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Home My WebLink AboutCCP 11-14-2001 . . . ~ ~ILLS AGENDA SPECIAL CITY COUNCIL MEETING SITE VISIT - PLANNING CASE #01-22 COUNTY ROAD E-2 AND CLEVELAND WEDNESDAY, NOVEMBER 14, 2001, 5:00 P.M. City Philosophy To provide a basic and necessary scope of quality services through the ilU10vative and purposeful use ofresources. 5:00 P.M. 5:00 P.M. 5:05 P.M. 5:30 P.M. 1. Call to Order 2. Approval of Meeting Agenda 3. Site Review/Discussion a. Review of Staked Plat, Rezoning, Comprehensive Plan Amendment, Master and Final Planned Unit Development 4. AdjonfD The above times may vary depending upon length of issue discussion. HP Laser Jet 3200 r~ fP ~ ro-' i -" ',.~' ~....... ) ''" 'i' " W "".;r.._~~~ (la@ . CITY OF ARDEN HILLS 6516345137 NOV-9-2001 4,54PM i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Result 592 ll/ 9/2001 4,39:52PM Send 9.6123701378 1: 20 2 OK 593 !lI 9/2001 4A1:17PM Send 9,76342195ll 1:35 2 OK 594 III 9/2001 4,42:58PM Send 9,6516286833 1:19 2 OK 595 ll/ 9/2001 4:44,22PM Send 9.7637060891 1: 28 2 OK 596 ll/ 9/2001 4:45,56PM Send 9,6516333846 2,20 2 OK 597 HI 9/2001 4A8:21PM Send 9,6512282191 1: 26 2 OK 598 ll/ 9/2001 4:49: 53PM Send 9,6512279371 0,51 2 OK 599 III 9/2001 4:50,50PM Send 9,6514821262 1: 02 2 OK 600 III 9/2001 4,51,58PM Send 9,6512669301 1: 14 2 OK 601 ll/ 9/2001 4,53,18PM Send 9.6516461220 1,19 2 OK . .--~-~ .J, ~~~ \\Iaee[u\ ~\ ~- ... ~~ '-~-;'~ . Mr Aaron Parrish City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5794 November 23, 2001 Dear Mr Parrish, The development proposed at the comer of Cleveland Avenue and County Rd E2 has fostered significant discussion. In light of the letter you and the City Council received via fax on November 13th from Beacon Construction, I am compelled to clarifY my personal position on this matter. . In my opinion, the real issues are more about timing and information than trees and traffic. True, altering the site after so many years would have a big emotional impact on people in the neighborhood. Respecting that, I also respect a property owner's right to propose development as they see fit. Discussion on vegetation should not be construed as something on which common ground cannot be found. Additional traffic generated by a project ofthis size is not expected to hinder obtaining the necessary road access permit from Ramsey County, either. The existing traffic problem is not the project's to solve. However, citizen concern for safety and congestion at the intersection is valid and will remain an open issue until addressed through other channels. (Construction of walking paths would be a big step toward addressing pedestrian safety in the neighborhood.) With that said, I reiterate my concerns. I) That due diligence be included as part of the review process. Unfortunately, that could delay the construction schedule. I understand Beacon and Bethel's concern for time, but their focus on schedule as the critical path leaves me uneasy. Whatever is constructed will be there for many years. 2) A comer property has very high visibility. I think that raises the bar, aesthetically and functionally, for any project. To desire a better understanding ofthe development is reasonable. Projects can benefit from an iterative process and initial proposals often include some wiggle room for accommodating change. That building height and parking exceed current code signal additional scrutiny. 3) Knowledge of impact on the wetland is a high priority regardless of which property is proposed for development or who owns it. Given that Rice Creek Watershed has granted preliminary permit approval for this project, we trust that wetland issues will be handled appropriately. . Page 1 , . 4) Requesting specific project information seems prudent given the site's size and shape, existing easements and topography. Consideration does not preclude approvaL Supporting facts and design details should stand on their own merit or be modified as appropriate. These statements are consistent with my previous comments. Perhaps with a little up front time and effort, Beacon could have "sold" the project to our governing body and citizens. Instead, unfortunately, there is perception that an attempt was made to slip it Ihrough. I honestly hope contention will not impede productive dialog or satisfactory resolution on this issue. Regarding rezoning of the property, my feelings are mixed. I trust the council to make the best decision as this change is considered. In closing, this may also be the best time to coordinate with preliminary information, if any is available from MNfDOT or a traffic engineer, on planned upgrades to the bridge or freeway width that could effect future changes to the grade of surrounding roads. If that potential exists, it could bear on the most appropriate elevation for first floor level and final grade of a current development. Good luck to all as deliberations continue. . Sincerely, ~~~::=t 3743 New Brighton Rd Arden Hills, MN PS. It is true that my husband, Jolm, and I own property north of Cottage Villas that Bethel considered purchasing. However, it is not true that my interest in this proposed development is motivated by the fact that they declined on that purchase. It is an affront that public concern is interpreted as a desire to block development. As property owners and taxpayers, we have a vested interest in the quality of our neighborhood and community. . Page 2 e ~ ~ILLS DRAFT MINUTES SPECIAL CITY COUNCIL MEETING SITE VISIT - PLANNING CASE #01-22 COUNTY ROAD E-2 AND CLEVELAND WEDNESDAY, NOVEMBER 14, 2001, 5:00 P.M. ROLL CALL Present: Mayor Dermis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: Gregg Larson. Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; Interim Public Works Director and Parks & Recreation Director, Thomas Moore, Bruce Kunkle, Bethel College; Loren Kjersten, Beacon Construction. _ PURPOSE OF MEETING Loren Kjersten of Beacon Construction gave an overview ofthe site and indicated that the survey stakes with the tape represented the size and location of the building on the property. City Council Members asked individual questions and explored the site. There were members of the public in attendance and also had individual questions of both Kunkle and Kjersten. The site visit lasted approximately 30 minutes and no formal discussion or actions took place. Dermis Probst Mayor Joe Lynch City Administrator . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING, CLOSED EXECUTIVE SESSION NOVEMBER 19, 2001 8:12 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS ~-~ l-Jj CALL TO ORDER Mayor Dennis Probst recessed the City Council Worksession at 8:12 p.m., and called to order a Closed Executive Session. PURPOSE OF MEETING Mayor Probst convened the meeting for a Closed Executive Session to discuss the annual performance review of the City Administrator. Present: Mayor Probst; Councilmembers Beverly Aplikowski, David Grant; Gregg Larson; and Lois Rem. There was no action taken. ADJOURN Mayor Probst adjourned the Closed Executive Session at approximately 9:35 p.m. Dennis Probst Mayor Joseph P. Lynch City Administrator T.~ , ,,( ~ e - . t ,(~ " 10 December 2001 . To Whom It May Concern: We are the current owners of2014, 2020 and 2030 Glen Paul Ave. We have the following concerns about the proposed building plans for the adjacent, vacant lot on County Road D and Cleveland Ave: I. The set-back variance requested for the building and parking lot that will decrease our privacy and could affect property value; 2. The privacy that will be lost due to the building's having an upper level; 3. The water that will now be draining between the two properties due to the large parking lot and building. There will be a lot of water draining into the ditch. If it is clogged from piled snow or debris, it could flood the surrounding houses or property. This area has flooded in the past. 4. What impact will the pollution from the leaking gas have on us? 5. Whal impact will the parking lot lighting have on us? . Privacy is currently provided by a six foot privacy fence on top of the retaining waIL There is also an existing three foot chain link fence on the property line which does not provide privacy from the vacant lot. During the planning commission meeting held on December 5, Mark McGuire talked about the need to maintain the privacy offered by the fence. There was confusion about which fence Mark was referring to. Mark was referring to the six foot privacy fence set back ten feet from the property line on top of the retaining waiL Maintaining this privacy is necessary because there is a two foot (larger on some properties) difference in elevation between our property and the vacant lot Putting a six foot fence on the property line will not maintain the current privacy provided by the existing, set back privacy fence on top of the retaining wall. Ifa six foot fence is put on the property line, we will have plain view of the parking lot at all times. Weare very concerned that the city is considering waiving the set back requirements for the parking lot Furthermore I have learned from the commission meeting that the building being considered will have an upper floor. When we purchased our house we considered the privacy we would lose when the lot was developed. I decided it would be very difficult to put a two story building on the lot due to the size of the lot We have come up with solutions that would be satisfactory to us. They are as follows: . 1. Reduce building to one level and meet set back requirements for building and parking lot; 2. Build an eight-foot or higher privacy fence on the property line; 3. Leave the current privacy fence that is set back ten feet from the property line that sits on top of the retaining wall; 4. Provide an eight to ten foot hedge on top of the retaining wall that would provide year -round privacy and put a six foot fence on the property line. This option would require planting some type of pine or cedar tree that would not lose its leaves in the winter; 5. Require snow to be removed off-site; 6. Assure that the snow will not be piled in a way that interferes with drainage; t . . . 7. Drain water to other areas; 8. Pollution impact study; 9. Light study; 10. No manipulation of site plans if approved. Builders often manipulate plans to their benefit. Weare open to other ideas for drainage and set back requirements and for privacy that will keep the same level of privacy that currently exists from the privacy fence built up from the retaining wall. We believe these are reasonable requests considering the variances that are being requested by the developer. If our needs are not addressed, we are willing to take our complainls to the next level. Weare very serious and concerned about these issues and are willing to do whatever is necessary in the future to have our concerns taken care of We have not had enough notice to address Ihese issues. The first I heard oflhis is with the letter you sent out a little over a week ago. Some neighbors have not been notified and have not heard anything for over a year. Please give us more time. Sincerely, IfJ;4~~ Mark and Ruth McGuire 2030 Glen Paul Avenue /hnpz.-c/ 0>t?P.07~ Irmgard Osborne 2020 Glen Paul Avenue ,,-p~ ~Z( -~7t~;J~ / '~onte ant'Bonme Aihart 2014 Glen Paul Avenue 4 (':." ~ /"';''- t:l /")jf; / l ~7 < ...--/.,;.<; -'7 December 7, 2001 J:./ .. ../ .. I t ljV1Jlf/; A f1 r!,;..rt1 / <'.J .ity of Arden Hills -City Hall Planning Department 1245 West Lexington Arden Hills, MN 55112 ~:.....t.:/, , "F \ /, j f' Dear City Planning Directors, My wife, children, (2 and 7 years) and I live at 2033 County Road D. We have the understanding that Mr. Steve Nelson has bought and will be developing the wooded lot -West of our property, We have major concerns of this situation and were disappointed that we were not informed (or kept up to date on this matter. After all the lot that has been vacant for 20 years; we buy our house, and now the woods will be taken down. We have deer that visit from time to time, including our backyard, there are also bluejays, white and red squirrel's, and several cardinals. However this is important, but not the major concern. We really appreciate what nature has to offer our home and our family. Please review our concerns that could affect our lives, home, and privacy. 1) My property value was recently appraised at $160,000, A) Will our property value decrease after a 2 story building is butted against our property? B) Will we ever have real privacy even with a 6' fence and new trees? . Please keep in mind that we will be retired after the newly planted trees are full grown. C) Even with a fence, the building will be two stories and there will be no privacy in our yard. D) Will we even have west sunshine in our backyard anymore? The building is two stories. E) How close will this building be to our property? Do we really have to take down this small woods that have been there forever? Why? 2) I work late nights. After I teach classes (PM) , I also have my advertisement business to run, so... NOISE! NOISE! NOISEI A) When will the construction begin? End? B) What will be their hours? C)The kids and our bedroom are right next to where the construction will take place. Will we get to sleep sometime after 6:00am? D) Sounds like the "RAMP" will be built closest to our home. Noise? I Lighting? I Trucks? E) How often will there be ramp traffic? PM or AM hours? F) Fume smell? . 3) Traffic for our Neighborhood and street. A) Will there be more traffic- to and fro? Late night snow plows? B) Will a bus line be added now? C) The bike trail is near, will there be a sidewalk built? D) What type of people will the building occupy? Security Building? E) Outdoor Breakroom? Where? F) Route to Kens Market? Next Page... ~ About a year and a half ago Mr. Nelson was in the process of purchasing and developing this ~operty. My wife and I had went to the city council meeting and expressed our many concerns. _ter this meeting the project was delayed for six months. We haven't heard a word since than, and now 1 1!2 years later we have had people taking pictures in our front yard and of our home. We've also had people in the woods next door cutting and measuring. I understand this neighboring lot is not our property, but as a home-owner in Arden Hills, I feel it is somewhat our responsibility to keep a watch for the city, and fellow neighbors for crime and trespassers. So I get nervous when I hear or see people in the woods Why were we not informed that this project was back in effect? It was nothing for a year and a half than- BANG, we have 100 hundred new neighborhoods, a no sun backyard, and a brick wall to learn to appreciate. I apologize if I sound upset, but I kind of am. I received a phone call about 3-4 days ago from Mr. Nelson. He stated that a final City Council! City Planning Development was going to take place on 1215101 at 7:30pm. Unfortunately with this short notice I was unable to schedule another instructor to pick up my class. Especially now that it's 2 weeks before finals. I was unable to attend this meeting. Where do we stand? Do we have anything to say? Does our opinion count? There are several businesses across the street. Why do we need another one? I am not a bitter man. As a matter in fact, most people say I am a pretty nice guy. I would just like to voice an opinion, have our suggestions & concerns considered, and be informed on specific .tuations especially business developments that will be kissing my property. Thank you for your time and I look forward to your understanding and response. I can be reached at my home: (651) 635-9512 Studio: (651) 487-5395 Cell: (651) 285-2745. 2033 Cty Road D, Arden Hills, MN 55112 Have a great day! The Ristow Family! Sincerely, ~1 ~ . ...., . . . /1'"'" ,. iF t; 'J If / t. ~ - 10 December 2001 To Whom It May Concern: Weare the current owners of 203 0 Glen Paul Ave. We have the following concerns about the proposed building plans for the adjacent, vacant lot on County Road D and Cleveland Ave: I. The set -back variance requested for Ihe building and parking lot that will decrease our privacy and could affect property value; 2. The privacy that will be lost due to the building's having an upper level; 3. The water that will now be draining between the two properties due to the large parking lot and building. There will be a lot of water draining into the ditch. If it is clogged from piled snow or debris, it could flood the surrounding houses or property. Privacy is currently provided by a six foot privacy fence on top of the retaining wall. There is also an existing three foot chain link fence on the property line which does not provide privacy from the vacant lot. During the planning commission meeting held on December 5, Mark McGuire talked about the need to maintain the privacy offered by the fence. There was confusion about which fence Mark was referring to. Mark was referring to the six foot privacy fence set back ten feet from the property line on top of the retaining walL Mainlaining this privacy is necessary because Ihere is a two foot (larger on some properties) difference in elevation between our property and the vacant lot. Putting a six foot fence on the property line will not maintain the current privacy provided by the existing, set back privacy fence on top of the retaining wall. If a six foot fence is put on the property line, we will have plain view of the parking lot at all times. We are very concerned that the city is considering waiving the set back requirements for the parking 101. Furthermore I have learned from the commission meeting that Ihe building being considered will have an upper floor. When we purchased our bouse we considered the privacy we would lose when the lot was developed. I decided it would be very difficult to put a two story building on the 101 due to the size of the lot. We have come up with solutions that would be salisfactory to us. They are as follows: 1. Reduce building to one level and meet set back requirements for building and parking lot; 2. Build an eight-foot or higher privacy fence on the property line; 3. Leave the current privacy fence that is set back ten feet from tbe property line that sits on top of the retaining wall; 4. Provide an eight to ten foot hedge on top of the retaining wall that would provide year-round privacy and put a six foot fence on the property line. This option would require planting some type of pine or cedar tree tbat would not lose its leaves in the winter; 5. Require snow to be removed off-site; 6. Assure that the snow will not be piled in a way that interferes with drainage; 7. Drain water to other areas; ....,. . . . .. > 8. No manipulation of site plans if approved. Builders often manipulate plans to their benefit. We are open to other ideas for drainage and set back requirements and for privacy that will keep the same level