different from any others, the vacation of Hamline A venue, creation of cul-de-sacs and stormwater ponds to be constructed. . . . . I e e e MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA TRUTH-IN-TAXATION PUBLIC HEARING - 2000 BUDGET DECEMBER 6, 1999 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the Truth-In- Taxation Public Hearing - 2000 Budget at 7:31 p.m. Present: Mayor Dennis Probst, Councilmembers Gregg Larson, Beverly Aplikowski, and Lois Rem. Absent: None Also present were City Administrator, Joseph Lynch and City Accountant, Terrance Post; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the December 6, 1999, Truth-In- Taxation public hearing. The motion carried unanimously (4-0). MAYOR - MEETING OVERVIEW AND PROCEDURES Mayor Probst explained that the Truth-In-Taxation hearing this evening was the culmination of year long activities in terms of announcements by Ramsey County of property valuations, State changes in tax rates, and City discussion of budget needs and direction. The City Council adopted a preliminary 2000 budget in September of 1999. The City of Arden Hills is legally required to hold a Truth in Taxation public hearing on a night which does not conflict with any other jurisdictions' public hearings to allow public comments with regard to the proposed 2000 budget. Subsequently, the City Council will be required to adopt the final 2000 budget. Mayor Probst reviewed the following accomplishments by the City of Arden Hills in 1999: . Congressional approval to convey a small acreage of the TCAAP property to the City of Arden Hills for construction of the new City Hall. This project has been included in the City budget for the last two years and the City has not yet begun construction. It is believed that construction of the new City Hall will begin in the spring of 2000 and has been included in the 2000 budget. . The reconstruction of the Highway 96 and West Round Lake Road intersection to accommodate the further development of the area and to prepare for the reconstruction of Highway 96. ARDEN HILLS TRUTH-IN-TAXA nON - DECEMBER 6, 1999 DRAFT 2 · The reconstruction of the park at the Arden Manor Mobile Home Park. The outcome of this project has been very successful for the City of Arden Hills as the City now has control over e the park land. · With the resignation of the City Administrator, Brian Fritsinger, and the Assistant to the City Administrator, Kevin Ringwald, the City staffhad been short-handed for approximately three months in 1999. Mr. Post was willing to take on the responsibilities as Interim City Administrator over that period of time. In November of 1999, the City hired Joseph Lynch as the new City Administrator; however, the City is still short by one staff member. It was anticipated that a new Assistant to the City Administrator will be hired early next year. Mayor Probst requested that Mr. Post provide a presentation reviewing the proposed budget and property taxes. With regard to the reconstruction of the Highway 96 and West Round Lake Road intersection, Mr. Post noted that, although this reconstruction was a positive accomplishment, since the project was not accomplished in combination with Ramsey County's work on Highway 96, the City of Arden Hills was responsible for funding approximately $900,000 of County project costs. The City expects these funds to be reimbursed; however, it appears that the timing for this reimbursement will be delayed several years. Mr. Post stated that the presentation for the Truth-In- Taxation public hearing reviewed the 2000 proposed budget in three general categories. e Category A, Making Sense of Property Taxes, provided an understanding of how the City's market valuation, tax capacity and median values, specific to Arden Hills, impacts the property taxes. Category B, Cost of City Services in Perspective, provided a hypothetical monthly service bill which breaks down the cost of the services received by the citizens of Arden Hills. Category C, Discussion of Proposed City Budget, explained the specifics of the proposed budget in a more detailed fashion. Mr. Post proceeded with the slide presentation. He explained that Slide #1, Who Determines Your Property Tax, was a three-legged process in terms of the components of the property taxes. In addition to the taxing jurisdiction determining the levy amount, State Legislature establishes property classes and class rates, determines formulas for State Aids and determines mandates that may impact local governments. The County Assessor determines market values and assigns property classes. Slide #2, Tax Computation Example, provided an example of how property taxes are calculated. The first step was determining the property's tax capacity, which was determined by the class rate, and the market value determined by the County Assessor. The first $76,000 of the estimated market value had a one-percent tax capacity. The estimated market value in excess of $76,000 had a tax capacity of 1.65 percent. For a home in Arden Hills, with an estimated median market value of$157,850, there would be a net tax capacity of$2,I1O.53. To determine the total e i e e e DRAFT 3 ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6,1999 property taxes, each of the jurisdictions have created a budget which was translated to a levy for the needs of the budget which are supported by property taxes. This levy amount was compared against the total tax capacity for the jurisdiction and a percentage yielded. In the case of Arden Hills, the local City levy proposed for 2000 would be 18.985 percent. This percentage, multiplied by the tax capacity of$2,110.53, would result in a local city tax of$400.68. When this was added to the other jurisdictions' levy rates, the total proposed 2000 property tax payable for a $157,850 home would be $2,487.79. Slide #2A listed a number of Legislative changes in class. The Legislature has made a deliberate effort over the past four years to compress the class rates. The class rates for CommerciallIndustrial have changed from a maximum of 4.60 percent in 1997 to a maximum of 3.40 percent in 2000. There was a substantially lesser amount of compression for the residential homestead rates, changing from a maximum of2.00 percent in 1997 to a maximum of 1.65 percent in 2000. Over the last three years, property tax burden has been shifted from one class to another. Mr. Craig Wilson, 1677 Lake Valentine Road, asked how the shifting of property taxes from one class to another affects the City of Arden Hills. Mr. Post stated that this would affect the City of Arden Hills more than, for example, the City of Shoreview, since Arden Hills has a relatively higher commercial and industrial tax base than Shoreview does. Therefore, the residents of Arden Hills will experience a greater degree of tax burden shift than will the residents of Shoreview. Mr. Elwood Caldwell, 1457 Arden View Drive, confirmed that the term compression was referring to the fact that the class rates for CommerciallIndustrial were moving closer to the Residential class rates. Mr. Post stated that this was correct. Since the majority of the class rates were decreasing for the year 2000 from previous years, Councilmember Larson asked if the effect of this was that the actual tax rate would have to go up since the tax capacity for all classes of property was increasing. Mr. Post explained that market valuation is impacting tax capacity more than rate compression such that tax rates generally should be decreasing rather than increasing. Slide #3, Market Valuation, Tax Capacity and Levy Data Payable 1993 to Payable 2000, was a historical look at the City's valuation, tax capacity and tax levies since payable year 1993. The City of Arden Hills as a community experienced a reduction in market valuation for several years in the early 1990's. Towards the end of the 1990's the market valuation began to stabilize and has begun to pick up. The market valuation for 2000 was up 8.49 percent over 1999. Throughout most of the 1990's the tax capacity had been decreasing, however, the tax capacity has begun to pick up in the last couple of years. With regard to the Fiscal Disparities pool, the City of Arden Hills is a net contributor to this pool. Of the total tax capacity of $11,991,914 for the year 2000, the City of Arden Hills will contribute $2,005,653 to the Fiscal Disparities pool. The City will receive back from this pool $908,726. Therefore, the City of Arden Hills is a net contributor to this pool of $1,096,927 or 9.2% of total tax capacity. DRAFT ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6, 1999 4 '~ Mr. Caldwell requested an explanation of the Fiscal Disparities adjustments. Mr. Post explained .