HomeMy WebLinkAboutCCP 01-10-2000
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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
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PAGE TWO
CITY COUNCIL MEETING, CITY HALL
MONDAY, JANUARY 3, 2000, 7:30 P.M.
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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.
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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
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CITY OF ARDEN HILLS ~i i ~~
PUBLIC INFORMATION MEETING SI~N - IN SHEET
MONDAY, JANUARY 10,2000
2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD
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CITY OF ARDEN HILLS
PUBLIC INFORMATION MEETING SIGN - IN SHEET
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CITY OF ARDEN HILLS
PUBLIC INFORMATION MEETING SIGN -IN SHEET
MONDAY, JANUARY 10,2000
2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD
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PUBLIC INFORMATION MEETING SIGN - IN SHEET
MONDAY, JANUARY 10,2000
2000 STREET IMPROVEMENT PROJECT - INGERSON NEIGHBORHOOD
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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
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January 10, 2000 Arden Hills Reconstruction Public Meeting
Tentative Agenda
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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
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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:
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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.
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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? .
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. 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.
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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.
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1. <all of Carlton Dr., all of Fernwood St, and the Eastern 1/3 ofIngreson Dr., Fernwood Ct., and
Ingerson Ct.)
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. 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~
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. 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.
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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.
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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.
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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
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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.)
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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.
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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
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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)
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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]
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.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-
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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
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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-
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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
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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
;
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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
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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
,.
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,
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.
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]
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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-
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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.
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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:
.
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7 January 2000
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Joe Lynch
City Administrator
City of Arden Hills
4364 West Round Lake Road
Arden Hills, MN 55 112
I,,:.' 10 2'i'icu
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C'TY OF }\"'I',,,,,,I I'w LS
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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
.
.
.
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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' ,-.-....
. ~.
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Harold H. Alexander . ... ....
3251 Femwood Street
Arden Hills, MN 55112
'.
Ph: 651-481-9796
e-mail: maralex@maralex.com
.
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1143 Ingerson Road
Arden HiIls, MN 55112
(651) 490-9612
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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
.
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,
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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..
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] 164 Ingerson Road
Arden Hills, MN 55112
January 9, 2000
CITY OF NFl:.,., /""LLS
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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 _
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Kathleen E. Stedman
cc Council members
Office of the Sierra Club Twin Cities Chapters
Jim Cox
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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
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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,
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Charles C. Torrey
1201 Ingerson Road
Arden Hills, MN 55112
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COMMENT FORM
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NEIGHBORHOOD MEETING
NOVEMBER 30, 1999
for the
2000 PAVEMENT MANAGEMENT PROGRAM
INGERSON NEIGHBORHOOD RECONSTRUCTION
PLEASE PROVIDE COMMENTS REGARDING THE
PROPOSED IMPROVEMENTS BELOW:
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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
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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
.
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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
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CIty of Arden HIlls
141001
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$$$ TX REPORT $$$
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1136
4821262
01107 13:15
00'58
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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
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...
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.
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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.
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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
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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.
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1
ARDEN HILLS TRUTH-IN-TAXATION - DECEMBER 6,1999
DRAFT
5
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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
.
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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
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ARDEN HILLS TRUTH-IN-TAXATION -DECEMBER6, 1999
DRAFT
9
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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.
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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.
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Planning Case 00-02
US West Communications
3499 Lexington Avenue
Special Use Permit and Site Plan Reveiw
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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.
.
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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,
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'1"1/
1\U, - 11999
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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
.
.
.
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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
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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,
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OCT 06 '99 13:36
612 '766 1001
PAGE. III
Sj/J
411
EXHIBIT B
Rendering of Proposed Installation
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Exhibit B 112
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Proposed location of ground equipment and retaining wall.
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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.
.
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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
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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
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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)
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JOINT POWERS AGREEMENT
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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;
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Page Two
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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.
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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
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SECTION XVI. EQUAL EMPLOYMENT OPPORTUNITY:
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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.
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Page Six
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-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
)
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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
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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.
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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.
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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.
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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.""",
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.
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