of privacy that currently exists from the privacy fence built up from the retaining wall. 1 believe these are reasonable requests considering the variances that are being requested by the developer. If our needs are not addressed, we are willing to take our complaints to the next leveL Weare very serious and concerned about Ihese issues and are willing to do whatever is necessary in the future to have our concerns taken care of 1 have not had enough notice to address these issues. The first 1 heard of this is with the letter you sent out a little over a week ago. Some neighbors have not been notified and have not heard anything for over a year. Please give us more time. Sincerely, j(~~i~ ~~~~ Mark and Ruth McGuire Current owners of2030 Glen Paul Avenue, Arden Hills, MN 551 12 I , , 'j DRAFT ." MEETING MINUTES CITY COUNCIL WORKSESSION MONDAY, NOVEMBER 19, 2001 4:45 P.M. - CITY HALL, 1245 WEST IDGHWAY 96 CALL TO ORDER Mayor Probst called the meeting to order at 4:57 p.m. Councilmembers present were Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Staff present ineJuded City Administrator, Joe Lynch; City Accountant, Terry Post; Parks & Recreation and Interim Public Works Director, Tom Moore; City Planner, Aaron Parrish, and Recording Secretary, J aekie Gritz_ FINANCE DEPARTMENT 2002 Budl!et Discussion - Department Budgets City Aceo!lntant Post indieated handouts were not available; therefore he was not prepared to discuss this item. Purchase of Springhrook Software 2002 City Accountant Post indicated the current software (Banyon Data Systems) has been in place since 1993 and is not Windows based. Mr. Post indicated the current software has poor technical support as well. For these reasons, Mr. Post proposed to change to the Springbrook Software product thai surrounding cities already use. The Springbrook product is Windows based, cost competitive, and has greater technieal support. Mr. Post proposed implementation of the new software on January 1, 2002, running parallel software until it is deemed fully stable. Staff was directed to present this item on the Consent Calendar at the Deeember 10 meeting. e Joint Powers Agreement City Planner Parrish indieated Ihat the City is working on a eontraet with the City of Roseville in the amount of $20,000 for annual computer teehnical support. This contraet would ineJude the maintenanee of our server, systems integration and installation, problem solving, hardware maintenance and configuration, software updates, up-to-date virus protection, desktop operation support for employees that are having problems with a partieular file or problem, fiber, linking olher various parts of the City Hall, training, review of possible future software and reeommendations, and the continued hosting of the City's email and ARDEN HILLS CITY COUNCIL WORKSESSION _ NOVEMBER 19, 2001 Df~ A FT ", Proposed Technolol!v Poliev Mr. Parrish stated that due to the technology upgrades at the City Hall, a need for a Technology Policy has been established. Mr. Parrish noted the Technology Policy mainly addresses liability issues for the City and governs specific use for certain items. Mr. Parrish indicated the policy basically states to use common sense since all activities are monitored, and it outlines acceptable uses. Mr. Lynch noted a draft policy has been distributed to all employees and a meeting was held to review this policy as welL Staff was directed to include this on the Consent Calendar at the December 10 meeting. Review of Emerl!encv Operations Plan (EOP) Mr. Lynch noted he reviewed the Cily's EOP based on information he received on how to review these plans. Mr. Lyneh's comments are on Page three (3) of the handout, with Ihe most immediate underlined. He noted this building was built with the express purpose of running on a mobile emergency generator in the event of an emergeney. Mayor Probst reeommended that either the City Administrator or delegated slaffreview the EOP and make a recommendation on whether it can be completed by city Staff or if a task force should be appointed. . - Maintenance and Operations Superintendent Position Mr. Lynch indicated he had previously approached the City Council regarding the Maintenance and Operations Superintendent Position and was requested to provide an organizational structure to depict his proposed plans. Mr. Lynch said he spoke with Jim Perron, current Public Works Foreman, who indicated his desire to move into this new position, but there was coneern over the speed of implementation. Mayor Probst asked if Jim Perron would be willing to move into the position at a lower salary now with potential adjustments to the salary pending Labor Relations Assoeiates review of Pay Equity Points compliance. Councilmember Grant noted he is concerned we are not moving forward with Ihe new organizational structure formally. He also noted he would like to see what the [mancial impact of this new organizational structure will be. Mr. Lynch indicated he would have the Labor Relations Associates draft job descriptions by Monday, November 27,2001. Councilmember Aplikowski noted she believes a probationary period was needed for Jim Perron's new position. Councilmember Larson agreed. Staff was directed to include this item on the Consent Calendar at the December 10 meeting and proceed with hiring Mr. Perron pending the salary informalion from Labor Relations Associates. e 2002 Committee Assil!nment Process No information was presenled on this item. F-" L.;;,;'L l'. r:I!:rr- i-e,~t{ - t ARDEN HILLS CITY COUNCIL WORKSESSION - NOVEMBER 19, 2001 5 '" COUNCIL COMMENTS Mayor Probst indicated it was his desire to have a document drafted for the National Guard's review regarding the land transfer. Mayor Probst noted that the I-35W Corridor Coalition progress to date. He believes the City will have the support from the Coalition to open up opportunities for Arden Hills. Mayor Probsl indicated the National Guard has expressed a willingness to move the Army vehicles from the west side of our property. He expressed a need to push the issue. Councilmember Grant asked Mayor Probst to send a formal letter requesting a need to relocate the vehicles. Councilmember Aplikowski noted she believes we should begin talking about the next retreat. Councilmernber Aplikowski noted she read in our AMM FAX that more Metropolitan Staff people were being hired. Councilmember Rem commented on the upcoming Trinity Church meeting at the end of November and would like further information. - Councilmernber Larson noted he had the opportunity to bring back information on Mills Corporation. He noted he visited a couple Mills sites and came away from viewing both of the sites not very enthusiastically. He believes he would prefer to see some commercial development. ADJOURN Mayor Probst adjourned the meeting to an Executive Session at 8:12 p.m. by consensus. EXECUTIVE SESSION City Council went into Executive Session to review the performance evaluation of a City employee. There was no action taken or direction given by the City Council as a result of the Executive Session. ADJOURN Mayor Probst adjourned meeting at 9:35 p.m. by consensus. e ~. tit . tit CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12110/01 COUNCIL MEETING CLAIMS PAID SINCE LAST COUNCIL MEETING (Il/26/0J) PAGE I OF 3 J1~l .....j:;!(ji!ltt, 20391 20392 20393 20394 20395 20396 20397 20398 20399 20400 20401 20402 20403 20404 20405 20406 20407 20408 20409 20410 20411 11126/01 11/27/01 11127/01 11127/01 1l/27/O1 11/27/01 11/30/01 11130/01 12/03/01 12/03/01 12/03/01 12/03/01 12/03/01 12/03/01 12/03/Ot 12/03/01 12/03/01 12/03/01 12/05/01 12/05/01 12/05/01 Postmaster-St. Paul Stanton Grou -FSA De artment Health Partners Lake Coun Service Coo erative Ci ofRoseville Rochon Co oration Parrish Aaron Bob Grasle Treasurer-Fire Relief Assoc Cub Foods Charlie Brown E-2 Rec elin Inc. Henne in Technical Colle e Rams Coun North Star Cha ter Fortis Benefits Fortis Benefits l\1N Mutual Life Affini Plus Federal Credit Union Ha Faces Olson Michelle leMA Retirement Trust-457 Subtotal - Paid Claims 1,700.00 142.70 449.92 3515.40 18220.00 149,310.63 138.95 163,574.00 71.13 50.00 4 855.00 60.00 55,812.22 45.00 298.23 220.50 147.20 4,825.56 40.00 220.94 2,209.08 405,906.46 Posta e-Permit # 1962 Da care Reimbursement 11109101 Dental Insurance-December Insurance-December S rin brook Software & Maintenance Pa Est #13-New Ci Hall Construction Software Ex ense Reimbursement 2001 State Fire Aid 150 Donut.;;-Breakfast w/Santa Santa Clause-Breakfast w/Santa November Service MN Comm Veh Ins ector Re-Cert. -Moone' November Law Enforcement 2002 Membershi -Scherbel December Lon Term Disabili December Short Tenn Disabili December Life Insurance First December Pa 011 Breakfast w/Santa-Face Painter Milea elEx ense Reimbursement First December Pa 011 Note: Checks for unpaid claims totaling $49,272.28 were mailed on November 27,2001 after approval at the November 26, 200 1 Council Meeting. They were check numbers 20345 -20390. This sequence corresponds to unpaid temporary numbers TOl - T46. Check numbers 20343 - 20345 were used for alignment. Paid Claims From Above - 405,906.46 Add Unpaid Claims, Page 3 of 3 - 43 679.79 Total Accounts Payable Claims for Council Approval, 12/10101- 449,586.25 ,.,dy/.=.nt'l"'Y"bl<l<l.im,1 CITY OF ARDEN HILLS ACCOUNTS PAY ABLE CLAIMS REPORT TO BE APPROVED AT 12110/01 COUNCIL MEETING PAGE2QF3 UNPAID CLAIMS REGISTER: ttlilO? .jjkiMiiJ ~ &\i(iMtt? Tal 12/11101 ADT Security Services, Inc. 112.46 Additional Security Service thru 10102 T02 12111101 Advantill!e Paner 357.72 City Hall & Public Works Supplies T03 12/11101 Architectural Alliance 3,214.80 Refumishin.s-CH-8/25-9/21/0 I T04 l2IllIOI Arden Hills Tire & Service Center 387.03 Tires #53 & #60 !Parks) T05 t2/11/01 Bover Ford Trucks Inc. 353.42 Fuel Tank #107/Misc Parts #109 & #111 T06 12/11101 Braun Intcrtec 823.25 Construction Testing-Engineering T07 12/11101 Coverall of the Twin Cities 1407.50 Cleanin2 Service-December T08 12/11101 Engel Laurene 74.00 Craft Class Supplies T09 12/11101 Frattallonets Hardware 124.22 November Purchases TI0 12/11101 Freyberger, Scott 39.98 200] Unifonn Purchase Tll 12/11/01 Grainger Inc. 40.50 Ear Plugs & Utility Knife Tl2 12/11101 Har Mar Lock & Service Center 40.47 Keys-New City Hall Tl3 12111101 Hannon Auto Glass 244.77 Rcoair Window #13 Tl4 12111101 LD.O.E. Local 49 232.00 November Pavroll Deductions Tl5 12/1110t Kath Auto Parts 134.22 November Purchases T16 12/t 1/01 McDonald Batterv Company 37.28 Batterv # 108 T17 12/11101 Menards 131.33 City Hall Utilitv Room Tl8 12I1110t Midwest AsnhaIt Comoration 216.29 Road Renair Materials Tt9 12/t 1101 MN Department of Health 3230.00 Water Connect Fee 4QOl T20 12111/01 JvfN Safety Council 25.00 Safety V ideo T21 12/11101 NCPERS GrOUD Life Insurance 48.00 PERA Life-December T22 12/11/01 Nextel Communications 408.10 Cellular Pbones t 0/19-11/18/0 I T23 12/11/01 Office Depot 226.93 Office Supplies & COpy Paper T24/T25 12/11/01 Peterson, Frarn & Bermlan PA 6,200.28 October Legal Fees T26 1211110t Pink Business Interiors 1,826.12 Floor Mats-Citv Hall T27 12111/01 Pitney Bowes 218.60 Postage Meter RentIReset T28 12111/01 Post, Terrance t9.67 Mileage Reimbursement T29 12111/01 Purchase Power 625.43 Postage-Meter TlO 12/11/01 Ramsev County 741.27 Fuel Purchases Tl1 12/11101 Richards, Dan 25.67 Milea2e Reimbursement (P&R) Tl2 12/11101 Roseville, City of 5,550.00 IT Support-City Hall Tl3 12/11101 Scherbel David 89.41 MileagelExpense Reimbursement T34 12/11/01 Short Elliott Hendrickson, Ine 4812.21 Local SWMPlan 9/1-10/31/01 Tl5 12/1110t State ofMN-Dent of Admin 1,019.85 Phone Service T36 12/11I01 Stowell Sheila 19.46 Mileage Reimbursement 137 12111/01 TimeSaver Off-Site Secretarial 423.25 Rec See-CC 10/29 & PC 11107 TJ8 12111101 TruGrecn-Chemlawn 25.82 Sidewalk Salt Tl9 12111/01 United Way 260.00 Jan-Dec 2001 Payroll Deductions T40 12/t1lOl Universal Licensing Service 80.00 FCC Filing Fecs T41 t2/11101 University of Minnesota 315.00 Seminar 2/20~M. Olson II Total- Unpaid Claims - 34,161.31 II .."dyi'="""'po~.bl.;.I.;m'] r e e e ~ e . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12/]0/01 COUNCIL MEETING UNPAID CLAIMS REGISTER: ((...(?I( ..AMtMlt'(I( .OOMM~NtK( ....................... .....".".".".".". ...............'..,.,'...................'...... .....".".".".". ........,.....,..'.'...'..,...........,..,.... ......... .". ::(ttMti;:::'f:::tj4:ij4-jt)f\::V$~;:: T42 T43 T44 T45 T46 ]2/] 1101 1 21 ll/O I 12/11/0] 12/11/0] ]2/11/01 URSIBRW Verizon Wireless Xeel Enenzv Xerox Comoration y ellow P~9'es 5,050.42 9399 3 256.38 830.69 287.00 Subtotal, Page 3 of 3 - Page 2 of 3 Brau.ht Forward- Total Unnaid Claims --- 9,518.48 34,]61.31 43,679.79 Enoineerinp Fees 10/13-11/19/01 Cellular Phone Service November Service Dee Conier Lease/Oct Base Chan!:e 2002 Listing PAGE30F3 ,:,:,:::,:::::::::::::,:::::::::,:,::::;::, ...:"""'-"':":":":":":'.:';;.:,-.-'. ..1IlI~.'ac'o'n" f'O.)~bl"'c~im.1 " " ~ M :'-0I';l " " " " " 00 ~ " " " " U'l <0 <0 .. .. :<c<:. <0 <0 <0 ~ .Q N '" :.\1;) .. .g:.: of :.:.~r ll<: :..... ~ ,~, :y M M ~ M .::~ ~ '" " :-:~. 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S2 u ,s.. c; " u r;:: -' Z '" '=' a d o c> i6:: C> C> '0' d 0 ~:: :2: ",. ,:!';.. ~. E .w- ,"" ..;;,. <( .o<~ '" ::E~. ~- u ,~. A.; _~. e e , ~ ~ 1 , 1 }; ] ~ 0 ~ 1 ~ 0 , Ii ~ :I " ~ ; ~ 0 .i .0 :g g , , E ~ ~ 0 , 1 ~ "I , ~ . , ~ 0 ] ~ ;; .~ , 0 ] l 0 0 ~ ~ ~ ~ :t I E , e l e e e ~ ~~ILLS MEMORANDUM TO: Mayor and City Council FROM: Joe Lynch, City Administrato~~ SUBJECT: 2002 Pay Plan and Benefit Reimbursement DATE: December 6, 2001 cc: Terry Post, City Accountant Tom Moore, Interim Public Works Direction and Parks and Recreation Director Backl!round Each year the City Council reviews and determines whether or not to make an adjustment to the pay plan in place and the current level of benefit reimbursement coverage provided to the employees of the City. The Pay Plan is the current configuration of salary ranges for each position within the City. An adjustment to the Pay Plan is an adjustment to the salary range for each position. The current benefit reimbursement coverage provided by the City is $400. This is intended to cover the cost of single health and dental insurance for each employee. Recently the City Council decided to allow those employees who elect single health and dental coverage to use the difference between our costs and the reimbursement level for deferred compensation. The cost of single health insurance will be $261.16 and the cost for single dental insurance will be $31.49 beginning January I, 2002. Recommendation Staff recommends that the City Council adjust the 2002 Pay Plan for the City of Arden Hills 3% and adjust the benefit reimbursement amount by 3% as well (to $412 for all non-union employees) as of January I, 2002. e e e ~ ~~HILLS MEMORANDUM TO: Mayor and City Council . Joe Lynch, City Administrator ~~-- Office Support Specialist pos~ FROM: SUBJECT: DATE: December 6,2001 BACKGROUND Jackie Gritz and Julie Bateman have completed their six months probationary period with the City of Arden Hills in the position of Office Support Specialist. I have met with Tom Moore and Terry Post to evaluate the performance of each individual and their respective roles and relationships with Mr. Moore and Mr. Post. RECOMMENDATION Staffrecommends that Jackie Gritz and Julie Bateman be appointed to the position of Office Support Specialist with the City of Arden Hills on a regular, full-time basis. e e e ~ ~~HILLS CITY OF ARDEN HILLS MEMORANDUM DATE: December 6, 2001 TO: Joe Lynch, City Administrator Terrance R. Post, City Acconntant @) Bingo Hall License Renewal Application FROM: SUBJECT: This renewal application is from applicant Pot 0' Gold for the period from June I, 2002 to May 31, 2003. Staff is not aware of any issues that would cause staff not to recommend approval of this resolution. A representative of the Bingo Hall may be in attendance at the meeting for any questions the City Council may have regarding this renewal application. Recommendation Staff recommends that the Arden Hills City Council approve Resolution No. 01-25, "A Resolution Approving Bingo Hall License Renewal Application," at the regular Council meeting on December 10, 200 I. CITY OF ARDEN HILLS COUNTY OF RAMSEY ST ATE OF MINNESOTA RESOLUTION NO. 01-25 RESOLUTION APPROVING BINGO HALL LICENSE RENEWAL APPLICATION THEREFORE, BE IT RESOLVED, that the City of Arden Hills agrees to approve the Bingo Hall Renewal License Application for the Arden Hills Bingo Hall (Pot-O-Gold) from Goldie K. Siedow, 3776 Connelly, Arden Hills, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 10TH DAY OF DECEMBER, 2001. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR e e e '. e e . ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: December 4, 2001 TO: Mayor and City Council Joe Lynch, City Administrator FROM: Aaron Parrish, City Planner SUBJECT: Technology Policy Backaround Attached is a revised Technology Policy based on input provided at the November Work Session. Aside from adding page numbers to the document and some grammatical corrections, the only other change that was made is outlined below: Original SECTION IV. Uses of E-mail System The City's e-mail system is for official City business and it shall be unacceptable to use the system for unrelated purposes, including but not limited to the following: Revised SECTION IV. Uses of E-mail System The City's e-mail system shall not be used for unacceptable or unrelated purposes, including but not limited to the following: Please feel free to contact me if you should have any questions. Thank you for your time and consideration. Requested Action Consider approval of the attached Technology Policy. .' e . . . 7J!... '..~~~""J'\0 . ~ - .. ..'..!).'