- that the concept of the Fiscal Disparities pool was that, just because one community benefits .- from being close to existing infrastructure, that community should not be able to reap all the rewards of development activity. The requirement is that the community share 40 percent of its new commercial/industrial tax capacity with the entire metropolitan area since the metropolitan area was also providing resources for the development growth. Therefore, when a new building goes up in a community, 40 percent of the building's tax capacity goes into the Fiscal Disparities pool. There are more net city receivers from the pool than there are net city contributors to the pool, and the City of Arden Hills is one of the few net contributors to the pool. Mayor Probst noted that the City of Richfield received approximately $1,000,000 from the Fiscal Disparities program. Mr. Wilson asked what the basis was for receiving money from the Fiscal Disparities pool. Mr. Post stated that the distribution of funds was formula driven. Slide #4, Median Market Value of Homes in Ramsey County by City, Payable 1999 to Proposed Payable 2000, provided information regarding what the neighboring cities proposed city tax rates were and the median valuation of their residential properties. In the case of Arden Hills, the percentage increase in City tax on the median value home would be 6.64 percent. The change in tax percentage of the neighboring cities ranged from 14.30 percent for White Bear Township to a negative 4.45 percent for Little Canada. The City of Little Canada had a bond levy that had been paid off and the levy dropped accordingly. Overall, the average increase in the city portion of the tax for the II neighboring cities was six percent. e Slide #5, Components of Total Proposed 2000 Rates, explained the portions of the property tax bill from each of the jurisdictions. The City of Arden Hills' portion was 16 percent of the total property tax bill. Ramsey County represented 39 percent and the School District #621 represented another 40 percent of the total bill. Special Independent School District #916 was a small component which represented less than one percent of the tax bill. Prior to the adoption of the Educational Credit given to residents, School District #621 had traditionally been operating at approximately 55 percent. Therefore, with the Educational Credit, the School District had essentially bought down approximately IS percent of their portion of the property tax bill. Slide #6, City of Arden HillsINeighboring Cities Analysis of 1999 State Aid to Cities, presented the distribution of State Aid for North Metro cities. The HACA and Local Government Aid may be used as a dollar-for-dollar reduction in need for property tax levy. The City of Arden Hills has historically been a significantly less than average recipient of State Aid funds. Arden Hills receives approximately $9 per capita in State Aid which was substantially lower compared to the amount of such aid received by neighboring cities. Mr. Caldwell asked why the amount of State Aid received by the City of Arden Hills was lower than the surrounding communities. Mr. Post explained that when the State of Minnesota was experiencing financial difficulties in the 1980's, the State removed the Local Government Aid from the City of Arden Hills. The State of Minnesota also made a permanent reduction in the amount of HAC A aid being received by Arden Hills. Mr. Caldwell asked if anything could be done about these reductions in State Aid. Mr. Post stated that Legislative action or a Minnesota Department of Revenue policy change would have to occur. e 1 ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6,1999 DRAFT 5 e Slide #7, City Delivers Quality Services at an Affordable Price, presented a hypothetical check which broke down the General Fund services being funded by the property taxes based upon the total City taxes of $400.68 for a $157,850 median-valued home. The monthly bill for this median-valued home would be $33.39, In terms of the value of the services being provided, this appeared to be a reasonable cost. Mr. Post noted that the amount shown for street maintenance was much higher than it has been in the past. He indicated that this was due to the proposed two- year cycle for the Pavement Management Program and the amount shown on the hypothetical check represented two years worth of work. Slide #8, How Does the 2000 Proposed Budget Impact Your City Taxes, provided the proposed city tax rates for 2000, compared to the rates of 1999, based on the market valuation of residential home and commercial/industrial properties. The decrease of city tax rates across the board was a result of the reduction in class rates which will be in place for the year 2000. These reductions were not as substantial in some areas as they had been in the past. Slide #9, General Fund Revenues/Transfers In, provided an overview of the sources of Arden Hills' General Fund revenues. The portion received from property taxes was lower than it had been in previous years, due to the fact that other sources will be contributing nine percent to the General Fund to finance the expanded scope of the Pavement Management Plan. . Slide #10, General Fund Expenditures/Transfers Out, explained the distribution of the proposed expenditure total of $2,934,090. The Street Maintenance portion was substantially higher than previous years due to the scope of the street reconstruction work. Other finance uses referred to a planned operating transfer to the Municipal Land and Buildings Fund #408. Slide # 11, Summary Comparison of General Fund Revenues, Expenditures, and Operating Transfers, provided historical information on the General Fund proposed revenue and expenditures from 1995 to 2000. The significant changes in expenditures for the 2000 General Fund compared to 1999 occurred in Elections, which are held every other year and the year 2000 will be an election year; the operating costs of the Round Lake Road facility were less than anticipated in 1999 and this was reflected in the year 2000 budget; the Street Maintenance expenditures will experience a large increase from $380,130 budgeted in 1999 to $756,880 budgeted in 2000, which again was due to the expanded scope of the Pavement Management Plan. Mr. Caldwell confirmed that the expenditures for Street Maintenance would be expected to go down in the 2001 budget year. Mr. Post stated that this was correct. Mr. Wilson asked why the summer playground and skating rinks expenditure categories showed zero dollars being expended in the 2000 budget. Mr. Post explained that since 1998 these activities have been combined into the Recreation Fund #226. Councilmember Larson confirmed that the increase of $32,032 for Fire Protection included e Capital Improvement expenditures. Mr. Post stated that this was correct. ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6, 1999 DRAFT 6 ~ With regard to the revenue categories for the 2000 General Fund, Mr. Post stated that the significant change occurred in Other Financing Sources. He indicated that the increase of $273,200 was a transfer primarily from the PIR Fund. e Mr. Wilson asked what the acronym PIR stood for. Mr. Post stated that PIR was a Capital Fund entitled Permanent Improvement Revolving Fund. He indicated that this fund was where most of the City's Capital projects initiate. Mr. Wilson asked if the expenditures for the new City Hall would come from the PIR fund. Mr. Post stated that the construction of the new City Hall would be funded by the Municipal Land and Buildings Fund #408. Slide #12, Proposed Capital Budget Summary, explained the General Fund Capital items which are funded by the 2000 property tax dollars. The projected cost of $2,750,000 to construct the new City Hall was included under the Capital Municipal Buildings Fund #408. The Public Works Equipment Project #306 included the replacement of a backhoe at a projected cost of $90,000. The Public Works Projects Project #402 included a planned street project in 2000 totaling $2,243,200. The cost for this project will be split between the General Fund, the Capital Fund and Enterprise Funds. Additional significant Capital projects proposed for the year 2000 were the completion of the residential water meter replacement program at a cost of $450,000, and sewer line rehabilitation at a cost of $200,000. Overall, the proposed 2000 total City Capital Budget was $6,178,865. This figure was lower than the previous year because the City Hall project was included in the 1999 budget, and the 1999 budget had included a large amount of ED A expenditures for the e West Round Lake RoadlHighway 96 intersection Phase I project not found in the 2000 budget. Slide #13, Summary Comparison of All Funds Expenditures/Transfers Out, reviewed the proposed 2000 expenditures for the General Fund as well as the other funds under which the City operates. The slide presented historical information from the year 1995 through to the proposed expenditures for 2000. The TCAAP Reuse Planning Fund #229 within the Special Revenue category had budgeted $419,070 in 1999 of which no funds were expended. The City had anticipated the implementation of a planned study of the TCAAP site which had not occurred. This planned study was not included in the proposed 2000 budget. With regard to the Round Lake Office Fund #704, the work has essentially been completed within this district and what remained in this fund category was debt service payments, both internal and to a bond fund. Under the Debt Service Funds, the $136,998 proposed for the 2000 budget represented interest payment on the GO Tax Increment Bond issued in 1998. Additionally, the 2000 budget proposed a transfer of$I,150,00 from the Debt Service Fund #315. These funds were being transferred to the Municipal Land and Building Fund #408 as part of the financing of the new City Hall facility. Councilmember Larson noted that the City had budgeted $2,050,000 in 1999 for the City Hall project and was now proposing $2,800,000 for the 2000 budget. He asked why there was such a difference between the amount budgeted for the City Hall in 1999 compared to the amount proposed for 2000. Mr. Post explained that the City had anticipated the construction of the new City Hall to be a two-year project, with construction beginning in the fall of 1999 and completing . e e ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6,1999 DRAFT 7 in 2000. The project was now expected to begin in the spring and be completed in the fall of 2000. Slide #14, Glossary of Terms, defmed some ofthe terms used during property tax discussions. Mr. Caldwell asked if the City had planned to discuss possible action to rectify the discrepancies in the amount of State Aid received by the City of Arden Hills compared to other similar cities. Mr. Post stated that the City had no plans to take action with regard to the Local Government Aid. He indicated that he had spoken with the Department of Revenue on several occasions, pointing out the inconsistencies which he felt should be rectified. The Department of Revenue was remaining firm with regard to the action that was taken in the 1980's to withhold HACA funds from the City of Arden Hills. Mr. Caldwell noted that circumstances have changed significantly since the 1980's. He added that the State of Minnesota was feeling discriminated against in terms of Medicare reimbursements. At the present time, the Senior Federation was suing the Federal Government which will draw attention to the issue. Mr. Post stated that he would distribute the information as widely as possible regarding the local State Aid in order to point out the disparity of the distribution. He indicated that the solution may not be within the Department of Revenue, rather it will have to be a Legislative Bill. Mayor Probst noted that in order for the City of Arden Hills to receive more State Aid, another community will have to receive less. Councilmember Aplikowski added that the representatives of Arden Hills represent other cities as well and would prefer to reduce rather than increase the amount of State Aid being received by any city. Councilmember Larson requested an explanation of where the revenue for the Advance Refunding Bond Fund #315 comes from and requested confirmation that these funds will be transferred to the Municipal Land and Buildings Fund #408. Mr. Post explained that the revenues for the Advance Refunding Bond come from special assessments. In the late 1960's and early 1970's, the City of Arden Hills created the majority of the City's sanitary sewer and water infrastructure. This construction was financed through a bond that was to be paid by long term special assessments. During times that the interest rates were low and it was advantageous to refinance bonds, the City did so and benefited from the fact that some residents chose to pay off their assessments early. Over the years, the City accumulated revenues in excess of debt service requirements. PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any questions or concerns they may have regarding the 2000 proposed budget. e Mr. Wilson commended staff for the Truth-in- Taxation presentation. ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6, 1999 DRAFT 8 COUNCIL/ADMINISTRATOR COMMENTS e Mr. Lynch noted that additional letters had been received regarding the Council vacancy and suggested that the Council discuss the process to review the potential candidates. He indicated that he was not able to locate a list of defined questions used previously by the City Council. He asked the City Council whether it would prefer a list of questions or to conduct a free forum process. Mayor Probst stated that he could recall a list of questions being used in previous Council interviews. He noted that the last appointed Councilmember was Councilmember Larson. Councilmember Larson indicated that he had not been asked a specific list of questions. Councilmember Aplikowski stated that she could not recall if she had been asked a written list of questions when she interviewed for the City Council. She felt that a free forum may be acceptable, however, a few predetermined questions may be helpful. Mayor Probst pointed out that the interviews were scheduled to begin the following evening and any list of questions that was to be used would have to be generated prior to that time. He suggested that the Councilmembers meet one-half hour prior to the first interview to determine the questions to be used. Councilmember Larson agreed that the use of a list of questions would be valuable to the interviews and indicated that he would be willing to have some ideas available prior to the interviews or to determine the list now. e Councilmember Aplikowski suggested that one question could be what each applicant feels it could bring to the City Council. Councilmember Larson stated he would want to know if the applicants were willing to commit the amount of time that being on the City Council requires. Councilmember Rem suggested that the Council request additional information regarding previous experience. Councilmember Larson suggested a question regarding what the applicant considers priorities for the City of Arden Hills and what vision each has for the future of the City. Councilmember Aplikowski suggested including in this question what is important to the applicant with regard to what the City accomplishes next. Mayor Probst suggested that the applicants be given a few minutes at the beginning of the interviews to introduce themselves and make comments. He confirmed that the following three questions should be included in the interviews: 1. Why are you seeking this position? 2. What can you bring to the job? 3. What are your priorities for the City of Arden Hills. Councilmember Aplikowski suggested that the applicants be asked what ongoing projects they are aware of within the City. Councilmember Larson agreed that the applicants should be asked ifthey are aware of the issues currently before the Council, rather than only being familiar with their own personal priorities. e . ~ ARDEN HILLS TRUTH-IN-TAXATION -DECEMBER6, 1999 DRAFT 9 e Mr. Post expressed his surprise that all three of the applicants had not attended this evening's meeting. Councilmember Aplikowski concurred. Since each interview had been scheduled for 40 minutes, Mr. Lynch suggested that the applicant be allowed the first five minutes for introduction, 25 minutes for questions from the Council and the remaining 10 minutes for any follow up discussion. Mayor Probst confirmed that the following three questions would be added to the list: 1. What current issues facing Arden Hills are you aware of? 2. What would be your decision-making process in making choices on overall community issues? 