. ,... '"t'F' ;('1 Hi ;,,), '--,; ", ">: >': c,';: y';,' >,' -: 'ii-i' <;' _ 'J.' . . ~ ~",J e Adopted , 2001 e '. e e e City of Arden Hills Technology Policy Section HeadinQs Page Number I. Purposes 1 II. Statement of Policy 1 III. Use of Internet 2 IV. Use of E-mail 4 V. Security & Virus Protection 5 VI. Other Technology Issues 5 VII. Enforcement 7 VIII. Consent AQreement 7 City of Arden Hills Technology Policy SECTION I. Purposes The purposes of the City of Arden Hill's computer and other electronic systems, including but not limited to, electronic mail (e-mail) and the internet, are to provide an efficient and effective means of internal and external communications and to improve work product. This policy addresses access to and disclosure of information from such electronic systems. Among other things, this policy is intended to guide City employees, volunteers, and contractors in the performance of their duties. This policy serves as notice to the employees, volunteers, and contractors of the City that all data, including any that is stored or printed as a document, is subject to audit and review. There is no expectation of personal privacy in the use of the internet and e-mail systems when using the computers or services provided by the City. Finally, this policy serves to delineate acceptable use of the internet and e-mail systems by City employees, volunteers, and contractors (collectively also referred to as "users" or "employees") while using government owned/leased equipment, facilities, internet addresses, domain names, and/or e-mail services registered to or provided by the City of Arden Hills. It seeks to ensure that the use of the internet and e-mail systems by City employees, volunteers, and contractors while conducting work for the City andlor while using City provided systems is consistent with the City's policies, all applicable laws, and the individual user's job responsibilities. SECTION II. Statement of Policy e The City promotes internet and e-mail use that enables employees, volunteers, and contractors to perform City missions and encourages its employees, volunteers, and contractors to develop skill in the usage of internet and e-mail. It is expected that employees will use the internet and e-mail to improve their job knowledge; to access scientific, technical, and other information on topics which have relevance to the City; and to communicate with their peers in other government agencies, academia, and industry on matters of relevance to their work for the City. A. Responsible Use Users are advised not to the use the internet or e-mail systems for any purpose which would reflect negatively on the City or its employees. e B. Property of the City of Arden Hills The City's e-mail and internet systems are business tools. These systems shall be used in a professional manner for legitimate business purposes only and, at all times, remain the property of the City. C. Scope: This policy applies to: (1) All technical resources that are owned or leased by the City, (2) That are used on or accessed from City premises, or that are used for City business. This policy also applies to all activities using any City paid accounts, subscriptions, or other technical services, such as internet access and e-mail, whether or not the activities are conducted from City premises; and e 1 e e e City of Arden Hills Technology Policy (3) All full or part-time employees of the City, volunteers, and contractors who are authorized to use City resources to access the internet or e-mail systems. D. Information is not Private: The City computers and data stored on them are, and remain at all times, the property of the City. As such, all messages created, sent, or retrieved over the internet or the City's e-mail system are the property of the City, and should not be considered private. Employees have no right to privacy as to any information or file transmitted through or stored in the city's computer systems, e-mail, or other technical resources. E. Use of Respect for Others: Access to the internet via City resources and the use of City provided e-mail must only be used for City purposes. To that end, the use shall not disrupt or interfere with the work of other network users, adversely affect the operation of the internet or the City's own internal network, or misrepresent the interests of the City. F. Monitoring and Disclosure: The City reserves the right to access, retrieve, read, and disclose any data, messages, or files stored on City funded systems for any purpose. Employees should be aware that, even when a message is erased or a visit to a web site is closed, it is still possible to re create the message or locate the web site. The City reserves the right to monitor the use of the systems to prevent abuse, enforce other policies, and access information. Access may occur in, but is not limited to, situations indicating: (1) impropriety, (2) violation of a City policy, (3) legal requirements, (4) suspected criminal activities, (5) breach of system security, (6) to locate substantive information or to monitor employee performance and conduct. The contents of these systems may be disclosed by City management within or outside the City without employee permission. Furthermore, all communications including text and images may be disclosed to law enforcement or other third parties without prior consent of the sender or receiver. The City has unlimited access to protect the security of these systems and the City's property rights. G. Consent: All of the City employees, volunteers, and contractors who are provided access to the City's internet and e-mail systems are required to abide by the City's policy contained here and in other relevant documents. SECTION III. Use of the Internet The City provides internet access to some employees for their use in performing their duties for the City. All City employeesy are responsible for using internet resources in an effective, ethical, and lawful manner. It is the City policy that internet resources, like other City assets, be used for the benefit of the City. All internet use should be congruent with the City's overall government policies. The City reserves the right to monitor andlor log all network activity with or without notice, including all web site communications, and therefore, users should have no expectations of privacy in the use of these resources. Use of the system in violation of this or other City policies is prohibited and may lead to disciplinary action, up to and including termination. A. Uses that are acceptable and encouraged: 2 City of Arden Hills Technology Policy (1) Communications and information exchanges directly relating to the mission and work tasks of the City; (2) Announcements of City procedures, meetings, policies, services, or activities; (3) Use for advisory, standards, research, analysis, professional development or development activities directly related to the user's City job-related duties; (4) Use in applying for or administering grants or contracts for City programs and activities. B. Uses that are unacceptable It is unacceptable for a user to access, use, submit, publish, display, download, save, or transmit on the network, or on any computer system, any information which: (1) Violates or infringes on the rights of any other person, including the right to privacy; (2) Contains defamatory, false, inaccurate, abusive, obscene, pornographic, profane, sexually oriented, threatening, racially offensive, or other biased, discriminatory, or illegal material; (3) Violates City regulations prohibiting sexual harassment; (4) Restricts or inhibits other users from using the system or efficiency of the computer systems (5) Encourages the use of controlled substances or uses the system for the purpose of criminal intent; or (6) Uses the system for any other illegal purpose. C. It is also unacceptable for a user to use the facilities and capabilities of the system to: e (1) Conduct any non-approved business; (2) Solicit the performance of any activity that is prohibited by law; (3) Transmit material, information or software in violation of any state, local, or federal law; (4) Conduct any political activity; (5) Conduct any non-City fund raising or public relations activities; (6) Download software authorization of administrator; without prior the network (7) Download music, video, and related media files that have no business purpose; e (8) Engage in any activity for personal gain or personal business transactions; or (9) Make any unauthorized purchases. D. Copyrighted Material: Users may download copyrighted material, but its use must be strictly within the agreement as posted by the author or current copyright law. The federal Copyright Act at 17 U.S.C. 101 et seq. (1988), protects and prohibits use of all original works of authorship in any tangible medium of expression. This includes a prohibition on plagiarism (using someone else's ideas or writing and passing it on as one's own). E. E-mail: e 3 e e e City of Arden Hills Technology Policy Internet e-mail is considered network activity; thus, it is subject to all policies regarding acceptablelunacceptable uses of the internet as well as the City's e-mail policy. Users should not consider internet e-mail to be private or secure. F. Passwords Access to the internet may require a password, and authorized employees are prohibited from giving their password to any other person, except as provided for in this policy. The password remains the property of the City, and all passwords must be disclosed to the Director of Administration. SECTION IV. Uses of E-mail System The City provides an e-mail system to employees for their use in performing their duties for the City. All employees of the City are responsible for using the e-mail system in an effective, ethical, and lawful manner. It is the City policy that the e- mail system, like other City assets, be used for the benefit of the City. All e-mail use should be congruent with the City's overall government policies. The City reserves the right to monitor andlor log all network activity with or without notice, including all web site communications; and, therefore, users should have no expectation of privacy in the use of these resources. Use of the system in violation of this or other City policies is prohibited and may lead to disciplinary action, up to and including termination. A. The City's e-mail system shall not be used for unacceptable or unrelated purposes, including but not limited to the following: (1) To send or receive "chain" or similar type "letters." (2) To send and receive music, video, and related media files that have no business purpose. (3) To send and receive software without prior authorization of the network administrator. (4) To send or receive documents in violation of copyright or other laws. (5) To knowingly open mail not directed to you. Except to the extent that the City reserves the right to access and review all electronic uses and records, e- mail messages are confidential. (6) To send messages in violation of City security policies. (7) To forward electronic messages without a legitimate business purpose, under circumstances likely to lead to embarrassment of the sender or to violate the clearly expressed desire of the sender to restrict additional dissemination. (8) To send messages that are false or misleading, inaccurate, abusive, obscene, pornographic, profane, sexually-oriented, threatening, offensive, discriminatory, or illegal, including but not limited to sending messages under an assumed name or with intent to obscure the origin of the message. (9) To solicit or prosely1ize for commercial ventures, religious or political causes, outside organizations other non-job related solicitations. B. Avoid "carbon copying" individuals who have no direct involvement or 4 City of Arden Hills Technology Policy "need to know." Likewise, e-mail to all users should only be used on very rare occasions when every person on the system has a direct need to know. C. Avoid "forwarding" e-mail to a third party unless necessary (see "carbon copying). When forwarding, explain the reason for the forwarding action and edit out any potentially inappropriate contents. If in doubt about the appropriateness of forwarding a given piece of mail, check with the originator for guidance. D. When sending an e-mail requiring "action," be sure to indicate which mail recipient(s) is/are to take action. E. Do not "say" anything in an e-mail message that could prove embarrassing or compromising to you, the City, or others. Each employee is responsible for the content of all text, audio, or images they transmit. F. Avoid potentially contentious exchanges through e-mail. G. Confidential and sensitive information such as performance reviews, disciplinary and/or corrective actions, attorney-client privileged information, personnel information, private data as outlined in the Minnesota Government Data Practices Act, and health or medical information should not be communicated via e-mail. H. Communications which would be inappropriate under other City policies are equally unacceptable if delivered via electronic communication. These communications may include, but are not limited to, harassing or discriminatory comments, breaches of confidentiality, and insubordinate statements. I. Use your common sense in determining when to use e-mail, in what is said, and to whom. Remember that electronic communication is not private and the City reserves the right to monitor and review all communications originating from or entering its computer systems. e SECTION V. Security and Virus Protection A. E-mail and/or internet access may utilize passwords for security; however employees should be aware that the reliability of such tools for maintaining confidentiality cannot be guaranteed. Additionally, all passwords must be made known to the City through the Director of Administration, and passwords not known to the City shall not be used. B. To prevent computer viruses from being transmitted through the system, employees are not permitted to download or install any software onto their computers or any drives in those computers. When downloading a fife or opening an e-mail attachment, users must scan all materials with City provided virus protection software. Additional consideration of policies and communications from the City's network administrator should also be used in determining how to handle potentially damaging e-mail or fifes. e SECTION VI. Other Technology Issues Beyond the use of internet and e-mail, there are several other issues to consider when utilizing City-owned technology, including personal computer and network usage. . 5 e e e City of Arden Hills Technology Policy A. Copying Software and Programs Most computer software and programs are copyrighted, and it is illegal to make multiple copies. Employees may only copy and use software in accordance with the software license agreement. If there is any question about the appropriate use of the software, employees should contact the Director of Administration. B. Only Authorized Software Allowed No external, personal, or downloaded software and/or hardware shall be installed without prior approval by the network administrator. C. Backing Up/Deleting Files All files stored on the network will be backed up on a regular basis. Files that are stored on a users hard drive will not be backed up. D. Management of Files Because the storage capacity of the network is limited, all users are responsible for deleting outdated files. Users are also responsible minimizing the amount of large files such as graphics contained on the network. E. Work Product Ownership All information developed on a City computer system or introduced to a City computer system is the property of the City, regardless of where it was created. Likewise, all information developed by a City employee on computers outside of the City, if in conjunction with his or her employment with the City, is the property of the City, regardless of where it was created. F. Network Virus Protection Users shall not change their system configuration or take other steps to defeat virus protection devices or systems. Individual employees are responsible for verifying that disks and other storage media used or received from outside computers are scanned for viruses prior to their use on City computers. Please request assistance if you are unsure of how to scan files, disks, or related storage media for viruses. G. Access to Data A user's ability to view, add, or modify the configuration of their PC's and network files is based on access rights configured by the network administrator. These can be changed if needed. Contact the network administrator to request changes to user access rights. H. Calendar/Scheduler Use Policy All employees who have Microsoft Outlook should use the calendar/scheduler feature to schedule all appointments and meetings. All meetings, vacations, and appointments should be updated on calendars on a daily basis. I. Computer Training Employees are encouraged to seek additional training and education in the use of software applications and related technology. Training should be pertinent to the employee's job responsibilities and, to the extent possible should take place outside the normal workday. On a case-by-case basis, the cost of training will be incurred by the City depending on the availability of funds and City needs. An employee must have prior 6 City of Arden Hills Technology Policy authorization from their supervisor to enroll in any training paid for by the City. SECTION VII. Enforcement This policy is intended to be illustrative of the range of acceptable and unacceptable uses of the internet and e-mail systems provided by the City and is not necessarily exhaustive. Questions about specific uses should be directed to the user's supervisor. Prior to accessing the internet and e-mail systems, employees shall review this policy and sign the attached consent form. The Director of Administration and/or the employees supervisor will review alleged or suspected violations of this policy, and clear violations may result in disciplinary actions. Any user violating these provisions or applicable local, state, or federal laws is subject to immediate loss of or restrictions on interneUe-mail privileges, additional disciplinary actions, up to and including termination of employment, and/or criminal prosecution. SECTION VIII. Consent Agreement As a condition of employment, all City employees must acknowledge that all computer and electronic systems, including but not limited to, e-mail and internet network activity, are the property of the City and, therefore, they should not consider any activity to be private. Prior to obtaining access to the internet or e- mail systems, employees must sign the consent form provided. By signing the consent form, users acknowledge that they have received a copy of this policy, read it, and understand the City's policy and the potential penalties for non- compliance. . e e e 7 . e e e City of Arden Hills Technology Policy City of Arden Hills Consent Form on Employee Use of E-mail, Internet, and Related Technology I, , have read the City's Technology Policy governing employee use of e-mail, internet, and related technology and agree to comply with all of its terms and conditions. I understand and agree that all computer and electronic activity, including but not limited to electronic mail and internet network activity being conducted with City resources is the property of the City. I acknowledge and consent to the City's right to monitor, log, access, and review all such activity, with or without notice, and, therefore, I have no expectation of privacy in the use of these resources. I understand that such monitoring may include printing and reading all electronic mail and data entering, leaving, or stored on the City's equipment. Finally, I understand that violation of this Policy may subject me to discipline, up to and including, termination of employment. Employee Name (Printed) Date Employee Signature I j e e e CITY OF ARDEN HILLS MEMORANDUM DATE: December 5, 2001 TO: Mayor and City Council Terrance R. Post, City Accountant @ Municipal Excess Liability Insurance Coverage FROM: SUBJECT: Backe:round Staff has been working with T.C. Field & Company on its 2002 liability insurance policy renewal. One of the items the City Council must take action on annually is a determination on its Excess Liability coverage. For 2002, the statutory municipal tort liability limit is $300,000 per claimant, with a $750,000 limit total that all claimants would be able to recover for a single occurrence. In recent years, the City Council has elected not to waive the monetary limits on tort liability. Recommendation Staff recommends the City Council adopt a motion electing not to waive the monetary limits on tort liability established by Minnesota Statutes in the area of Excess Liability coverage. \ LMCIT LIABILITY COVERAGE - WAIVER FORM e Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $750,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $750,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the nwnber of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. e This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of Ar<..D~JJ HILL) accepts liability coverage limits of$---.:r;G.