3. What meetings have you attended to familiarize yourself with the current issues facing Arden Hills? Councilmember Aplikowski stated that although the answer to the last question would be obvious, it would still be valid to ask. Councilmember Rem suggested that this question relate to more general issues throughout Arden Hills. Councilmember Aplikowski asked if the three candidates had all confirmed their attendance at the interviews. Mr. Lynch stated that none of the applicants had indicated that they would not be available. Mayor Probst asked Mr. Lynch to make follow up telephone calls to confirm the e availability of the applicants. Councilmember Larson asked if the City would be allowed to re-advertise the vacancy if it was not satisfied with any of the three current applicants. Mayor Probst stated it was his opinion that the City Council was not obligated to select one of the three candidates. Mr. Lynch added that, if the vote on the appointment of an applicant resulted in a tie, the Mayor would have the legal ability to make an appointment. Councilmember Larson noted that he would not be available to attend the City Council meeting on December 13, 1999 which willleave three Councilmembers to vote on the appointment. Councilmember Aplikowski stated that she had received additional calls regarding the Council vacancy. She asked if the City Council should meet early prior to the interviews. Mayor Probst suggested that the City Council meet no later than 6:45 p.m. Mayor Probst stated that he had received an invitation to the Library Foundation event being held December IS, 1999, which he may not be able to attend. Councilmembers Larson and Rem indicated that they would try to attend this event. Mayor Probst stated that the City received a letter from the Minnesota Department of Transportation regarding candidate projects for the Transportation Revolving Fund. He was not sure that the City of Arden Hills had any projects that would qualify for this Fund. e Mayor Probst expressed his appreciation to Mr. Dwayne Stafford and the Public Works staff for the positive input the City received from one of its residents. ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6,1999 DRAFT 10 ADJOURN MOTION: Councilmember Rem moved and Councilmember Aplikowski seconded a motion to adjourn the Truth-In-Taxation public hearing at 8:29 p.m. The motion carried unanimously (4-0). Dennis Probst Mayor Joseph P. Lynch City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, December 13, 1999 at 7:30 p.m. at the Arden Hills Council Chambers. , e e e e - - lit 0:: if. <> <> ;::: !2 - <> c w ~ Ul II:: o W :J: o e ...J ...Ja;- Oe 0::_ ~~ o..d; ~~ <- :J'" z- <,.:; ..,:;: I- Gl VJ Gl 0:: .i! -m 11._ e VJ ...J ...J i: z w c 0:: < 11. o ~ (j I~~~;lil .::~:.;. :1 I .~ Ii 1... Ii: ~111 .'0"" ~Iji i ...~;. ::~;: ~,:.:. :::,::' I I i !1j~ :;;.:.:~.:;: II ~!~ .:.,:.:,..:.;.:.; ~ ~ ~ ~ .);2. ;1 r..: ;;!; g :l~ ~. :^ ~ """ :lR :::~;~. "'":< ""'*" .@. .:.:.:.; " ~g .3 ~ Ii '" '" '" u u '" Ii: . ~ ~ ~ ~ ~ 8 8 8 !".:.! d d d = ~ ~:I ~ 1(1 l! :.:N; g ~ ~ g g o 0 r-- d d ~ ~ -c ~ ~ ~ r;=: g ~ ~ ~ ~ d N -i :::~:'; 6 :5 ] u " ~ 6 'S " ~,:.:.> r::~; ~@ ~ N :e ~ ~ I~ .., ~ " oi ~ M ~ N , ~ ~ ~ N " :'1 ~ ~ ~ iff ~ .. :}} . I 0 0 .~ ~ ~ :~Si;!; ~ ! ;:!jj i " ~ I ~ ~ ~ . ~ Ie ~ g Ie ,~ u . 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III po IoL. ~ U r-- :I: Z ;:<t: iiii g g g g g g g ~ g g g g g ~ ~ ~ s "I ~ ~ ~ ~ $': g g..,. ~ ~ ~;; ~ ~; ~ ~~I ~" " "'l' ~ r-- C(l a, f'l .., r-- C(l a, 0 "'l'''' ~ ~ ~ ~ ~ 8 8 g 8 8 g ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ N ~ ~ N N N N ~ "<l" ..., $ $ $ ~ N $ $ ~ ~ ~ ~ l;;l !,6 "<l" If) <0 $ $ $ $ $ N 00 $ $ ~ & 0:; s: s:: $$$$$ g, ~ :i: '" $ $ $ $ ~ ~ ~ Ii ~ _ ~ ~ ~ u~ E 8 -s -g "~ ~ '5i v.J ~ .~ ~ ! ~ ~ ~ ! i"2 ; o ~ :;:I ~ ii5 .&> l 1 B ~ Q.. ~ E j .s ~ "5 lot ] '$ ~ ~ '0 J:! 2 :l ~ I ~ ~ e CITY OF ARDEN HILLS MEMORANDUM DATE: January 7, 2000 TO: Mayor and City Council FROM: Joe Lynch, City Administrator SUBJECT: Thomas J. Moore, Employment Status Backl!:round Mr. Moore was initially hired on April 5, 1999 as Parks and Recreation Director for the City of Arden Hills. Chapter 19, Arden Hills Code, requires that employees complete a six (6) month probationary period in order to determine whether or not the employee demonstrates fitness for the position. e Under Section 19-6 (c) of Municipal Code, the City Council shall consider the recommendation of the City Administrator or Department Head as to whether the employee should or should not be made a regular employee. Recommendation Staff would recommend the City Council approve the appointment of Mr. Moore as a regular, full-time employee with the City of Arden Hills. - CITY OF ARDEN HILLS MEMORANDUM DATE: January 7, 2000 TO: Mayor and City Council FROM: Joe Lynch, City Administrator SUBJECT: Michelle Olson, Employment Status Backeround Ms. Olson was initially hired on May 27, 1999 as Recreation Program Supervisor for the City of Arden Hills. Chapter 19, Arden Hills Code, requires that employees complete a six (6) month probationary period in order to determine whether or not the employee demonstrates fitness for the position. Under Section 19-6 (c) of Municipal Code, the City Council shall consider the recommendation of the City Administrator or Department Head as to whether the employee should or should not be made a regular employee. Recommendation Staff would recommend the City Council approve the appointment of Ms. Olson as a regular, full-time employee with the City of Arden Hills. '. e e . . " \ I Planning Case 00-02 US West Communications 3499 Lexington Avenue Special Use Permit and Site Plan Reveiw INTY ROAD E W =, i! .. ! i .. !i~ Ii ! i , ' rei jZi mi, ~, . )0' m m (::I _ ;0 < m 600 , o 1200 Feet , 600 N A e CITY OF ARDEN HILLS MEMORANDUM DATE: January 10, 2000 / / Mayor and City counc/#1 Nancy Randall, Associate Planner TO: FROM: SUBJECT: Planning Case #00-02, SUP/Site Plan - Antenna US West Request. The applicant is requesting a Special Use Permit and Site Plan Review to allow for the placement of a US West Wireless PCS antenna on the roof and electronic equipment on the ground of the Catholic Aid Association located at 3499 Lexington Avenue North. (Exhibit A). e Background. The applicant is proposing to place three antennas in one single cylinder mounted on the top of the existing building. The proposed antenna is just under 12 feet tall and will be painted a light gray. The antenna incorporates three antennas into a single cylinder. Section VI, I, 3 states that no antenna or tower shall exceed a height of75 (seventy-five) feet. The proposed antenna and mounting is approximately 12 feet in height and the building is approximately 42 feet in height for an overall total of 54 feet in height. The antenna is not required to be screened. The antenna requires electronic equipment to be located on the ground. The applicant is proposing this to be at the Northwest comer of the building. The equipment is 5 foot tall, 8 foot long, and 4 foot wide. The equipment meets all required setbacks. The equipment will be screened by the building on the east and south sides. There is a retaining wall being installed by the property owner for drainage purposes on the west side. The existing trees screen the equipment from the north property line. Deadline for Agency Actions. The City of Arden Hills received the completed application for this request on Monday, November 1, 1999. Pursuant to Minnesota State Statute, the City must act on this request by Thursday, December 30, 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 Monday, February 28, 2000. The City may, with the petitioners' consent, extend the review period beyond the Monday, February 28, 2000, date. e The City informed the applicant that an additional 60 days would be needed to process their application. Lastly, ifthe City denies the petitioner's 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 #00-02, Special Use Permit and Site Plan Review, subject to the following conditions: 1. The antenna and all mounts shall be painted light gray. 2. Existing trees along the north property line remain for screening. Updates. Staff recommended the proposed retaining wall be constructed to match the building. The applicant informed staff and the Planning Commission that the owner was installing the retaining wall for drainage pmposes. The retaining wall matches the building and is almost complete. Because the retaining wall was being installed for other reasons and will match the building the Planning Commission did not include this as a condition. . e e e , - - " l::..Xljl bit A lit US WEST Wireless. L.LC. 426 North Fairview, Room 101 51. Paul, MN 55104 LI~WEsr tife's better here'@ ~ovember1, 1999 Ms. ~ancy Randall Associate Planner City of Arden Hills 4364 W. Round Lake Road Arden Hills, MN 55112 t")-r, rr t-- \ ~'it:".~ \ l'~ '1"1/ 1\U, - 11999 tJ 'I,.. . ~r,tH\.l1(I"'i ,"',,"., ". ... ~ ~ j ""i..';; RE: Special Use Permit Application for US West Wireless pes installation at 3499 Lexington Ave North, Arden Hills. Site No.: MIN 241 Dear Ms Randall, This letter is designed to comply with the Special Use Permit application procedures to receive approval for a Personal Communications Services (PCS) installation to be located at 3499 Lexington Avenue ~orth, Arden Hills. We have enclosed an authorization letter from Catholic Aid Association management that grants US West Wireless authority to present this application on their behalf. see (Exhibit A). As you are aware, US West Wireless has been issued a license by the Federal Communications Commission (FCC) and has recently deployed a wireless (PCS) system. This system is designed to serve Arden Hills and the Twin City Metro Area. PROPOSED USE: US West Wireless is proposing to install a PCS facility on the Catholic Aid Association property located at 3499 Lexington A venue ~orth. This installation entails mounting a single antenna assembly extending twelve feet or less above the penthouse of the building. This antenna assemble is a new design called the Unipac and is painted a light gray to better blend in to the skyline. This new technology incorporates three antennas into a single cylinder that is mounted at the top of a support assemble which makes for a less obtrusive design than the traditional "crows nest" approach. see (Exhibit B). The electronic equipment for the facility will be located on the ground at the northwest corner of the building. The equipment generally consists of two self- contained sealed cabinets that have a combined footprint of5' tall, 8' long, and 4' wide. This equipment is blocked from view to the east and south by the Catholic Aid USA ~Q5> Proud Sponsor 36USC38D . . . gill" Building and by a new retaining wall to the west. Existing mature vegetation and approximately 100 feet separate the ground equipment from the north property line. . us West Wireless hopes this correspondence addresses all issues. Should you have additional questions regarding the attached information or would like to discuss PCS technology further, please contact us at 651/642-6279. Respectfully, - Kenneth L. Nielsen, US West Wireless . . 3/tJ - EXHIBIT A ZONING AUTHORIZATION LETTER " tI - - " 10/08/1999 FRI 00:40 FAX OC" 06 SS 01:2:'lp 612-7SS-IOOl 141 010/011 4/' . p.10 II M:ichaE!l f'1cGou.rn US WEST Communications. Wireless ~-I PfRMITAU71;I08/ZM10N To: Property.owner: Please sign and return the letter of authorization below to: US West Wireless 426 North Fairview Avenue St. Paul, MN SS104- Attention: Steven Mangold as SOOri as possible to assure rapid processing of thIs site. Any building permit applications will be made only after .the required zoning approval process lias been completed. This letter shall not constitute an agreement to enter a binding lease or option to lease, and neither party shall be bound with respect to the leasing of the property until a final Lease Agreement is negotiated and signed bV both parties. Sincerely, , ~ ~(1k- Kenneth L. Nielsen US West Wireless LETTER OF AUTHORIZATION To Whom It May Concern: 3'-19'1 Lei-."Jio'^ f)v<". tJor-Lh The undersigned hereby authorizes US West Wireless, Its attorneys, agents or represematives, to make application for any nec~~sary zoning petitions including the filing of building permit applications. . . Very truly yours, ~ ~~Ji.. ./.0 -I1~9"i ~:~ ~ d--;/4 b~ /1~1J-11 It) - 11- 9q ~: - U$WwI~MCltIoIIII:..lMnIIUlIi OCT 06 '99 13:36 612 '766 1001 PAGE. III Sj/J 411 EXHIBIT B Rendering of Proposed Installation '" fill 1 ! f! t:;1 Ii , ., cj ...I ..c:: ...I ~ t \1 n = 0 11 0 Z qk --,'" ...t: ,j~ ~ = ~ .", @ .... ::I \10- ~ ,,'" 10 = .!:;l.., ""l::s 0 0-- "" ~ b g ~ - "" ... ~~ . ~ < < i"" ,~ s::: N '" " = "'0 = <;:; .- >~E ~ .... .... 0 __ 0. ol) ~ < '" . Po .... p..,:-s~ ~ f:)i) J!J 0 ""l::s ~ = ~-= 0-:: .... .... . . ""C - ~ ~ 0 0 . g ~ .Q." ..c:: o 0 ...... ~ >6 ~ ~ Q\ ,s ~ -... U Q\ ~ !! ~ -" '.5 ~ '. ." g 8 . ., I I ." - . o I CO T""' . I-N~ .....J Z c:: T""' N ..J OO~Z _i=Z<(~ U)~WI-.. U) O::>O~ W OZOO_ .....J ~ ~ ~ 00 W <(<(z>- 0:: OZ~m 5: <( 0 -~ > 01-00<( I- ::i ~ ~ c:: U) OXI> W IWZI- > I-<(....J W Z > 0')0::> U) 0 0') c:: 0 ::l ~<(O , U~('iH~ Jf'. ,'. 'r" <iJ 6G6! r - I\,QN " '-'--,.,..u, S -J;jq I = II! II! i ~ I r II ~ ~ I I t x z w 5 o z a. W 0. - l::' ~ 0 C)t;;a. 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III I 0 WI ~ I Iii t "'1' ~ = II ! II . I IN! I I I I I I (o/u N '" CJ) 0'- ~o-!z ...-"'W ~!i; ~g =>w w > " o " z " '" x w o " z is ~ 5 "' D z " co X w x 11 u ~ w ~ " o I ... Z w Q. Q. ~2 ,,~ "'0 xo wo- z' jiO n. ,I ~ ,II (/jlO ~ 0'--- W- <.:l 0::: .. ji~ Z<( W~ ~ ~ l;; w "' '" => '1 D~ ~:;i F I;; 0- ~ Z " I c \\/1/ 'k I' . I I .. Ifl I ! I !:~ dill IN' . I I I I I : <0 ~ <0 o l;;~ d >- ~ ~ o o 0- I l- n:: o z 0' z 0 - I :0.:: - o II Six:, Z'-... o ~ ~ ~ -'0 W(/) ~<-- III '::J- V) Exhibit B 112 II - " Existing view of building looking north from corner of Benton Way and Harriet Avenue. . - fI' ". Exhibit B 2/2 Proposed location of ground equipment and retaining wall. . e - tit E'xh;b,f ~ k~ ..L.. ~~c~7 uYI \!Ir I. ANTENNAS, SATELLITE DISH ANTENNAS AND TOWERS. I. Applicability. The regulations in this subsection shall apply to any antenna or tower. Dish antennas under thirty inches (30") in diameter, six (6) square feet in area, or six (6) feet in height, regardless of zoning district or type of mounting (roof, wall, ground or pole) are exempted from these regulations. 2. Special Use Permit Required. Antennas, satellite dish antennas and towers are allowed only as special accessory uses. They are therefore allowed only on property containing a principal use to which the antenna, dish antenna or tower is accessory. No antenna, dish antenna or tower shall hereafter be erected, constructed or placed, or fe-erected, reconstructed or replaced without a special use permit, except as exempted in paragraph (I) immediately above. 3. Height The height of an antenna, dish antenna or tower shall be measured from the ground at the base of the antenna or tower to the highest point of the antenna or tower. No antenna, dish antenna or tower shall exceed the following height limitations: a. A dish antenna shall not exceed fifteen (15) feet in height if ground or pole mounted and shall not extend more than twelve (12) feet above the roof if it is roof mounted. Regardless of these height limitations, the antenna shall be mounted as close to the ground or roof as practical. b. No antenna or tower shall exceed a height of seventy-five feet (75'). c. No antenna or tower shall exceed a height equal to the distance from the base of the tower to the nearest overhead electrical power line (except individual service drops), less five (5) feet. 4. Location. Antennas and towers shall be located on sites or buildings in areas that are the least obtrusive to nearby properties and public streets. Antennas or towers shall be located only on sites containing an allowable principal use. Antennas, dish antennas or towers shall not be allowed: a. Nearer the street than the principal building on the lot. b. Nearer the side or rear lot lines than the minimum side or rear yard setbacks for accessory uses as established in Section V, F of this ordinance. c. Nearer to an adjoining property's buildable area than to the principal building on the site on which the antenna or tower will be placed. d. Nearer to any property line than the height of the antenna or tower. 5, Number of Antennas or Towers. a. In all residential districts, no more than one (I) exempted antenna and no more than one (I) antenna requiring a special use permit shall be allowed on one (I) lot or parcel. b. In all business or industrial districts, no more than one (I) exempted antenna, one (I) tower over twenty feet (20') in height and two (2) satellite dish antennas shall be perrnitted on one (1) lot or parcel. 6. Screening. Screening shall be provided so as to prevent direct view of a dish antenna from any street or from a public or private property within six hundred (600) feet of the dish, as follows: . a. Ground Mounted Dishes. Screening for ground mounted dishes shall consist of a fence, wall, earth berm or landscaping, or a combination of these devices. b. Roof or Wall Mounted Dishes, Screening for roof. or wall-mounted dishes shall be in accordance with VI, E, 4. 