( L1",'\r,Sfrom the League of Minnesota Cities Insurance Trust (LMCIT). Check one: X The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. _ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting ~~ (-f.N'll1S \ 0 , 100 \ / Signature Position Return this completedfonn to LMClT, 145 University Ave. W.. St. Paul, MN. 55103-2044 e Page I of ] ! e e e ~ ~~HILLS ;"" December 3,2001 Mr. Paul Moe Minnesota Department of Trade and Economic Development 500 Metro Square 121 - 7th Place East SI. Paul, MN 55101 RE: City of Arden Hills, MN $2,250,000 Health Care Facility Revenue Note (Presbyterian Homes Bloomington Care Center, Inc. Project), Series 2001A Dear Mr. Moe: Attached hereto in duplicate is the application of the City of Arden Hills, Minnesota, for approval of the above referenced project (the "Project") including a copy ofthe Resolution giving preliminary approval for the issuance of the Note adopted by the City Council on September 10, 2001. As indicated in the attached Resolution, we believe that this Project fully meets the public purpose requirements of Minnesota Statutes, Sections 469.152 to 469.1651 (the "Act"). We also believe that the Proj ect will serve the interests of the community by providing health care services and helping to expand and diversify the community's industrial economic base. Reference is made to the Resolution for a more definitive statement of the public purposes served by the financing. The Project does not contain any property to be sold or affixed or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. The City has complied with the notice and hearing requirements of Minnesota Statutes, Section 469.154, subdivision 4, and agrees it will comply with the reporting requirements set forth in Minnesota Statutes, Section 469.154, subdivisions 5 and 7. The public hearing was held on September 10, 2001, at the Arden Hills City Hall, a draft copy of the enclosed application with all attachments was available for public inspection and all interested parties were afforded an opportunity to express their views. City of Arden Hills . 1245 'Vest Highway 96 . Al'den Hills; MN . 55112.5794 Phone 651.634.5120 . Fax 651.634.5137 . www.d.a.-den-hills.mn.us Me. Paul Moc. MnDTED Page Two December 3, 2001 The City will undertake to encourage that the employment opportunities made available by the Project will, iffeasible, be offered to individuals who are unemployed or who are economically disadvantaged. We respectfully request prompt approval by the Minnesota Department of Trade and Economic Development of the Project under the provisions of the Act. Sincerely, City of Arden Hills Dennis Probst Mayor Enclosures . e e _<eVised Feb. 2001 STATE OF MI1\NESOTA MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION APPLJCA TION FOR APPROVAL OF INDUSTRIAL DEVELOPMENT BOND PROJECT PURSUANT TO MINNESOTA STATUTES, SECTION 469.152 THROUGH 469.165 (Please submit this form in duplicate -all supporting data iu single copy only) Date: Sentember 10.2001 The governing body of the Citv of Arden Hills. Couuty of Ramsev , Minnesota, hereby applies to the Minnesota Department of Trade and Ecouomic Developmeut (Department) for approval of a proposed Industrial Development Bond issue as required by Minn. Stat. S469.152 - 469.165. Address oflssuer Arden Hills City Hall. 4364 West Round Lake Road Ardent Hills. MN 56374-04518 Altn: Joe Lvnch. Citv Administrator Telephone: 651-633-5676 Fax: We have entered into preliminary discussions with: Firm: Presbyterian Homes Bloomin2ton Care Center. Inc. Attorney: Messerli & Kramer Address: 3220 Lake Johanna Boulevard Address: 150 South 5th Street. Suite 1800 _City: Arden Hills State: MN Zip: 55112 City: Minneaoolis State: MN Zip: 55402 Name of Project: Presbyterian Homes Bloominllton Care Center. Inc. Proiect This firm is engaged primarily in (nature of business): Providing health care The proceeds from the sale of the Industrial Development Bonds will be used to (describe the project): Refinance caoital costs incurred at the Bloomilllrton Care Center and McKni2:ht Care Center nursimr homes Address of Project: Bloomington Care Center. 401 W. 95'h St.. Bloomington. Minnesota McKnight Care Center. 3220 Lake Johanna Boulevard. Arden Hills. Minnesota Acquisition of Land: (Refinancing) New construction: Demolition and site preparation: Acquisition and installation of Equipment: (Refinancing) Fees: Architectural, engineering, inspection, fiscal, legal, administration, or printing: Construction Interest: Initial Bond Reserve: Contingencies: Other: $ 1.402.809 707.191 50.000 e TOTAL: $ 2.250.000 21060vl It is presently estimated that construction will begin on or about N/A (RefinancinQ) ,200_ and will be complete ona or about N/A (Refinancing) 200_. When completed, there will be approximately N/A new jobs created by th'9 project at an annnal payroll ofapproximate1y $ N/A based npon currently prevailing wages. (If applicable) There are ~ existing jobs provided by business. (If applicable) There will be level $ NI A N/A jobs created by construction of the project. Number of hours N/A Average wage Repayment of the proposed issue will be amortized over a period of 20 years. The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that the proposal constitutes a project under Minn. Stat. 1}469.153, subd. 2. 2. A copy of the resolution by the governing body of the issuer giving preliminary approval for the issuance of its revenue bonds and stating that the project, except for a project under Minn. Stat. 1}469.l53, subd. 2(g) or (j) would not be undertaken but for the availability ofIndustrial Development Bond financing. 3. A comprehensive statement by the municipality indicating how the project satisfies the public or purpose and policies of Minn. Stat. 1}469.l52 -469.165. 4. A letter of intent to purchase the bond issue or a letter confirrning the feasibility of the project from a [mancial standpoint. 5. A statement signed by the principal representative of the issuing authority to the effect that upon entering into the revenue agreement, the infonnation required by Minn. Stat. 1}469.154, subd. 5 will be submitted to the Department (not applicable to project under Minn. Stat. 1}469.153, subd. 2(g) or (j). 6. A statement signed by the principal representative of the issuing authority that the project does not include any property to bA sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented 0" used as a permanent residence. 7. A statement signed by a representative of the issuing authority that a public hearing was conducted pursuant to Minn. Stat. 1}469.l54, subd. 4. The statement shall include the date, time and place of the meeting and certify that a draft copy of this application with all attachments was available for public inspection and that all interested parties were afforded an opportunity to express their views. 8. Copies of notice(s) as published which indicate the daters) of publication and the newspaper(s) in which the notice(s) were published. 9. Provide a plan for compliance of employment preference of economically disadvantaged or unemployed individuals. (See Minn. Stat. 1}469.154, subd. 7.) e 21060v1 aWe, the undersigned, are duly elected representatives of the Citv of Arden Hills .,finncsota and solicit your approval of this project at your earliest convenience so that we may caIT)' it to a final conclusion. Signcd by: (Principal Officers or Representatives of Issuing Authority; tvoe or Drin! official's name on the line to the left of the signature line. Thank you.) DeIlllis Prohst MayorJchair Signature Joe Lvnch Title Signature This approval shall not he decmed to be an approval by the Department of the State of the feasibility of the project or the tenns of the revenue agreement to be executed or the bonds to be issued therefor. Authorized Signature, MiIlllesota Department of Trade and Economic Development Date of Approval Please return to: e Minnesota Department of Trade and Economic Development Attn: Paul A. Moe, Director Office of Business Finance 500 Metro Square Building 121 Seventh Place East St. Paul, Minnesota 55101-2146 Phone: 651-297-1397 Fax: 651-296-5287 e 21060v] BRIGGS AND MORGAN 2200 First National Bank Building 332 Mimlesota Street Saint Paul, Minnesota 55101 Telephone (651) 223-6600 _ Facsimile (651) 223-6450.. Professional association WRlTER'S DIRECT DIAL (651) 223-6484 WRlTER'S E-MAIL i grain(@,briggs.com November 28, 2001 Mr. Joe Lynch, City Administrator City of Arden Hills City Hall 4364 West Round Lake Road Arden Hills, Minnesota 55112-3923 Re: City of Arden Hills, Minnesota $5,500,000 Health Care Facility Revenue Note (Presby1erian Homes Bloomington Care Center, Inc. Project), Series 2001 Dear Mr. Lynch: Enclosed for your signature and that of the Mayor are: e 1. Three copies of the State of Minnesota, Minnesota Department of Trade and Economic Development, Application For Approval of Industrial Development Bond Project to be signed by you and the Mayor on page 3. 2. A copy of the City's letter to Minnesota Department of Trade and Economic Development requesting approval of the Application to be transposed on City letterhead and signed by the Mayor. After you and the Mayor have signed each of these documents, please return them to my attention as soon as possible so I may submit the application to the State for approval of the project. Thank you for your attention to these matters and if you have any questions, feel free to call me at the above number. Regards, l:/ fA."..k O~~ Linda Obidowski Paralegal e Enclosures 1320484v1 wr'iUU0 C ,'!Ur:..IJHI'i cax:bI1-113-b450 Nov 28 '01 14:51 P.Ol e BRIGGS AND MORGAN 220D FIRST NATrONAL ll.ANK BUrWlc;G 1;lM1NNESOT^ STREET SAINT PAUL, MINNESOIA 5510J TELEPHONE (tSl) 221-0000 FACSIMILE (051) 223.6450 PROFESSION AL ASSQClA TlON www.briggs.com FAX COVER SHEET November 28, 2001 Please deliver the following 7 pagers) (This includes this COVer sheet) RECIPIENTS Name Joe Lynch Firm City of Arden Hills Phone Number 651-634-5120 Fax Number 651-634-5137 FROM PHONE Linda M. Obidowski (65]) 223-6461 INSTRUCTIONS OR COMMENTS If you have problems receiving these pages, please contact us at 651-223-6645 e Joe, As a follow up to my voice mail message of today, I have had e-mailedtoyouatcityhall@cLardenhills.mn.us the Application to DTED and the Mayor's letter (also being faxed just in case e-mail goes awry). Please print out three copies of the DTED application and have all copies signed by the Mayor and yourself; print out on letterhead the Mayor's letter and have one original signed by the Mayor. Please call and let me lmow they have been signed and I will have them picked up. I had left a voice mail message with Sheila Stowell on Monday relating to this, but when I called for her again today, discovered she is out - consequently I am sending this to you directly. Please call me. at the above number if any guestions. Thanks in advance for your help on this matter. Linda rtvVL.- l'1.--\l" CL (Y\.~, CONFIDENTIAL FAX The infoJTIUI.tion c.ont.1lincd in this f~imih:: ml.::):!a.g'l: i$ llttomi;')' pr:i.~ikgcd i:a.I1d Ci:lnfidcnn11l infonnMion intended only for rhe u,so of me indivjdu.a.l or (fairy lJamw on the coveT sheet. Tflne reader ofthi::;: mC5~38c is not th inte;nded reeip'ie-",f. Q1 the ernploy~e or agent responsible 10 deliver it to the intended recipient, you art he~by notified chat :lny diiSCrnil\;j.tioD, distdbution or copying ofthi" communication ii5 strictly prohibited. If you have teceiv~d this communication in enol, please immediately u.orif>, u, by telephone, and retum the original mesuge to LlS at the addre"''' listed on lhe cover ~hcct via the U.S. PO$tal Service. The.nk you. f "t ,,:~ e e e Extract of Minutes of a Meeting of the City Couucil of the City of Arden Hills, Minnesota Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Arden Hills, Minnesota, was duly called and held at the City Hall in said City on Monday, December 10, 2001, at 7:30 o'clock p.m. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. 01-23 RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $5,006,800 REVENUE NOTES, SERIES 2001 (PRESBYTERIAN HOMES BLOOMINGTON CARE CENTER, INC. PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1320443v2 . RESOLUTION NO. 01-23 e RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $5,006,800 REVENUE NOTES, SERIES 2001 (PRESBYTERIAN HOMES BLOOMINGTON CARE CENTER, INC. PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota (the "City"), as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: (a) The City has received a proposal that it issue its revenue notes in the aggregate principal amount of $5,006,800 to provide funds to be loaned to Presbyterian Homes Bloomington Care Center, Inc., a nonprofit corporation organized under the laws of the State of Minnesota (the "Borrower") to provide funds to finance the acquisition of approximately 39-45 cooperative senior housing units in the Gideon Pond Cooperative located at 9901 Penn Avenue South, Bloomington, Minnesota, to refinance the acquisition of its health care facilities known as the Bloomington Care Center, an SO-bed skilled nursing facility located at 401 W. 95th St., Bloomington, Minnesota and to refinance capital costs incurred by the Borrower and affiliated entities in connection with the Bloomington Care Center and the McKnight Care Center, a 20S-bed nursing home facility located at 3220 Lake Johanna Boulevard, Arden Hills, Minnesota (collectively, the "Project"). The Borrower will initially be the owner and operator of the Bloomington Care Center and the Gideon Pond Cooperative units acquired as part of the Project and the McKnight Care Center is owned and operated by Presby1erian Homes of Arden Hills, Inc. All facilities will be initially managed by Presbyterian Homes Management and Services, Inc. e (b) The City is a municipal corporation and a political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Section 469.152 to 469.1651, as amended (the "Industrial Development Act") to assist the revenue producing Project herein referred to, and to issue and sell the Notes, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Industrial Development Act and in this Resolution. (c) Minnesota Statutes, Chapter 462C (the "Housing Program Act") confers upon cities, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multifamily housing developments within its boundaries and the boundaries of the parties to a Joint Powers Agreement. (d) It is proposed that the City and the City of Bloomington, Minnesota enter into a Joint Powers Agreement (the "Joint Powers Agreement") pursuant to Minnesota Statutes, Section 471.59. e I 320443v2 e e e (e) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has, on September 10, 2001, held a public hearing on the issuance of the Notes to finance the Project. (f) The issuance and sale by the City of the Health Care Facility Revenue Refunding Note, Series 2001A (Presbyterian Homes Bloomington Care Center, Inc. Project), pursuant to the Industrial Development Act, and the Housing Facility Revenue Note, Series 200lB (Presby1erian Homes Bloomington Care Center, Inc. Project) pursuant to the Housing Program Act, (collectively, the "Notes") is in the best interest of the City, and the City hereby determines to issue the Notes and to sell the Notes to Dakota Bank, in Mendota Heights, Minnesota (the "Lender"), as provided herein. The City will loan the proceeds of the Notes (the "Loan") to the Borrower to finance the Project. (g) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Notes in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Notes. In addition, the Loan Agreement contains provisions relating to the acquisition, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City Council. (h) Pursuant to a Pledge Agreement (the "Pledge Agreement") to be entered into between the City and the Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been submitted to the City Council. (i) Pursuant to a Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower in favor of the Lender (the "Mortgage"), the Borrower has secured payment of amounts due under the Loan Agreement and Notes by granting to the Lender a mortgage and security interest in the property described therein. A draft of the Mortgage has been submitted to the City although the City is not a party to this document. (j) As additional security for the Notes the Borrower will deliver to the Lender a Security Agreement (the "Security Agreement"), a Guaranty (the" Guaranty") and an Assignment of Leases and Rents (the "Assignment") and various other agreements and certificates required by the Lender. (k) The Notes will be special limited obligations of the City. The Notes shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Notes shall ever have the right to compel any exercise of the taxing power of the City to pay the Notes or the interest thereon, nor to enforce payment thereof against any property 1320443v2 2 of the City. The Notes shall not constitute a deht of the City within the meaning of any constitutional or statutory limitation. e (I) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Notes, for the purpose of financing the costs of the Project. 1.2 Authorization and Ratification of Proiect. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender, to provide for the refinancing and acquisition of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 2. THE NOTES. 