7. Documentation Required. Installation and operation of an antenna, dish antenna or tower sball be permitted only after application has been made and approval has been granted as defmed in Section Vlll for a Special Use Permit. The following documents shall be submitted with the application: a. Site Plan. The following information on the subject property shall be shown: (I) A plot plan drawn to scale. (2) Site and building dimensions. (3) Location of buildings on the site and on adjoining sites within one hundred feet (100'). (4) Location of site improvements, including drives, parking lots or structures, landscape areas and any other site features that will aid the City in evaluating the application, (5) Location and height of proposed antenna, dish antenna or tower. (6) Elevation drawing of proposed antenna, dish antenna or tower. . b. Screening Plan. Illustrations in plan and elevation of any proposed screening as defmed in (6) above shall be provided. c. Site Elevation Drawings and/or Site Section Drawings. Drawings shall be provided that show how the screening will effectively be accomplished as defined in (6) above. Site lines should be illustrated both in plan and section showing vertical and horizontal relationships to neighboring properties. . :1/ ~ . I ',1 " e e e T: "J e e e Ramsey County GIS Users Group December 20, 1999 TO: Members of Ramsey County GIS Users Group FROM: David Windle, Secretary, Ramsey County GIS Users Group SUBJECT: New Joint Powers Agreement for the Ramsey County GIS Users Group Enclosed is a final copy of the updated Joint Powers Agreement (JP A) that will enable the Group to operate through its second three-year period from 2000 through 2002. Please forward the JPA to your City Manager/Administrator, Mayor/Chair/President, Elected Officials (which ever apply) for signature at the earliest possible council meeting agenda or board meeting. We would appreciate it if you could return a copy of the signed JP A to myself at: City of Roseville 2660 Civic Center Drive Roseville MN 55113 Attached is a proposed fee schedule for Users Group Maintenance Fees for 2000. The fee schedule will adopted at the first official Board meeting in 2000. Thank you for your cooperation. Please call David Windle at the City of Roseville on (651) 490-2219 or Cliff Aichinger on (651) 704-2089 if you have any further questions. Monday, December 20,1999 U:\DavidW\R.amsey County GIS User Group\JPA 2000_cover_Ietter_finat.doc 1. Membership Fee Ramsey County GIS User Group Fee Allocation 2000 (Refer to Joint Powers Agreement) Version 20: November 8, 1999 . oncc only l1atfee for each user. $500 2. Annual Data Access & Physical Features Maintenance Fee . Initial Fee period commences on January 1, 1997 and annually thereafter from Jan. . Members commit to a three-year payment of these fees Entilies not participating wi/1 be charged as per the existing County fee schedule. ($364 per Mb of data plus $45 per hour processing) Organization Category: Breakdown by organization: Organiu.tiODName: Population Facror: 51. Paul- 25 Municipalities tOO SclioolDistriccs U Watershed Districts 7.5 Ramsey Soil & WII1er Conservation District 2 Metro East Development Partnership" 0 FireOepartmentsu 0 .Non-.standardorgunizalion uconsideFedpurtoftJrenmnic:/pa/ities Note: The ree It eakalated by multiplyinll tlte (population ractor 1 (popplatien:l per t'tIplu. nR(SO.051S)) (eg. New BrighlDn - (22328 xl.O) x(O.09S r 52121) Est. 1994 Population Units population Factor A:isigned ,~.. (MdCllllo:il) 9426 1.000 9426 5297 X 1.000 5297 449 1.000 449 2718 1.000 2718 9225 X 1.000 9225 32903 LOOO 32903 12552 LOOO 12552 22328 LOOO 22328 3644 1.000 3644 12809 l.000 12809 33674 1.000 33674 25957 1.000 25957 27/15150 0.250 67915 \1968 1.000 11968 10236 1.000 10236 25398 1.000 25398 "??OO 0.075 11250 OX 0.075 492909 0.020 9858 70000 0.075 5250 OX 0.075 SOI72 0.07S 3763 271660 O.Q75 2037S OX 0.07S 2000 Fees 1998 Fees ~ . e Clwnge in 1m J999-2000 Arden Hills Falcon Heights Gem Lake La"",""" Little Canada Maplewood Mowtds View New Brighton North Oaks North St. Paul Rose-ville Shoreview Sl.Pou/ Vadnais Heights White Bear Township White Bear Lake RamseylWash Metro WD Rice Creek WD (X) Ramsey SWCD Mounds View Schools Nth StPaullM:apIewd Sch (X) Roseville Schools St. Paul Schools White Bear Lake Schools Total: S8'S SI,131 '0 $0 S43 $S8 "'. $326 $0 $0 53,126 $3,948 $1,192 $1,506 52,121 $2,679 $0 $0 $1,217 $1,537 $3,1!J9 $4,041 $2,466 $3,115 $6,452 $8,150 $1,137 $1,436 $972 $1,228 $2,413 $3,276 $1,069 $1,350 $0 $0 $937 $1,183 $499 $630 $0 $0 $3$7 $452 $0 $0 $0 $0 $28,353 $36,047 (S236) $0 (S15) (S68) SO ($823) ($1~4) (S558) SO (S320) ($842) ($649) ($/,698) ($299) (S256) ($864) (S281) $0 ($146) (S151) $0 (SU) $0 SO e Note: Those entities assumed to be non-participants are designated with (X). Entities wishing to enter as a participant partway through the annual maintenance fee period will pay the full annual amount designated for that site and will not be pro-rated. giJfee_2000Jlrelim.xJs ($7,694) e , . ~ JOINT POWERS AGREEMENT e AMONG MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (Agreement), which shall have an effective date of January 1,2000, is entered into pursuantto the provisions of Minnesota Statutes Section 471.59 between body politic and corporate under the laws of the State of Minnesota and other bodies politic and corporate under the laws of the State of Minnesota for the purposes of forming the Ramsey County Geographic Information System Users Group hereinafter referred to as the "Users Group". ARTICLE I. INTENT OF THIS AGREEMENT: In 1995, an alliance was formed between public agencies interested in using Geographic Information Systems (GIS) Aand data created and maintained by Ramsey County. This agreement is intended to enable those parties who are part .of the Users Group to be represented by the Users Group for the purposes of undertaking negotiations and transactions with Ramsey County and any other body politic. ARTICLE II. DEFINITIONS: Section I. Members are deemed to be those local units of government, special purpose government units, local agencies and the Ramsey Soil & Water Conservation District who have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Paying Affiliates are those county, regional, state and federal agencies, local government organizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS activities who have paid fees as provided in Article X. Paying Affiliate membership must be approved by the Board. Paying Affiliates are non-voting participants and are not eligible to serve on the Board. Section 3. Non-Paying AffIliates are those representatives of county, regional, state and federal agencies, local government organizations with regional jurisdiction, local government cooperative organizations, non-profit organizations and educational institutions with direct or indirect involvement in GIS activities. Private sector entities who are contracted to perform GIS-related tasks for a Member can also join as a Non-Paying Affiliate. Regular Affiliate membership must be approved by the Board. Non-Paying Affiliates are non-voting participants are a~ot eligible to serve on the Board, do not pay membership or fees as described in Article X, and are not entitled to ~ta access and exchange detailed in this agreement. Page One . ARTICLE III. USER GROUP STRUCTURE: ~ Section 1. The Users Group will be governed and managed by a Board of Directors ("Board"). a Section 2. One Director will represent each Member organization. Each Member organization shall appoint _ one Director and an alternate to serve on the Board. Section 3. The Board shall also have the following officers: a Chair, Vice Chair, Secretary and Treasurer. Section 4. These officers are elected annually by the Board. Section 5. These officers are undertaken on a voluntary basis without pay. Section 6. A quorum will consist of at least a one-half attendance of full membership of the Board. Section 7. Decisions will be made by majority of the quorum. ARTICLE IV. DUTIES OF THE BOARD OF DIRECTORS: Section I. The Board shall meet at least two times per year. Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The meeting will be called for the purposes of electing the officer positions of Chair, Vice Chair, Secretary and Treasurer. This meeting will allow the adoption of by-laws and other procedures governing the conduct ofits meetings and its business as it deems appropriate. This meeting will also be called by the Board to determine the User Group Budget, review the operating procedures within this Agreement, and approve agreements with Ramsey County for the purposes of GIS data exchange, data access, data delivery and the updating of physical features. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and for the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Board shall arrange for and facilitate regular meetings of the User Group and for User Group activities. Section 5. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair. Thea Secretary is responsible for recording the proceedings of the Board and communicating these proceedings to all Membe" organizations. The Treasurer is responsible for the funds and financial records ofthe Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. Section 8. The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 9. The Board may: (i) enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law. (ii) provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (iii) employ such persons as it deems necessary on a part-time, full-time or consultancy basis; (iv) purchase, hold or dispose of real and personal property; (v) contract for space, commodities or personal services with a Member or group of Members; (vi) accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. (vii) appoint a fiscal agent; e Page Two , ARTICLE V. NEW MEMBERS: . Section I. Those units of government who are not part ofthis-iaitial Agreement may join as Members of the Users _ Group at any time. W Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign the current Agreement. Section 3. The New Members and Paying Affiliates will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining as set by the Board in Article IV, Section 4, as calculated by the current formula. Fees will not be pro-rated for new Members who join after January I of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY: Section I. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey County for the exchange of County GIS Data with Members and Paying Affiliates at a preferential fee structure. A component of the fees will apply to the maintenance of digital physical features from aerial photography captured Countywide on a three year basis. Section 2. The GIS Data should consist of the following components: (i) The Ramsey County Digital Base Map as generated and maintained by the Department of Public Works. (ii) The Ramsey County Attribute Data Base as generated and maintained by the Department of Property Records and Revenue. (iii) The Physical Features File as generated and maintained by the Department of Public Works. Section 3. The Board will negotiate on behalf ofthe Members and Paying Affiliates for the cost and method of access to this data. Prior to each annual payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy and timeliness of the data provided to date and make a determination if further payment shall be made. e ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT: Section I. Members agree to exchange any GIS data with Ramsey County and with any requesting Member for the requesting parties own use where that GIS data has been in some way derived and developed from the County GIS Data as a result of this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member, any attribute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data deemed by Ramsey County as necessary for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE VIII. DATA ACCESS AND USAGE: Section I. All Members and Paying Affiliates shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members and Paying Affiliates may not be sold in its original form to third party agencies. However, a Member or Paying Affiliate may allow use ofthe original data by a third party for specific contracted purposes. Data generated by Members or Paying Affiliates and provided to Ramsey County may not be sold by Ramsey County in its original form to third party agencies. However, Ramsey County may allow use of the original data by a third party for specific contracted purposes. Section 3. Data which results from enhancement by a Member or Paying Affiliate of Ramsey County GIS Data, received purSuant to this Agreement, may be sold or exchanged to a third party. .a Section 4. All Members and Paying Affiliates will adhere to future Users Group license agreements for County or Wother agency GIS data. Page Three , ARTICLE IX. DATA SECURITY: All Members and Paying Affiliates of the Users Group agree to abide by the data privacy and data security standard. of the supplying agency when using data made available by that agency. ARTICLE X. FINANCIAL MATTERS: Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July I of each year for each succeeding year. The Board will give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member organization. Section 3. Operational costs shall be shared according to a method agreed upon by majority decision of the Board of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase ofliability insurance and others as appropriate. Section 4. Membership Fee: New Members and new Paying Affiliates shall pay a one-time membership fee of$500 to the Users Group for the calendar year 2000. The amount ofthis fee shall be reviewed and set annually by the Board of Directors for new Members and new Paying Affiliates. Section 5. Data Access and Physical Features Maintenance Fee: Members and Paying Affiliates shall commit to a three-year payment of data access and physical features maintenance fees, except where a one-year limitation is imposed by State Statutes. Ramsey County will charge the Users Group on an annual basis for unlimited access to the Ramsey County GIS Data. This fee will be paid t~ Ramsey County by the Users Group on behalf of the Members and Paying Affiliates on an annual basis. The amount to be paid by each Member and Paying Affiliates will be determined by the Board and will be reviewed annually. Section 6. Special Projects Assessments: Members and Paying Affiliates who wish to enter into special projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Board, those Members and Paying Affiliates who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Members and Paying Affiliates are due and payable no later than 60 days after the receipt of the annual invoice. In the event of a dispute as to the amount of a billing, a Member or Paying Affiliate must nevertheless make payment as billed to preserve membership status. The Member or Paying Affiliate may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users Group rights to receive payment are not affected by the termination of membership. ARTICLE XI. TERM Section 1. This Agreement shall be in force through December 31, 2002, or until superseded by another agreement. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2002 and b. agreed upon and signed on or before December 31, 2002. Page Four , ARTICLE XII. TERMINATION: . Each Member or Paying Affiliate shall have the right to terminate its membership and participation in the Users _GrOUP with or without cause by formal resolution of the Member's or Paying Affiliate's organization and communicated to the Board in writing. However, the Member or Paying Affiliate is still obligated to its financial commitments for the year during which termination of membership occurs. These commitments include: (i) any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all Members and Paying Affiliates. (ii) any balance owing on Special Projects Assessments. This commitment applies to Members and Paying Affiliates which have entered into any special project agreement(s). Termination of membership prior to expiration of the Agreement shall make a local unit of government ineligible to re-join as a Member or Paying Affiliate under the current Agreement. ARTICLE XIII. DISSOLUTION: Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the required Members requesting dissolution of the Users Group. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members and Paying Affiliates in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the aUsers Group will be charged to and paid by the then existing Members and Paying Affiliates in direct proportion to _their cumulative annual contributions. ARTICLE XIV. ACCESS TO DOCUMENTS: Until the expiration of three years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relating to this Agreement. ARTICLE XV. HOLD HARMLESS: Section 1. Each Member or Paying Affiliate agrees to defend, indemnify and hold the other Members or Paying Affiliates harmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members or Paying Affiliates, arising out of any act or omission on the part of the indemnifying Member or Paying Affiliate or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members or Paying Affiliates under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by either Members or Paying Affiliates or the Users Group of any limitation ofliability under Minnesota Statutes Chapter 466. . Page Five . SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY: ~ Section 1. The Members and Paying Affiliates and the Users Group agree to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. Section 2. When required by law and requested by the other party, the Users Group shall furnish a written affirmative action plan to the Members and Paying Affiliates. SECTION XVII. DATA PRACTICES: Section 1. All data collected, created, received, maintained or disseminated for any purpose in the course of either the Member's or Paying Affiliate's or the Users Group's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and Paying Affiliates and the Users Group agree to abide strictly by these statutes, rules and regulations. e . Page Six ~ -IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this _ day of 2000. ORGANIZA nON Approved: By: ( Mayor / Chair / President ) By: ( City Manager / Administrator ) . _MOndaY, December 20, 1999 U:\DavidWIRamsey County GIS User GroupIJPA_2000_final.DOC Page Seven ) .