2.1 Authorized Amount and Form of Notes. The Notes issued pursuant to this Resolution shall be in substantially the form submitted to the Council on the date hereof, and shall mature in the years and amounts and be subject to redemption as therein specified, as such may be modified by agreement of the Lender, the Borrower and the City; and the total aggregate principal amount of the Notes that may be outstanding hereunder is expressly limited to $5,006,800, unless a duplicate Note is issued pursuant to Section 2.7. The Notes shall bear interest, initially at a rate of 5.25% per annum for five years and then at a variable rate adjusted every five years with a maximum interest rate of 7.75% and a minimum interest rate of 5.25%. .. The offer of the Lender to purchase the Notes at a purchase price of $5,006,800 is hereby .. accepted. 2.2 The Notes. The Notes shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Notes shall be executed on behalf of the City by the manual or facsimile signatures of its Mayor and City Administrator and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Notes shall cease to be such officer before the delivery of the Notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such signatory had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Administrator such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Notes. 2.4 De1iverv of Initial Notes. Before delivery of the Notes there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (a) an executed copy of each of the following documents: (i) the Loan Agreement; e 1320443v2 3 e (ii) the Pledge Agreement; (iii) the Mortgage; (iv) the Security Agreement; (v) the Guaranty; (vi) the Assigrunent; (b) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; (c) Notes; the opinion of Bond Counsel as to the validity and tax exempt status of the (d) a 50I(c)(3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section 501(c)(3) of the Code; (e) such other documents and opmlOns as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (c) above or that the Lender may reasonably require for the closing. e 2.5 Disposition of Note Proceeds. Upon delivery of the Notes to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Notes for payment of Project Costs in accordance with the terms of the Loan Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of the City Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Notes. The Notes shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Notes together with a written instrument of transfer satisfactory to the Administrator, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose: For value received hereby sells, assigns and transfers unto this Note of the City of Arden Hills, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: e Registered Owner lJ20443v2 4 Upon sucb transfer tbe Administrator sball note tbe date of registration and tbe name and address _ oftbe new Lender in tbe Note Register and in tbe registration blank appearing on tbe Notes, _ 2.7 Mutilated. Lost or Destroved Note. In case any Note issued bereunder sball become mutilated or be destroyed or lost, tbe City sball, if not tben probibited by law, cause to be executed and delivered, a new Note of like series, outstanding principal amount, number and tenor in excbange and substitution for and upon cancellation of sucb mutilated Note, or in lieu of and in substitution for sucb Note destroyed or lost, upon the Lender's paying tbe reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, tbe filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Notes. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on tbe Note wbetber or not sucb Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of tbe Principal Balance, redemption price or interest and for all other purposes whatsoever, and tbe City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Notes have been issued without registration under state or otber securities laws, pursuant to an exemption for such issuance; and accordingly the Notes may not be assigned or transferred in whole or part, nor may a participation interest in tbe Notes be given pursuant to any participation agreement, except as an exempt security or as an exempt transaction. e 2.10 Issuance of New Notes. Subject to tbe provisions of Section 2.9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the montbly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3. MISCELLANEOUS. 3.1 Severabi1itv. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Tbe invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of tbe Notes. All sucb certified copies, certificates and affidavits, including any e 1320443v2 5 . . e heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Agreements. The forms of the proposed Loan Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and City Administrator of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Notes. In the event of the absence or disability of the Mayor or the City Administrator such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Qualified Tax Exempt Obligation. In order to qualify the Notes as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), the City hereby makes the following factual statements and representations; (a) the Code; the Notes are not treated as a "private activity bonds" under Section 265(b )(3) of (b) the City hereby designates the Notes as qualified tax-exempt obligations for purposes of Section 265(b )(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than obligations described in clause (ii) of Section 265(b)(3)(C) of the Code) which will be issued by the City (and all entities whose obligations will be aggregated with those of the City) during the calendar year 2001 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during the calendar year 2001 have been designated for purposes of Section 265(b)(3) of the Code. 1320443v2 6 Adopted by the City Council of the City of Arden Hills, Minnesota, this 10th day of December, 2001. Attest: JOSEPH P . LYNCH, CITY ADMINISTRATOR 1320443v2 DENNIS PROBST, MAYOR 7 e e e , It It e CITY OF ARDEN HILLS STATE OF MINNESOTA COUNTY OF RAMSEY CERTIFICATION BY ADMINISTRATOR RESOLUTION NO. 01-23 I, the undersigned, being the duly qualified and acting City Administrator of the City of Arden Hills, Minnesota, hereby certify that I have carefully compared the attached and foregoing Resolution No. 01-23 with the original thereof on file in my office and the same is a full, true and complete transcript therefrom, insofar as the same relates to a Resolution Approving the Issuance and Sale of the $5,006,800 Revenue Notes, Series 2001 (Presbyterian Homes Bloomington Care Center, Inc. Project) and Authorizing the Execution of Documents Relating Thereto. WITNESS my hand officially as such City Administrator of the City of Arden Hills, Minnesota, this 11 th day of December, 2001. JOSEPH P. LYNCH, CITY ADMINISTRATOR (SEAL) ] 320443v2 8 e e e ~ ~~HILLS CITY OF ARDEN HILLS MEMORANDUM DATE: December 5, 2001 TO: Honorable Mayor and City Council FROM: Aaron Parrish, City Planner SUBJECT: Case #01-30: . Master Plan PUD Approval; and . Final PUD/Site Plan Approval Aaron Nelson Property Located at County Road D and Cleveland Request The applicant is requesting the following actions to facilitate the construction of a 8900 square foot office building: 1. Master Plan PUD Approval 2. Final Plan PUD/Site Plan Approval Overview The applicant is requesting the actions referenced above to facilitate the construction of an 8900 square feet neighborhood office building. This project previously went through a concept PUD review in 1999, and represents the first project to be evaluated utilizing the Neighborhood Business Zoning District standards. The property was formerly a gas station. Copies of the site plan were distributed to neighborhood block coordinators in the area. Please see the attached narrative statement submitted by the applicant for additional information. The following highlights information pertinent to the site. Surrounding Area Direction Future Land Use Plan Zoning Existing Land Use North Low Density Residential R-1 Residential East Low Density Residential R-1 Residential South N/A N/A Office e e e Memo to Plamling Commission Planning Case #01-30 Page 2 of8 (Roseville) West N/A NIA Ken's Market / Office (New Brighton Site Data Future Land Use Plan: Neil!:hborhood Business Existing Land Use: Vacant Zoning: Neighborhood Business Size: .74 acres TopoJ!raphy: Re1ativelv flat Master and Final Planned Unit Development According to the Zoning Ordinance, "the 'PUD' District promotes the development of land in a unified manner by treating the entire development as a single entity. . . ." Since this project went through a concept review process in 1999, the applicant has elected to have both the Master and Final PUD considered concurrently. Generally, the purposes of the Neighborhood Business District are: a. To be located at the edge of residential neighborhoods. b. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the adj acent residents. c. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. d. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. e. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another. f. To ensure adequate buffering is provided on these sites for the adjacent residential uses. g. To require, where applicable, compliance with the City's gateway requirements. The following provides an evaluation of site plan and related requirements based on the attached plan set: 1. Lot Area, Size and Setbacks -All Code Requirements Met As the site data in the overview section indicates, the property is .74 acres, or 32,234 square feet. The Neighborhood Business Zoning District requires a minimum lot area of 13,000 2 e e e Memo to Planning Commission Planning Case #01-30 Page 3 of8 square feet for non-residential uses. The following table highlights the setback requirements: Minimum Buildinl! Setbacks Reouired ProDosed at Shortest Point Front Yard 20 Feet 129 Feet Rear Yard 20 Feet 30 Feet Side Yard -Interior 5 Feet 20 Feet Side Yard -Comer 20 Feet 30 Feet 2. Lot Coverage - Code Requirement Met The Neighborhood Business District requires that no more than 35% of the lot be covered by structure. The proposed building footprint is 6,254 square feet, while the parcel is 32,234 square feet. This results in 19 percent of the lot being covered by structure, or approximately half ofthe code maximum. 3. Floor Area Ratio - Code Requirement Met The floor area ratio is obtained by dividing the sum of a buildings floor area by the amount ofthe lot area. The floor area ratio cannot exceed 0.7 for the Neighborhood Business District. The FAR for this project is 0.28, much less than the maximum permitted. 4. Landscape Lot Area - Code Requirement Met The minimum amount oflandscape area for the Neighborhood Business District is 35% ofthe lot area. The proposal shows 14,400 square feet oflandscape area ofthe total lot area of32,234 square feet or 45%. A detailed landscape plan is also included in the plan set. Under the City's landscape plan design requirements, 28 caliper inches of landscaping is required. The applicant has exceeded this requirement by proposing 143 caliper inches of trees. The applicant also meets the requirements of caliper inches relative to building height. 5. Height - Meets Code Requirement The maximum building height allowed in the Neighborhood Business District is 35 feet. The proposed elevations show a building height of 30 feet when measured from the first floor. 6. Parking. - Slight Deviation from Requirements The Zoning Ordinance requires 1 parking space for every 250 square feet of gross floor area. 3 e e e Memo to Planning Commission Planning Case #01-30 Page 4 of8 With 8900 gross square feet of office being proposed, it is necessary to provide 36 spaces to meet the code requirement. The applicant is proposing 36 total spaces. The following table summarizes the provision of parking on the site: Code Re uirement 36 S aces Pro osed Parkin 36 S aces In addition, the Zoning Ordinance requires that the spaces be not less than 9 feet by 18 feet in size. As the site plan indicates, the applicant is proposing the 6 stalls in the southwest comer of the property be 9 feet by 16 feet. These stalls will be designated for compact cars only. Parking setback requirements are highlighted below: Minimum Parkin!! Setbacks Reouired Proposed at Shortest Point Parking ROW 20 Feet County D: 17 Feet Cleveland: 18 Feet Parking Side and Rear 5 Feet 14 Feet As the table above indicates, the proposed parking setback from the County Road D and Cleveland Avenue right-of-way is slightly less than the required 20 feet. Since this is a PUD, a deviation from the code requirement is permissible without granting a variance. The entire parking area will be curbed, surfaced and striped in accordance with City design standards. 7. Access and Circulation. - Meets Code Requirement Access to the property is proposed from Cleveland A venue and County Road D. The access to the public street is proposed to be 24 feet wide. A permit from Ramsey County would need to be obtained for the curb cut. Their minimum requirement is typically 26 feet. Based on the City's zoning code requirements, both of the accesses are located a sufficient distance from the intersection. The Fire Inspector has reviewed the plans and is satisfied with the access and circulation ofthe properly. 8. Screening - Meets Code Requirement Significant landscaping is proposed to screen both the parking on site and adjacent properties. Board on Board fencing is proposed for screening the residential properties on the north, while substantial landscaping, including three 16' high spruce trees, and two large sugar maples are proposed to screen the residential property on the east.. A wall of approximately twenty-seven 6 foot high coniferous trees will also provide screening to these properties. While the above does provide a high level of screening, the neighborhood business district also 4 e e e Memo to Planning Commission Planning Case #01-30 Page 5 of8 requires that 30 foot buffer yards be maintained adj acent to all residential uses "such that the use is effectively screened from the adjacent residences." The required buffer yard is substantially maintained on the east side of the property. On the northern part ofthe property, a 14 foot buffer yard is provided. However, this would seemingly be an acceptable deviation given the landscaping and fencing provided. Since this is a PUD, deviation from certain requirements is permissible. A trash enclosure is proposed for the property. Based on the requirements of the neighborhood business district, it must be a masonry enclosure. 9. Lighting - Meets Code Requirements Lighting is identified on the site plan. A photometric was not provided, but this will be detailed in the architectural package. The Zoning Ordinance requires that all lighting be directed away from adjoining lots or public streets and must be hooded so that light is only directed onto the subject property. Additional neighborhood business requirements include the following: . Lighting is not permitted to wash the building. Accent lighting delineating the main entrance to the building is permissible. . Security and parking lot lighting shall be on pedestals not to exceed 14 feet in height. Two 14 foot high shoebox style lights are contemplated on the landscape island. Given the requirements of the neighborhood business district, the lighting provided should go beyond standard shoebox lighting contemplated in the site plan. A condition requiring decorative lights as approved by City staff has been incorporated into the recommendation. 10. Sign age - Exceeds Code Requirement The newly revised sign code allows for 60 square feet of freestanding signage. Additionally, the sign ordinance only allows for one freestanding sign per property. The proposed site plan contemplates two 50 square foot monument signs adjacent to each of the accesses. After discussion with the applicant, he indicated that he would like to revise the proposal to include two 30 square foot signs. Since the property has access to two public streets, the revised request would seemingly be reasonable. The signs should be located to maintain a clear vision triangle. 11. Grading and Utilities. Requires Revision based on Evaluation by City Engineer The property would be serviced by existing utilities (sewer, water, gas, electric, and telephone). Please see the November 29, 2001 Memo from the City Engineer regarding other issues surrounding drainage and utilities. Master and Final PUD approval should be conditioned on 5 e e e Memo to Planning Commission Planning Case #01-30 Page 6 of8 approval of a detailed utility plan by the City Engineer. A revised grading and drainage plan addressing the issues in the City Engineer's memo will also need to be submitted and approved by the City Engineer. Silt fencing will be placed around the property during construction. 12. Aesthetics A colored building elevation will be provided at the meeting for your review. The neighborhood business district requires the following with regard to building exteriors: . Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. . Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adj acent residential neighborhoods. . Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. In the applicant's project description, he indicates that the building will be a combination of stone or brick and stucco. The stone or brick element would meet the Neighborhood Business District criteria. However, stucco would be the primary building material. Since stucco is a plaster based building material, this does not appear to meet the specific criteria. However, given configuration of the building, brick or stone may not be a viable option. Accordingly, stucco would seem to be an appropriate substitute material. 13. Additional Neighborhood Business Requirements . The Neighborhood Business District requires that sidewalks be put in place along public rights of way. An existing bituminous trail currently runs North/South on Cleveland Avenue. There is currently no sidewalk running East/West on County Road D. According the Park and Recreation Director, this is a planned trail connection. The applicant should install a publicly dedicated trail adjacent to the right-of-way on County Road D, and replace the existing trail on Cleveland. Both should be at least 6 feet wide and interconnect at the intersection. . This area is designated as a community "Gateway" to the City of Arden Hills. The applicant has agreed to provide and easement at the intersection of County Road D and Cleveland for Gateway signage purposes. 6 e . e Memo to Planning Commission Planning Case #01-30 Page 7 of8 . The Neighborhood Business District requires that "Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building." Deadline for A!!encv Actions The City of Arden Hills received the completed application for this request on November 6, 2001. Pursuant to Minnesota State Statue, the City must act on this request by January 5,2001 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners consent extend the review period beyond the 120 days. Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. Ifthe City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request". 4. Table for additional information, Plannin!! Commission Recommendation In Planning Case #01-22, the Planning Commission recommends that the Master Plan Planned Unit Development, and Final Planned Unit Development / Site Plan review be approved with the following conditions: I. Access ramp on the east side of the building use concrete paver and have a sunnountable curb, without an apron for the curb cut treatment, and not be utilized for a public access. 2. The 6 parking stalls on the southwest corner ofthe property be designated for compact cars only. 3. A masonry trash enclosure be provided. 4. Decorative lighting as approved by City staff replace the current shoebox light fixtures contemplated in the site plan. 5. Two freestanding signs not to exceed 60 total square feet be allowed on the property. The signs be placed so that a clear vision triangle is maintained. 6. A detailed utility plan be submitted to the City Engineer for his approval. 7. A revised grading and drainage plan responsive to the issues outlined in the November 29, 2001 Memo from City Engineer be submitted to the City Engineer for his approval. 8. A 6 foot wide bituminous trail be placed along the public right-of-way on Cleveland Avenue and County Road D. 9. The applicant provide a sign easement for gateway signage near the intersection of County Road D and Cleveland with an area, dimension, and at a location approved by City staff. 10. A bicycle rack be provided in an area that is convenient to the main entryway into the building. 7 e e e Memo to Planning Commission Planning Case #01-30 Page 8 of8 II. The applicant submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 12. A POO Permit he approved by the City Council prior to the issuance of a building permit. 13. The applicant obtains all necessary permits from the Rice Creek Water Shed District and Ramsey County; 14. Compliance with the applicable provisions of the Zoning Ordinance Attachments 1. Location Map 2. Applicants Project Description 3. Plan Set 4. Letter from Arborist regarding existing vegetation on property 5. November 29,2001 Memo from City Engineer. 6. December 4,2001 Memo from Ramsey County Traffic Engineer Dan Soler 7. Decemher 1, 2001 Memo from Applicant's Engineer. 8 .....>. Ut Q) Q) .~ 0. .00 ~ ::J "- (f)e... C S <:) ~ <'} 0 .... g 0 <:) " C. 01:1 8 ..- m 'ii ..., III Z 0:: '" U <:: ~ ~ 0> Z <:: 2 <:: <: ~ ::l ~ 0 <:: U I\l a:: " 0 <:: I\l " <t -' <:: ell ~ U _~, , 'II LJ LJ I -n1Q II I ,<^c' . - ';:~~';- ' ,-s o I I ' / Q;) ::J c:t Q;) >! <C1 I ! I...... ::J 8J C! ~ ~ I , , ',il ,----\ , r------L=' \ r--. ~ LI~ ~n~"j ; C;--l . "1. J ~ , I i I I~~ITIJ .~ II I. III III] "" I I U ejaA8 18---- -./ w l$ Q) C ::J (f) '+- o o z ell ::2: Qj ..... o III Z Q) :2: ("II o ...... o o ...... ci VJ. i '--~c: L/ (../- DESCRIPTION OF PROJECT FOR 3130 NO. CLEVELAND AVENUE The project consists of construction of a one and one-half (1-1/2) story office building on the vacant lot located on the northeast corner of County Road "D" and Cleveland Avenue. The lot (146.67' x 225') consists of .758 acres (33,000 s.f.) of land. Ramsey County recently upgraded this intersection by widening the adjacent streets alongside most of the property. The building has been designed in the prairie style. It will have a foot print of 6,264 total square feet. The building will have a low pitched hip roof to be consistent and compatible with the adjacent residential neighborhood. The exterior will be e a combination of stone or brick and stucco. The building will contain approximately 8,900 s.f. of office space. It will have offices on the main floor and the partial second floor. The basement area will be used for storage and mechanical equipment. The building is designed to be flexible to meet the needs of businesses that need smaller office spaces. The main floor will accommodate up to 4 individual tenants and the second floor has been designed to be used by 1 or 2 tenants. Setbacks, landscaping and parking have been placed to minimize impact on the adjacent residential neighborhood as determined in the concept POD approved on August 30, 1999. e Elair\Descript,Prj ~'-~" . -1l(J) .~ ~rn 6'1] .~ z z o ;;0 -1 I . . 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'" ! ! ~>. / " ' ~ ;--' I '~ (;; ,~ \~. i.~ --- '" . < ;vr r o ~ cc '< 3 GO , " ,2 0 !^ , '< 0 , nSE 1!: 0 0 IJ1 c co n " ~ " 3! ~ '" to "D "" S::C1 0 :5' Q. z ~ ~ 0 Q ~ 0 ro -co p J> n. "- ;+ ~. , W , 0 .. " Z . [ . . 11! b!! 1 I I ! I i ll'l IIII . I ' , , , , I 111!.1~ UHJ~!H+-"IM c> ,." z o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ * i ! ! ! i ~ ~ ~ >'~nn~~ n 0 ~ ; c C ' ~ Fi'i ,., "-.!~.~"'.~... lii~~i"iiii"iU ~ ~a~~~~~~~~~~ . ~:S~~g~~~~~~ ~ !ij Ul 0:> i'ii }' ~ . " I ".'\ \ v \ ,1""..' -. -- -. 30' NORTH ELEVATION 1/16" STUCCO 4112 CLAO WOOD WINDOWS :."..":"..~~BAsE:'==- - - - - -- SOUTH ELEVATION 1/16' . .. I.. -' - '. . ' . . .'.1 . .. I'lil . ,I" .-~ILJ r!~"- CLAD WDOO WINDOWS TUCCO --=MAS:II~r 8 s== . STUCCO. WEST ELEVATION -1/16" NELSON PROFFESIONAL OFFICE BUILDING ARDEN HillS, MN. - ~r'h'~~; tlTJ1I..I", ~N";!~ ,"fJl,t.'/ '. /~\'.~~~t ~ 'f I ~!f1~~ .~~ 1.1,1 jl~j~\ ~~~I&' 11.1:.\ Rainbow Treecore Aaron SNelson 3475 Siems Ct. Arden Hills. MN. 55112 September 28,2000 Mr. Nelson, On September 25, 2000.1 inspeCted the lot at 3\30 Cleveland Avenue North, Arden Hills. At the North end of the lot along the fence and ditch, there are several mature Siberian Elms. These elms are growing in and through the fence and are in potential danger of falling apart (due to the interrial decay). They are also a hazard because many of these elms don't have any support roots along the concrete edge of the ditch. - The reJ11Jinill!\ lr~~s 011 the propen)' are Boxelder, Siberian Elm, and Willow. They are either young (weedy) or over grown and are a hazard. They have nOI been maintained at all as far I can tell. These lrees are considered weed trees (volunteer trees). In my professional opinion, the safety and future aesthetic value of the property demands an entire renovation of plant material. I am recommending several replacement options. These trees include River Birch, Thornless Honcylocust, American Linden. and Austrian . Pine. These trees are fairly fast gr6wing and can grow well in the most soils. These new trees can then be'strategically placed for the mal(imum benefit of shade, visual and sound barrier from the existing surroundings. Please contact me with questions or concerns at 952-252-0526. Sincerely, d b. . .. . t'1f . C4~) Amy 0 Caldwell Cerl1lie~ Arborisl MN- 0107. . Rainbow Tree Company 2239 Edgewood Ave S Minneapolis MN 55426.2822 Phone: (952)922-3810 (651)25l-3810 Fax: (952)252-4720 www,r:ainbowtreecare,co{fl . /',i'IItll./tI R.rc"d,11 flirt" e e e NOU~29~2001 12:00 EPW 512 ]7] 5525 P.Ol/0l URS MEMORANDUM Thre~her Square 700 Third Sl1e~t $oulh Minne"DOIi,. MN 55415 Phone: (612) 370.0700 Pax: (612) 370-1378 To: Aaron Parrish, Ardcn Hill City Planner Copy: Greg Brown, URS File: 37951-005-2001 From: Nick Landwer, PE Date: Subject: November 29, 2001 County Road 0 and Cleveland Avenue Site Plan, Plan Review I have reviewed the site plan for the proposed development on the northeast comer of the intersection of County Road D and Cleveland A venue. Following are my comments: 1. It appears there could be potential drainage problems with the drainage/grading design. The proposed drainage design has substantial amount of site runoff flowing from the driveway entrances into County Road 0 and Cleveland A venue. Runoff from the site into the roadways should be limited by modifying the proposed grade or by adding catchbasins. There is also a concern of pOlential flooding of the properties to the nonh from the site runoff via the ditch on the nonh side of the property. An alternative collection area could be a swale in the boulevard at the intersection comer with an outlet piped to the existing Slonnsewer. The developer should submit existing and proposed drainagc calculations for the site runoff to the City Engineer for review. 2. Rice Creek Watershed DiSlfiet will require the developer to apply for a drainage pennit and provide for stormwater runoff treatmcnt. 3. The developer should submit a derailed utility plan. 4. Details are not clear on the heights of the proposed retaining walls. Some of the taller sections of wall will require safety railings. 5. The proposed area drain in the lower level will be required to drain into the storm drainage system. A detail of the connection should be included in rhe utility plan. It appears that a sump pump will be required for this drain. This shall not be connected to the sanitary sewer serVIce. 6. The ramp on rhe west side of the proposed building is very st(:ep at 12.75%. This ramp should not be used for public access. TOTAL P.Ol Department of Public Works Kenneth G. Haider, P.E., Director and County Engineer .~ RAMSEY COUNTY ADMINISTRATION/LAND SURVEY 50 West Kellogg Blvd., Suite 910 St. Paul, MN 66102' (651) 266.2600 . Fax 266.2615 E.mail: Public.works@co.ramsey.mn.us ENG INEERINGIOPERATIONS 3377 N. Rice Street Shoreview, MN 65126 (661) 484.9104 . Fax 482.5232 MEMORANDUM TO: FROM: Stephen Nelson Dan Sol~o-N' Ramsey Cfu~y Public Works SUBJECT: Proposed Site Plan Nelson Professional Building DATE: December 4,2001 The Ramsey County Public Works Department has reviewed the preliminary site plan for development of the site at Cleveland Avenue at County Road D in the City of Arden Hills. It is our understanding that you are proposing a two-story office building on that site. Ramsey County tit has the following comments regarding access and traffic flow for the site plan. 1. Both Cleveland Avenue and County Road D are county roadways under the jurisdiction of Ramsey County. The traffic count on County Road D is 9450 vehicles per day. The traffic count on Cleveland Avenue is 4400 vehicles per day. These are 2001 traffic counts taken by Ramsey County Public Works. Additional traffic generated by this development should not have a detrimental impact on the county road system. 2. Two access points are proposed for the site, one on County Road D and one on Cleveland A venue. The access point on Cleveland A venue should be located as far north on the property as possible and the access on County Road D should be located as far east on the property as possible. This will provide the maximum separation between the driveways and the intersection. It is my understanding that the City has requested placement of the building in this configuration in order to provide a buffer to the residential properties to the east. Based on the proposed location of the building the access on County Road D is only 95 feet east of Cleveland Avenue. While this is within county standards for driveway placement it will make left turns into and out of the site ehtremely difficult at peak hours of the day. 3. Minimum driveway width is 26 feet on County right of way. The driveway width can narrow down to 24 feet at the property line. e 4. Pennits from Ramsey County will be required for all work in the County right-of-way. This includes access and utility pennits. MlJmesota's F1rst Hom. JlnI. C4l111ty pfilltAd ~ r'I~l:J.,~ P~!l'lJ' with a mInImum ~f lOX te,l'W~.lIm.r IDnl.ll:nl ., e e e 5. The developer shall protect all in place traffic signal equipment at the intersection of County Road D and Cleveland A venue. . 6. Ramsey County has a project programmed to reconstruct County Road D between Cleveland A venue and Pairview A venue in 2004. It appears that the proposed development will not be significantly impacted by the reconstruction project based on preliminary scoping of the project. Thanks for the opportunity to make comments regarding this development. If you have any questions or need any additional infonnation please give me a call. Cc: Aaron Panish - City of Arden Hills ~ROM.:HALLJNG ENGINEERING , e e e FAX NO. ;9524513310 Dec. 05 2001 03:04PM Pi ~allinfj . ~ (ff;-;nf/i1tCet:infj 3727 255th Street E. . Webster MN 55088 . Phone (952) 461 -3320. Fax (952) 461 -3310 MEMO To: Nick Landwer, PE Aaroll Parrish, Arden Hills City Planner From: Gregory R. Halling, PF. ~t.* Date: December 1, 2001 Re: Co Rd j) & Cleveland Ave. Site Plan, Blair Propel1ies Plan Review November 29, 2001 This memo responds 10 the items brought up in the plan review by Nick Ll1ldwer. .1: Attached are calculations and a copy of the to po showing the property as it was previously developed. The~e calculations show that the existing storm sewer is 'ldequute to handle this developmcnl. Additional spot elevations on the Cleveland entrance will ensure that surface water is directed to the spillway. Also the driveway has a negligible amount of runoff going directly to COlUlty Road D. 2. Attached is a lette!' from the Rice Creek WSD showing that no permit i.s l'eqLlired. 3. Utility details will be added to the final plans when a building permit is ilppJied j()r and thc details which have been requested frOm Niek wiJJ be placed on the plans. 4. Retaining wall~ will be finalized on the final plans and railings will be shown. 5. Final details with a S\lmp pump draining the exterior ramp at the lower level \ViII direct the runoff to the swale on the north. 6. The ramp on the east side of the building will nO! be used by tbe public and will only be' used occasionully by the owner. e e e ~ ~~ILLS CITY OF ARDEN HILLS MEMORANDUM DATE: December 05, 2001 TO: Honorable Mayor and City Council City Administrator Joe Lynch FROM: Aaron Parrish, City Planner SUBJECT: Case #01-30, Front Setback Variance Steve Petry, XXXX Lake Lane ReQuest The applicant is requesting a variance from the front yard setback requirement in the R-2 Zoning District to facilitate the construction of a new single family home. The applicant is requesting a 30 foot front yard setback where a 40 foot setback is required. BackQround Surrounding Area Direction Future Land Use Plan Zonina Existina Land Use North Low Densitv Residential R-2 Residential East Low Densitv Residential R-2 Residential South Low Density Residential R-2 Residential West Low Density Residential R-2 Institutional Site Data Future Land Use Plan: Low Density Residential Existina Land Use: Vacant Zonina: R-2 Sinqle and Two Family Residential Size: 10,000 square feet Topography: Higher on the eastern portion of the property sloping down to the west. e Memo to City Council Planning Case #01-31 Page 2 of 4 Variance Criteria The applicant has indicated the primary purpose for requesting a variance is to save an existing 40" tree on the property, and so a larger backyard can be maintained. The additional setback requirements associated with a corner lot also present some practical difficulties for development on the property. Finally, Lake Lane is currently an unimproved City street and making access to Edgewater Road more desirable. A. State Requirements Minnesota State Statue in Chapter 462.357, Subdivision 6, (2), defines "undue hardship" as: "... means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of the ordinance...:' e B. City Requirements Section VIII, D, 4, c and d, of the City's Zoning Ordinance state that, "Adherence to the provisions of this ordinance is required, except for special cases which arise because of the configuration of a particular parcel. The condition shall not have been created by the landowner. A variance or variances of a side of a lot, the shape of the lot or the unusual terrain prohibit reasonable development equivalent to that which would be permitted without variance on a similar size lot located in the same district, but which lot has no unusual configuration. Economic conditions alone shall not be grounds for a variance. In no case shall the granting of a variance impair the health, safety, comfort and general welfare of the public, nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map or this or any other ordinance of the City". Variance FindinQs In order to grant a variance, a physical hardship must be identified, as defined by the City and State criteria. For this application for a variance, staff can make the following findings: 1. Whether the circumstances for which the variance is requested are unique to the property. e Given the increased setbacks for a corner lot, the flexibility in building placement is minimized. The significant vegetation on the site is also unique relative to other properties. e Memo to City Council Planning Case #01-31 Page 3 of 4 2. Whether granting the variance would be in keeping with the spirit and intent of the City's Zoning Code. The variance would be keeping with the spirit and intent of the zoning code. More specifically, granting the requested variance would "promote the character of and preserve and enhance the properties and areas within the city. . . ." 3. Whether the property in question can be put to a reasonable use without granting of a variance. Given the setbacks identified below, it does not appear as if a reasonable single family home can be constructed without the provision of a variance. 4. Whether the hardship was created by the property owner. The hardship was not created by the property owner. As evidenced by adjacent properties, lots were platted based on the different requirements at the time. e 5. Whether granting the variance will alter the essential character of the neighborhood. This will not alter the essential character of the neighborhood. As the applicant indicates, the property owner directly across the street is also has a front yard setback of 30 feet. Additionally, there are only a few homes that directly front Edgewater. The remainder front small side streets. Deadline for AClencv Actions The City of Arden Hills received the completed application for this request on November 6, 2001. Pursuant to Minnesota State Statute, the City must act on this request by January 5, 2001 (60 days), unless the City provides the petitioner with written reasons for an additional 50-day review period. The City may with the petitioners consent, extend the review period beyond 120 days. Options 1. 2. 3. Recommend approval as submitted. Recommend approval with conditions. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons forthe denial at the time that it denies the request." Table for additional information. e 4. e e e Memo to City Council Planning Case #01-31 Page 4 of 4 PlanninCl Commission Recommendation In Planning Case 01-31, that a front yard setback of 30 feet is proposed, where 40 feet is required, the Planning Commission would recommends approval finding: 1. The circumstances for which the variance is requested are unique to the properly. 2. Granting the variance would be in keeping with the spirit and intent of the City's Zoning Code. 3. The properly in question cannot be put to a reasonable use without granting of a variance. 