\, e e e CITY OF ARDEN HILLS MEMORANDUM DATE: January 6, 2000 TO: Joe Lynch, City Administrator Dwayne Stafford, Public Works Director V( FROM: SUBJECT: Preparation of Plans and Specifications for the 2000 Street Improvement Project Backl!round The City Council and staff have reviewed the Feasibility Report for the proposed 2000 Street Improvement Project. Notices were sent to all affected residents, informing them of an informational meeting regarding the proposed improvement, which was held on November 30, 1999. Council has received copies of the sign-up sheet, comment cards, and a brief overview of the informational meeting. Notices of the public hearing were mailed to all affected residents and published in the Arden HillslShoreview Bulletin on December 29, 1999 and January 5, 2000. Recommendation The Public Works Director recommends that Council consider input from the residents received at the Informational Meeting, and the Public Hearing, and determine whether or not to proceed with the project. Considerations Should the City Council proceed with the project, the Council may wish to consider the following discussion points prior to ordering the plans and specifications. 1. Scope of Work The Council may elect to undertake the entire neighborhood reconstruction project as recommended in the Feasibility Report, or reduce the scope of work by some degree and finish reconstructing the neighborhood at some future time. 2. Street Widths The Council may wish to consider modifying the City's street design standard minimum width of 32' to narrower minimum widths by the adoption of a citywide functional street classification system. The adoption of a functional street classification system would result in narrower street widths for Carlton Drive, Cannon Avenue, Femwood Road, Femwood Court and Ingerson Court. , , Memorandum, Preparation of Plans and Specifications, 2000 Street Improvement Project Page Two January 6, 2000 e NOTE: If all applicable streets were reconstructed with reduced widths in accordance with the functional street classification system, a project cost savings of approximately $80,000 could be expected. 3. Vacation of Hamline Avenue between Ingerson Road and Tiller Lane NOTE: Staff anticipated Council would agree on vacating this street. However, if Council elects to reconstruct it, an additional $154,200 would be reflected in the project costs. 4. Vacation of Hamline Avenue between Tiller Lane and Cannon Avenue resulting in Tiller Lane and Cannon A venue becoming cul-de-sacs. NOTE: If the City Council decides to turn Tiller Lane and Cannon Avenue into cul-de-sacs, the costs will be comparable to reconstructing Hamline Avenue between these two streets. 5. Construction of Pond A at an estimated cost of $66,200. NOTE: The Council may elect to have this included in the project, but bid as an alternate until cost participation from Rice Creek Watershed District is verified. During preliminary talks, Watershed officials have indicated the Watershed District may provide up to 75% funding for each of the two (2) proposed ponds, A and B, or $50,000 per pond, which ever is least. This would amount to an estimated $49,650 for Pond A. Drainage would work well without the pond, however stormwater treatment of the Ingerson area would be significantly reduced. e 6. Construction of Pond B at an estimated cost of $60,900. NOTE: The Council may also elect to have this pond included in the project as an alternate until cost participation from the Rice Creek Watershed District is known. Possible Funding from Rice Creek Watershed for this pond would be an estimated $45,675. This pond would serve Cannon Avenue and Tiller Streets, plus large areas to the north, including the Crepeau Park area. Drainage will work well without this pond, however, stormwater treatment from this area would also would be significantly reduced. e , . e e Memorandum, Preparation of Plans and Specifications, 2000 Street Improvement Project Page Three January 6, 2000 Also, the vacation of Hamline A venue between Ingerson Road and Tiller Avenue ( discussion point #3 above) is necessary for the construction of Pond B. 7. Fernwood Court Channel Modifications at an estimated cost of $50,000. NOTE: This would include deepening the existing channel to Lake Josephine and the construction of a weir (restriction) at the channel outlet to the lake, thereby increasing the cleansing affect of the channel on stormwater runoff prior to entering Lake Josephine. Staff would also look to the Rice Creek Watershed District for funding using the same formula as with the proposed ponds, which would amount to an estimated $37,500. NOTE: Again, drainage will work well without any channel modifications, but in this case, no pretreatment of stormwater runoff would occur prior to the stormwater entering Lake Josephine. 8. Project Funding The City Council may wish to determine the funding sources for meeting project costs, and the specific breakdown from these sources. The Feasibility Report addresses this issue, and provides a possible scenario for Council consideration. Reauest If the City Council elects to proceed with the 2000 Street Improvement Project, staff requests Council adoption of Resolution #00-05, authorizing the City EngineerlBRW to prepare detailed plans and specifications in the matter of the 2000 Street Improvement Project. , CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA . RESOLUTION NO. 00-05 RESOLUTION AUTHORIZING THE PREPARATION OF DETAILED PLANS AND SPECIFICATIONS IN THE MATTER OF THE 2000 STREET IMPROVEMENT PROJECT WHEREAS, a resolution of the City Council, adopted on the 29'h day of November, 1999, fixed a date for a Council public hearing on the proposed improvement of various streets within the City of Arden Hills; and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the public hearing was held thereon on the 10th day of January, 2000, at which all persons desiring to be heard were given an opportunity to be heard thereon; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota that: 1. Such improvement is necessary, cost effective and feasible as detailed in the Feasibility Report. e 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted on the 10'h day of January, 2000. 3. BRW, Consulting Engineers, is hereby designated as the engineer for this improvement. BRW shall prepare detailed plans and specifications for making of such improvement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 10th DAY OF JANUARY, 2000. ATTEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR . . , . . . CITY OF ARDEN HILLS PUBLIC INFORMATION MEETING SIGN - IN SHEET MONDAY, JANUARY 10,2000 2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD NAME/ADDRESS DATE . , CITY OF ARDEN HILLS CITY COUNCIL PROTOCOL FOR PARTICIPATION IN PUBLIC HEARINGS . The City of Arden Hills requests that the following procedures be used when addressing the Council at a Public Hearing: 1. Step to the microphone and state your name and address. 2. Briefly state your comments, concerns, or questions relating to the topic to Councilmembers only. Each speaker is limited to two (2) minutes speaking time, and will be allowed to approach the microphone twice. If your concerns are similar to someone who has spoken, please state that you agree with that person, and it will be noted. 3. Please direct your questions directly to Councilmembers only; not staff members. . Your concerns will be noted by Council and upon close of the Public Hearing, staff will be directed to address those questions. 4. Upon close of the Public Hearing by the Mayor, no further comments from the floor will be recognized. At that time, written comments may be forwarded to Council using the procedures outlined in the Hearing Notice or as explained by the Mayor. Thank you for your cooperation. At the end of the Public Comment portion of the Public Hearing, the Mayor will close the hearing, at which time the Council will discuss the issues presented, and make a formal decision on the matter. The public is welcome and encouraged to remain for the remainder of the meeting. . F"1lI Of.""", : ~ 1 ~.l 1':, .,' ,t ":i h".~ ':-~-~ ~;~:~ :r-~-' , iA....-~ . CITY OF ARDEN HILLS 4364 WEST ROUND LAKE ROAD ARDEN HILLS, MN 55112-5794 ARDEN HILLS CITY COUNCIL CITY COUNCILIDEPARTMENT HEAD RETREAT HOLIDAY INN NORTH- ST. PAUL 1201 WEST COUNTY ROAD E ARDEN HILLS, MN FRIDAY, JANUARY 14, AND SATURDAY, JANUARY 15,2000 THE CITY COUNCIL WILL BE MEETING . WITH ITS DEPARTMENT HEADS BEGINNING AT 4:00 P.M.ON FRIDAY, JANUARY 14,2000 AND ENDING AT APPROXIMATELY 12:00 P.M.ON SATURDAY, JANUARY 15,2000 Posted: . CC/Ramsey County Library PHONE: (651) 633-5676 . FAX (651) 633-7839