4. The hardship was not created by the property owner. 5. Granting the variance will not alter the essential character of the neighborhood. Attachments 1. Location Map 2. Applicant's Statement 3. Site Plan 4. Survey o , .........-..- '--......- r , c ~Q c.. ""'(0 f3~ o ..J -- ~ -- o ~ ~ ,- c: c: m it i I ,.) '--~/ . , /' I / I ' ! / , i I , i a.. I (j) 8 c: m 'C ~ jJjt, '" ~ (/J ..--- Gl C :c Co Gl ~ -:l Gl "": ~ 0 (Il ...J ~ z .... o ~ o Z ro :;:: a; o z Ul j!! ~ "! o ..... o o VJ A'/' / ,~ ) ';: 1/;'/! L "1"---7 ~ // ; .--,. ~ ..-O'-/- / i '..e/- / ~/,r / "'T-" T ~. REQUEST FOR V ARlANCE Request: Reduce front set back off Edgewater Road from 40' to 30'. Reason #1: Desire to preserve 40" tree on south side oflot. Moving house closer to Edgewater Road will accomplish this. Reason #2: Desire to have the back yard bigger than the front yard. This will make living at this location more enjoyable. Furthermore, if south side of property is considered the "rear yard", moving the house forward 10' will enable the 30' rear yard setback to be met. Character of neighborhood: The house directly across Edgewater Road from this property is set 30' back from the street. 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I ". -CJj' =i m -0 !> z ;I>:>< ~X t:I:>< trI:>< z t"" ~;I> ......"" t""trI t"" .UJ t"" ;I> :;:::z Ztrl " L~~ ......~~~ m 0 '" "' ",t-" z o ;;; " ffl, ~'" !'> n' III t>,) I- I 80 :n..._........,_.__ < ~ e e e ~ ~~HILLS CITY OF ARDEN HILLS MEMORANDUM DATE: December 6, 2001 TO: Honorable Mayor and City Council City Administrator Joe Lynch FROM: Aaron Parrish, City Planner SUBJECT: Case #01-16, Shoreland Ordinance City of Arden Hills Overview As you are aware, we are currently in the process of re-codifying its City Code. Part of the process includes an evaluation of the current ordinances by the appropriate City Commissions and the City Council. The most recent ordinance evaluated by the Planning Commission is the City's Shore1and Ordinance. After a review by the City Attorney and Planning Commission, only slight revisions were made. These were housekeeping measures recommended by the City Attorney with regard to the variance standard applied. On December 5, 2001, the Planning Commission held a Public Hearing. No input was received at that time. Planninl! Commission Recommendation In Planning Case 01-16, the Planning Commission recommends approval of Shore land Ordinance. Requested Action Consider introduction and first reading of Ordinance #334, an Ordinance adopting shoreland management standards within the City of Arden Hills. Attachment I. Ordinance 334 , CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA . e ORDINANCE NO. 334 SHORELAND MANAGEMENT AN ORDINANCE ADOPTING SHORELAND MANAGEMENT STANDARDS WITHIN THE CITY OF ARDEN HILLS Section 334.01 - General Subd. 1. Title. This Chapter shall be known, cited and referred to as the "Arden Hills Shoreland Management Ordinance" or the "Shoreland Management Ordinance" except as referred to herein where it shall be known as "this Chapter." Subd. 2. Purpose and Intents. The uncontrolled use of shorelands of the City affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety and welfare to provide for the wise development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to the municipalities of the State to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related land resources. This responsibility shall hereby be recognized by the City. Subd. 3. Statutory Authorization. This Chapter shall be adopted pursuant to the authorization contained in . furtherance of the policies declared in Minnesota Statutes Chapters 103F and 462 and Minnesota Rules Parts 6120.2500-6120-3900. Subd. 4. Interpretation. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City, and its City Council, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Subd. 5. Abrogation and Greater Restrictions. It shall not be intended by this Chapter to repeal, abrogate or impair any existing easements, convenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. Subd. 6. Applicability. This Chapter shall apply to all lands located within the boundaries of the shoreland management districts. Section 334.02 - Rules and Definitions Subd. 1. Rules of Construction. For the purpose of this Chapter, certain terms or words used in this Chapter shall be interpreted as follows: A. The singular number includes the plural and the plural includes the singular. 6. The present tense includes the past and future tenses and the future includes the present. C. The word "shall" is mandatory while the word "may" is permissive. D. The masculine gender includes the feminine and neuter. . Ordinance #334 Page 1 E. All distances, unless otherwise specified, shall be measured horizontally. e Subd. 2. Definitions. Unless specifically defined below, words and phrases used in this Chapter shall be interpreted so as to give them the same meanings as they have in common usage and so as to give this Chapter its most reasonable application. A. Boathouse. "Boathouse" shall mean a structure used solely for the storage of boats or boating equipment. B. Building Line. "Building Line" shall mean that line measured across the width of the lot at the point where the principal structure is placed in accordance with setback provisions from the ordinance high water mark. C. Clear-cutting. "Clear-cutting" shall mean the removal of an entire stand of trees. D. Special Use. "Special Use" shall mean a use which, because of unique characteristics, cannot be classified as a permitted use in a shore land management district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code, or the City of Arden Hills Zoning ordinance which is incorporated into and made a part of this Chapter as if set out in full, may nevertheless be ailowed on a site by special use permit granted by the Council. e E. Lot of Record. "Lot of Record" shall mean a parcel of land described by metes and bounds measurements. reference to a registered land surveyor plat, or other means, and which is separated from other parcels or portions by the description, as of the enactment of this Code, or which is approved by the City as a iot subsequent to the adoption of this Code, and which is occupied by or, under this Chapter and other applicable ordinances, is suitable for occupancy by one principal building, or used together with any accessory buildings or uses and any open spaces as are required by this Chapter. F. Nonconforming Use. "Nonconforming Use" shall mean a building, structure or use of a building, structure or parcel of land, or a portion thereof, lawfully existing as of the enactment of this Code or amendment hereto, as a matter of right or by permit, which would not be permitted as a new use or structure in the zoning district in which it is located. G. Ordinary High Water Mark. "Ordinary High Water Mark" shall mean a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. H. Planned Unit Development. "Planned Unit Development" shall mean the development of a tract of land in a unified manner, pursuant to a development plan specifically approved by the City. I. Planning Commission. "Planning Commission" shall mean the Planning Commission as created by the City Council as set forth in this Code. J. Protected Waters. "Protected Waters" shall mean any waters of the State as defined by State law. However, no lake, pond or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. K. Setback. "Setback" shall mean the minimum horizontal distance between a structure and the ordinary high water mark or between a structure and a road, well, highway, or property lines. e L. Shore land. "Shoreland" shall mean land located within the following distances from protected waters: Ordinance #334 Page 2 1. One thousand (1,000) feet from the ordinary high water mark of a lake, pond, or flowage; . and 2. Three hundred (300) feet from a river or stream, or the landward extent of a flood plain on e such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where the limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City. M. Structure. "Structure" shall mean any building (including mobile homes) or appurtenance thereto, except aerial or underground utility lines such as sewer, electric, telephone, telegraph or gas lines, including towers, poles, and other supporting appurtenances. N. Subdivision. "Subdivision" shall mean improved or unimproved land or lands which are divided for the purpose of ready sale or lease, or divided successively within a five-year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area and which are under common ownership or control. O. Substandard Use. "Substandard Use" shall mean any use of or structure situated upon shorelands which existed prior to the date of the enactment of this Chapter and which is permitted within the applicable zoning district but does not meet the minimum iot area or length of water frontage, structure setbacks, or other dimensional standards of the Chapter. P. Variance. 'Variance" shall mean any modification or variation of official controls where it is determined that, because of hardships, strict enforcement of the official controls is impractical. Section 334.03 - Shoreland Management Districts and Uses Subd. 1. Classification of lakes. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and general health, safety and welfare, certain protected waters in the City have been given a shoreland management classification. These protected waters of the City have been classified by the commissioner of natural resources as follows: e DNR I.D. No. A. General Development lakes: Josephine 62-57 Johanna 62-78 Little Johanna 62-58 Karth 62-72 B. Recreational Development lakes: Round lake 62-70 C. Natural Environment lakes: Sunfish 62-65 Valentine 62-71 Subd. 2. Establishment of Shoreland Management Districts; Zoning Map. The boundaries of the shoreland management districts are hereby continued as shown on the map entitled "Official Zoning Map of e Ordinance #334 Page 3 e Arden Hills, Minnesota," which map shall be properly approved and filed in the office of the City Administrator. The shoreland management districts overlay existing zoning districts of the City also shown on the official zoning map pursuant to this Code and the City of Arden Hills Zoning Ordinance. As indicated in this Section, certain portions of the shorelands in the shoreland management districts are classified "general development lakes," others "natural environment lakes." The map and all of the notations, references and other information shown thereon shall have the same force and effect as if set forth in this Section at length. Subd. 3. Boundaries of Shoreland Management Districts. The boundaries of the shoreland management districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of a shoreland management district shown on the official zoning map, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon topographic elevations and other available technical data. Persons contesting the location of the shoreland management district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. Subd. 4. Permitted Uses. All permitted uses allowed and regulated by the applicable zoning district underlying the shoreland management districts as indicated on the official zoning map of the City shall be permitted in a shoreland management district. Subd. 5. Special Uses. A. All special uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying shoreland management districts as indicated on the official zoning map of the City shall be specially permitted uses therein. e B. Although boathouses are permitted in certain zoning districts, subject to certain restrictions, the Commissioner of Natural Resources requires that they be treated as special uses when they are located in shoreland management districts. Accordingly, boathouses located in shoreland management districts shall be subject to the special use permit procedures contained in this Code and in the City. Subd. 6. Substandard Uses. A. Continuation. Substandard uses or structures within the shoreland management districts which were in existence prior to the enactment of this Chapter shall be allowed to continue. However, any structural alteration, addition, or other modification which increases or extends the substandard conditions shall not be allowed except as permitted by the variance procedure more particularly described in this Chapter. B. Expansion. The expansion, reconstruction, or restoration of a substandard structure shall not be permitted if the cost of expansion, reconstruction, or restoration exceeds fifty (50) percent of the fair market value of the existing structure to be modified. Subd. 7. Nonconforming Uses. No nonconforming use within the shoreland management district shall be expanded or reconstructed except as permitted by this Code or the City of Arden Hills Zoning Ordinance. Subd. 8. Prohibited Uses. Any uses which shall not be permitted or special uses as regulated by the applicable zoning district underlying the shoreland management districts as indicated on the official zoning map of the City shall be prohibited in a shoreland management district. Section 334.04 - District Provisions e Subd. 1. District Requirements. The following standards shall apply to all shorelands of the protected waters listed in this Section. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth in this Section, then the more restrictive standards shall apply: Ordinance #334 Page 4 Natural Recreational General Environment Development Development Waters Waters Waters Lot area (sq. ft.): Riparian lot 40,000 20,000 14,000 Nonriparian lot 14,000 14,000 14,000 (for R-1 District) 11,000 (for R-2, R-3 and R-4 Districts) Minimum water frontage and width at building line 1ft.) 125 75 75 Structure minimum setback from ordinary hioh water mark (ft.) . 150 75 50 Structure minimum 40 for R-1, R-2, R-3, and R-4 Districts setbacks from streets 50 for B-1, B-2, and 1-2 Districts and hiahwavs (ft.) 55 for 1-1 District Structure maximum 35 for R-1, R-2, R-3, R-4, B-1, B-2, and 1-1 Districts heiaht (ft.) 45 for 1-2 District Maximum lot area 35 for R-1, R-2, R-3, and R-4 Districts covered (~y impervious 65 for 1-1 District surface oJc.) 75 far B-1, B-2, and 1-2 Districts e Subd.2. Substandard Lots. Lots of record in the office(s) of the County Recorder and/or Registrar af Titles prior to the date of enactment of this Chapter which da not meet the requirements may be allowed as building sites provided: A. The use Is permitted in the zoning district; e B. The lot is in separate ownership from abutting lands; and C. All other sanitary and dimensional requirements of this Chapter are complied with insofar as practical. Subd. 3. Raads and Parking Areas. Roads and parking areas shall be located to retard the runoff of surface waters and nutrients in accordance with the following criteria: A. Where feasible and practical, all roads and parking areas shall meet the setback requirements established for structures of this Chapter. B. In no instance shall these impervious roads or parking surfaces be placed less than fifty (50) feet from the ordinary high water mark. C. Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water. Subd. 4. Elevation of Lowest Floor. A. Structures shall be placed at an elevation consistent with the City's flood plain management controls as set forth in Chapter 13 of this Code. B. In areas not regulated by flood plain management controls, the elevation to which the lowest floor, including basements, shall be placed shall be determined as follows: e Ordinance #334 Page 5 . e e e 1. For lakes, ponds, and flowages, by (a) an elevation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota," or (b) placing the lowest floor at a level at least three (3) feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the ordinary high water mark shall be used. 2. For streams, by an evaluation of available flood information and consistent with "Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota." Subd. 5. Exceptions to Structure Setback Requirements. A. Boathouses, Piers, Docks. Setback requirements from the ordinary high water mark shall not apply to boathouses, piers, and docks. Location of piers and docks shali be controlled by applicable State and local regulations. Boathouses may be allowed as a special use provided they are not used for habitation and do not contain sanitary facilities. B. Adjacent Lots. On undeveloped shoreland lots that have two (2) adjacent lots with existing principal structures on both such adjacent lots, any new residential structure may be set back the average setback of the adjacent structures from the ordinary high water mark or fifty (50) feet, whichever is greater, provided all other provisions of the shoreland management districts are complied with. Subd. 6. On-site Sewage Treatment Systems. All permitted uses and special uses within the shoreland management districts shall be served with public sewer. No private on-site sewage treatment systems shall be permitted. Subd. 7. Shoreland Alterations. A. Removal of Natural Vegetation. The removal of natural vegetation shall be restricted to prevent erosion into protected waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland management districts shall be subject to the following provisions: 1. Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. 2. Clear-cutting of natural vegetation shall be prohibited. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed to retard surface runoff and soil erosion. B. Grading and Filling. Grading and filling in shoreland management districts or any alteration of the natural topography where the siope of the land is toward a protected water or watercourse leading to a protected water shall only be authorized by a permit. If the amount of grading, excavation, or filling is less than four hundred (400) cubic yards per single parcel or four hundred (400) cubic yards per acre of land, whichever is greater, an administrative permit shall be required. If the amount of grading, excavation, or filling exceeds four hundred (400) cubic yards per acre of land, whichever is greater, a special use permit shall be required. Such permits shall be applied for and approved in accordance with this Code and the City of Arden Hills Zoning Ordinance. Any such permit may be granted subject to the conditions that: 1. The smallest amount of bare ground shall be exposed for as short a time as feasible. 2. Temporary ground cover, such as mulch, shall be used and permanent ground cover, such as sod, shall be established. Ordinance #334 Page 6 3. Methods to prevent erosion and trap sediments shall be employed. 4. Fill shall be stabilized to accepted engineering standards, approved by the City e engineer. C. Protected WaterlWetlands. Any work which shall change or diminish the course, current or cross section of a protected water or wetland shall be approved by the Commissioner of Natural Resources, and the approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes, Section 105.42 and other related statutes. Subd. 8. Subdivisions. No land shall be subdivided which shall be held unsuitable by the City for the proposed use because of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewer access, or any other feature likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. Subd. 9. Planned Unit Developments. Planned unit developments may be permitted in accordance with this Code and the City of Arden Hills Zoning Ordinance, provided that preliminary plans are approved by the Commissioner of Natural Resources prior to their approval by the City, and further provided that: A. Open space is preserved through the use of restrictive deed covenants, public dedications, or other methods. B. The following factors shall be carefully evaluated to ensure the increased density of development shall be consistent with the resourCe limitations of the protected water: 1. Suitability of the site for the proposed use; e 2. Physical and aesthetic impact of increased density; 3. Level of current development; 4. Amount and ownership of undeveloped shoreland; 5. Levels and types of water surface use and public accesses; 6. Possible effects on overall public use. C. Any commercial, recreational, community, or religious facility allowed as part of the planned unit development shall conform to all applicable Federal and State regulations including, but not limited to, the following: 1. Licensing provisions or procedures; 2. Building codes; 3. Safety regulations; 4. Regulations concerning the appropriation and use of "protected waters" as defined by State law; 5. Applicable regulations of the Minnesota Environmental Quality Board. D. The final plan for a planned unit development shall not be modified, amended, repealed, or .. otherwise altered unless approved in writing by the developer, the municipality, and the _ commissioner. Ordinance #334 Page 7 . e e e E. There shall be centralized shoreline recreation facilities such as beaches, docks and boat launching facilities. Subd. 10. Variances. Variances shall be processed in accordance with the procedures outlined in the Zoning Ordinance with the impractical standard being applied. Section 334.05 - Administration Subd. 1. Construction Projects; Developments. All applications for building permits, special use permits, variances and planned unit development permits for projects located within shoreland management districts shall be subject to, and administered by, in addition to the provisions of this Chapter, all applicable provisions of this Code and the City of Arden Hills Zoning Ordinance. Subd. 2. Subdivisions. All applications for preliminary and final plats and minor subdivisions located within shoreland management districts shall be subject to, in addition to the provisions of this Chapter, all applicable provisions of this Code and shall be administered as described in this Code. Subd. 3. Notification of the Commissioner of Natural Resources. A. Variances. A copy of any request for a variance to the provisions of this Chapter or plats which propose any lots which require variances to the lot area and dimensional requirements of this Chapter or the notice of a public hearing to consider a special use permit or planned unit development permit shall be sent to the Commissioner of Natural Resources such that notice shall be received by the commissioner at least ten (10) days prior to the hearing or action on the request. B. Amendments. A copy of all amendments to this Chapter and final decisions granting variances or special uses within the shoreland management districts shall be sent to the Commissioner of Natural Resources within ten (10) days of the amendment or final action. C. Plats. Copies of all plats within the shoreland management districts shall be submitted to the Commissioner of Natural Resources within ten (10) days of final approval by the City. Effective Date: This ordinance shall become effective the day following its publication. Adoption Date: Passed by the City Council of the City of Arden Hills the day of 2001. ATTEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR Publication Date: Published on the of 2001. Ordinance #334 Page 8 , e ~ ~HILLS MEMORANDUM DATE: December 5, 2001 TO: Joe Lynch, City Administrator G Sheila Stowell, Administrative secret,-ry~ City Code of Ordinances FROM: SUBJECT: Backl!ronnd The code has been under consideration for recodification since approximately 1994. It has systematically been researched, edited and amended over the years by numerous attorneys at the League ofMillllesota Cities; the City Attorney; and American Legal Publishing Corporation. A staff concern continues to be continuity in the final document. e Considerations Due to the detailed nature of the recommended changes, research and attorney opinion required, staff has not yet completed final incorporation of all applicable changes recommended by Counci1member Rem and City Attorney Filla. We have included dated footnotes on each page for reference as future changes are made. Staff incorporated newly adopted ordinances and various standing policies as appendices as appropriate. Fee Resolution The Code of Ordinances does not include fees to be charged, but references the allllual resolution entitled, "A Resolution Establishing the Fee Schedule for _(year)." This resolution is scheduled to come before the City Council for discussion, review and adoption at their Worksession and Special Council Meeting on December 17, 2001. Items of note as the City Council considers adoption are: . Adoption ofthe Code requires three (3) affirmative votes; . Suggested effective date is January I, 2002; and . The Ordinance Summary requires a 4/5 vote. e Actions Requested Staff recommends that the City Council adopt the new Code of Ordinances to be effective January I, 2002, with publication of an ordinance summary between December 10th and January I st. Adoption of the Code of Ordinances should be contingent upon final review by City Attorney Filla. r Memorandum, Recodification 2 December 5, 2001 If CounciImembers concur on adoption of the new Code of Ordinances at the December .a 10,2001 meeting, staffrecommended actions include: ,., . Adoption of new City Code of Ordinance, as revised and amended, to become effective January 1, 2001 following publication of Ordinance Summary No. 335; . Adoption of Ordinance Summary No. 335; and . Adoption of Res. #01-24, Adopting a Schedule of Fees and Charges for Various Services, Licenses and Permits for the City of Arden Hills, Minnesota. A copy of the Public Hearing Notice, Table of Contents, and Index is enclosed for Council reference. Upon final approval by City Attorney Filla, staff will outsource printing of the document to provide copies for Councilmembers, staff, consultants, various agencies and the public as needed. Enclosures c: City Attorney Filla e e . e ARDEN HILLS, MINNESOTA CODE OF ORDINANCES This manuscript contains current local legislation. e Adopted December 10,2001 by the Arden Hills City Council AMERICAN LEGAL PUBLISHING CORPORATION e 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 . e e e City of Arden Hills Section 100. no. 120. 200. 210. 220. 230. Table of Contents ARDEN HILLS, MINNESOTA CODE OF ORDINANCES TABLE OF CONTENTS CHAPTER 1: CODE INTRODUCTION General Provisions Rules of Construction and Definitions Violations and Penalties CHAPTER 2: ADMINISTRATION Elections City Council Boards, Committees and Commissions Emergency Operations CHAPTER 3: LICENSES AND REGULATIONS 300. General Provisions 310. Fees 320. Limited, Temporary Permits 330. Licensed Businesses, Occupations and Activities CHAPTER 3: LICENSES AND REGULATIONS (Cont'd) 1 City of Arden Hills Table of Contents 340. e Peddlers, Solicitors and Transient Merchants 350. Tobacco Regulatious 360. Rights-of Way CHAPTER 4: ANIMALS AND PETS 400. General Provisions 410. Dogs 420. Kennels 430. Cats 440. Wild and Exotic Animals e CHAPTER 5: ALCOHOLIC BEVERAGES 500. General Provisions 510. Intoxicating Liquors 520. 3.2 Malt Liquor CHAPTER 6: NUISANCES AND OFFENSES 600. General Provisions 610. Abandoned Property 620. Offenses CHAPTER 6; NUISANCES AND OFFENSES (Cont'd) 630. Construction Activities e 2 e e . City of Arden Hills Table of Contents 640. Property Complaint Data CHAPTER 7: RECREATION AREAS 700. Lakes 710. Trees and Vegetation 720. Arden Hills Parks System CHAPTER 8: TRAFFIC AND MOTOR VEHICLES 800. 810. Traffic and Parking Regulations Recreational Motor Vehicles CHAPTER 9: BUILDING REGULATIONS 900. 910. Adoption of Minnesota Building Code Swimming Pools CHAPTER 10: UTILITIES 1000. Water 1010. Sewers CHAPTER 11: SUBDIVISIONS 1100. 1110. General Provisions Preliminary Plat 3 City of Arden Hills Table of Contents 1120. Final Plat e 1130. Minimum Subdivision Design Standards 1140. Required Improvements 1150. Planned Unit Developments 1160. Variances and Exemptions Appendix: Fee Schedule Resolution PARALLEL REFERENCES References to Minnesota Rules References to Minnesota Statutes e INDEX e 4 . . . City of Arden Hills Index INDEX 3.2 MALT LIQUOR (See ALCOHOLIC BEVERAGES) ABANDONED PROPERTY (See NUISANCES AND OFFENSES) ABANDONED VEHICLES (See NUISANCES AND OFFENSES) ALARM SYSTEMS (See NUISANCES AND OFFENSES) ALCOHOLIC BEVERAGES 3.2 Malt Liquor Closing hours, 520.05 Consumption by minors, 520.12 Consumption in public restricted, 520.06 Employment of minors, 520.09 Federal liquor stamps, 520.03 Gambling, 520.14 Licenses, 520.01 Liquor consumption and display, 520.13 ALCOHOLIC BEVERAGES (Cont'd) 1 City of Arden Hills Index Misrepresentation of age, 520.08 Possession by minors, 520.11 Procurement for minors, 520.10 Prohibited interests, 520.02 Responsibility of licensee, 520.04 Right of entry, 520.15 Sale restricted, 520.07 Definitions, 500.01 Intoxicating Liquors Delivery to minors; drnnkards, 510.08 Ethyl alcohol, neutral spirits prohibited, 510.12 Gambling; disorderly house, 510.09 Hours of consumption, 510.04 Hours of operation, 510.05 Hours of sale, 510.03 Licenses, 510.01 Liquor in unlicensed places, 510.06 Minors, 510.07 Ownership of equipment; fixtures, 510.10 Refilling; tampering with package, 510.11 ALCOHOLIC BEVERAGES (Cont'd) Responsibility of licensee, 510.02 e e . 2 e e e City of Arden Hills Index Right of entry for inspection, 510.13 Prohibited acts, 500.02 ANIMALS AND PETS Cats Abatement, 430.03 Notice, 430.02 Nuisances, 430.01 Citations and impoundment, 400.04 Definitions, 400.01 Dogs Destruction of certain dogs, 410.06 Diseased or vicious dogs, 410.05 Habitual howling and barking dogs unlawful, 410.04 Muzzling proclamation by mayor, 410.07 Owner to clean up after dog, 410.02 Owner to prevent nuisances, 410.03 Running at large; control, 410.01 ANIMALS AND PETS (Cont'd) Violation; penalties, 410.08 Kennels 3 City of Arden Hills Index Application, 420.02 Denial of license, 420.05 Duration; non-transferability, 420.07 Fees, 420.06 Investigation, 420.03 Issuance and conditions of license, 420.04 Licenses and permits required, 420.01 Quarantine of biting animals, 400.02 Registration, 400.03 Wild and Exotic Animals Allowable animals, 440.04 Existing wild and exotic animals, 440.07 Impounding of animals, 440.06 Permanent permits, 440.03 Prohibition, 440.01 Raising of animals for pelts, 440.05 Temporary permit, 440.02 e e BOARDS, COMMITTEES AND COMMISSIONS Advisory committees, 220.02 General, 220.01 e 4 e e e City of Arden Hills Index BUILDING REGULATIONS Adoption of Minnesota Building Codes Application, administration and enforcement, 900.01 Permits and fees, 900.02 Permit fees for miscellaneous construction permits, 900.02 Violations and penalties, 900.03 Building code, 900.04 Optional appendices and chapters, 900.05 Fire code, 900.06 Storing liquids, gases, explosives, blasting agents prohibited, 900.07 Licenses, 900.08 Swimming Pools Definition, 910.01 Compliance, 910.02 Variances, 910.03 Permitted accessory structure, 910.04 Use restricted, 910.05 BUILDING REGULATIONS (Cont'd) Building code applicable, 910.06 Building permit required, 910.07 Special use permit, 910.08 Applications, 910.09 5 City of Arden I-lills Index Fee, 910.10 Construction standards, 910.11 e BUILDINGS (See BUILDING REGULATIONS) CATS (See ANIMALS AND PETS) CITY COUNCIL (See also ELECTIONS) Council meetings, 210.03 Execution of ordinance; ordinance book, 210.06 Minutes, 210.05 Rules and procedures, 210.04 Salaries, 210.02 Terms of councilmembers; mayor, 210.01 e CODE INTRODUCTION Additions, 100.02 Code Designation; citation, 100.01 Copies, 100.05 Effect of repeals or amendments, 100.07 Existing rigbts and liabilities, 100.06 Numbering, 100.03 e 6 e e e City of Arden Hills Index Rules of Construction and Definitions Conflicts, 110.10 Definitions, 110.02 Delegation of authority, 110.04 Exception to rules of interpretation, 11 0.07 General, 110.01 Incorporation by reference, 11 0.08 Joint authority, 110.05 Parenthetical and reference matter, 11 0.09 Reasonable time, I 10.06 Special interpretations, 110.03 Severability of parts of code, 100.08 Title headings; cross references, 100.04 Violations and Penalties CODE INTRODUCTION (Cont'd) Altering code, 120.02 General penalty, 120.03 Issuances of summonses, 120.04 Police power extended to city property, 120.01 CURFEW (See NUISANCES AND OFFENSES) 7 City of Arden Hills DOGS (See ANIMALS AND PETS) ELECTIONS Absentee ballot, 200.02 Date of election, 200.01 EMERGENCY OPERATIONS PLAN, 230.01 EXOTIC ANIMALS (See ANIMALS AND PETS) FIRE HYDRANTS (See UTILITIES) FIRE PROTECTION, 220.05 FOOD HANDLING (See NUISANCES AND OFFENSES) GAMBLING (See ALCOHOLIC BEVERAGES; LICENSES AND REGULATIONS) GARBAGE (See NUISANCES AND OFFENSES) INTOXICATING LIQUOR (See ALCOHOLIC BEVERAGES) KENNELS (See ANIMALS AND PETS) 8 Index e e e e . e City of Arden Hills Index LAKES (See RECREATION AREAS) LICENSES AND REGULATIONS Fees and Penalties Establishment offees by resolution, 310.01 Payment required, 310.02 Penalties for late payment, 310.03 License Required; Duties and Compliance Applications generally, 300.04 Cbange of locations of premises, 300.11 Compliance with law, 300.07 LICENSES AND REGULATIONS (Cont'd) Duty of licensees, 300.09 Expiration, 300.10 Forms, 300.05 Inspections and investigations, 300.08 Liability insurance, 300.06 License required, 300.02 Persons subject to chapter, 300.03 Posting of licenses, 300.12 Purpose, 300.01 9 City of Arden Hills Suspension or revocation, 300.13 Licensed Businesses, Occupations and Activities Amusement facilities, 330.01 Gambling, 330.02 Massage, rap and sauna parlors, 330.03 Limited, Temporary Permits Additional regulations, 320.06 Application, 320.02 Approval,320.10 Businesses, occupations, activities for which fee not required, 320.09 Cancellation, 320.07 LICENSES AND REGULATIONS (Cont'd) Duration, 320.05 Issuance, 320.04 Limit on duration and occasion of garage sales, 320.11 Permit fees established by resolution, 320.08 Required, 320.01 Waiver offees, 320.03 Peddlers, Solicitors and Transient Merchants Administrative review fee, 340.05 Definitions, 340.02 Duration, 340.09 10 Index e e e e e . City of Arden I-lills Index Exemptions, 340.04 Exhibition of permit, 340.07 False information, 340.10 Hours of operation, 340.08 Investigation and issuance, 340.06 Misdemeanor, 340.11 Penalty, 340.13 Purpose, 340.01 Registration required, 340.03 Revocation, 340.12 LICENSES AND REGULATIONS (Cont'd) Rights-of-Way Abandoned and unusable facilities, 360.28 Administration, 360.04 Appeal, 360.29 Damage to other facilities, 360.25 Definitions, 360.03 Denial of permit, 360.16 Election to manage the public rights-of-way, 360.02 Findings, purpose and intent, 360.01 Indemnification and liability, 360.27 Inspection, 360.18 11 City of Arden Hills Index Installation requirements, 360.17 Issuance of permit; conditions, 360.10 Joint applications, 360.13 Location and relocation of facilities, 360.23 Mapping data, 360.22 Otber obligations, 360.15 Permit applications, 360.09 Permit fees, 360.11 Permit requirement, 360.08 LICENSES AND REGULATIONS (Cont'd) e Pre-excavation facilities location, 360.24 Registration and rigbt-of-way occupancy, 360.05 Registration information, 360.06 Reporting obligations, 360.07 Revocation of permits, 360.21 Right-of-way patching and restoration, 360.12 Rigbt-of-way vacation, 360.26 Supplementary applications, 360.14 Supplementary notification, 360.20 Work done without a permit, 360.19 Tobacco Regulations Administrative fine, suspension or revocation, 350.11 e e 12 e e e City of Arden Hills Index Basis for denial of license, 350.05 Compliance checks and inspections, 350.09 Definitions and interpretations, 350.02 Exceptions and defenses, 350.13 Fees, 350.04 Hearing, 350.12 License, 350.03 Prohibited sales, 350.06 LICENSES AND REGULATIONS (Cont'd) Purpose, 350.01 Responsibility, 350.08 Vending machines, 350.07 MASSAGE PARLORS (See LICENSES AND REGULATIONS) MAYOR (See CITY COUNCIL) NUISANCES AND OFFENSES Abandoned Property Authority to impound vehicles, 610.05 Contracts; reimbursement by MPCA, 610.12 Definitions, 610.03 13 City of Arden Hilts Index Disposal authority, 610.11 Disposition by impound lot, 610.10 Disposition of abandoned property, 610.01 Findings and purpose, 610.02 Notice of taking and sale, 610.07 Operator's deficiency claim; consent to sale, 610.09 Right to reclaim, 610.08 NUISANCES AND OFFENSES (Cont'd) Sale; waiting periods, 610.06 Violation to abandon motor vehicle, 610.04 Abatement, 600.05 Duties of city officers, 600.04 Nuisance affecting peace and safety, 600.03 Nuisance defined, 600.01 Nuisances affecting health, 600.02 Offenses Adoption of state law, 620.01 Alarm systems, 620.05 Curfew, 620.02 Food and food handlers, 620.06 Garbage and trash, 620.04 Weapons, 620.03 e e e 14 e e e City of Arden Hills Index Prohibited Activities, 630.01 Recovery of cost, 600.06 Registering Complaints; Confidentiality, 640.01 OFFENSES (See NUISANCES AND OFFENSES) PARKING (See TRAFFIC AND MOTOR VEHICLES) PARKS (See RECREATION AREAS) PEDDLERS (See LICENSES AND REGULATIONS) PENALTIES (See CODE INTRODUCTION) PLANNING COMMISSION, 220.03 PROPERTY (See NUISANCES AND OFFENSES) RECREATION AREAS Lakes Enforcement, 700.04 Josephine lake; regulations, 700.08 15 City of Arden Hills Index Laws and regnlations adopted, 700.02 Nonsanctioned racing prohibited, 700.07 Purpose, intent and application, 700.01 Speed zones, 700.06 Surface zoning map, 700.05 RECREATION AREAS (Cont'd) Violations, 700.03 Park System Definitions, 720.02 Diversion and disposal of recreation areas, 720.09 General conduct, 720.06 Operating hours and access, 720.03 Penalties for violation, 720.08 Permits, 720.04 Purpose, 720.01 Special activities, 720.05 Traffic rules, 720.07 Trees and Vegetation Identifying recommended location, 710.08 Minimum area, 710.04 Minimum size, 710.02 Permits, 710.10 e e e 16 e e e City of Arden Hills Index Permitted varieties, 710.03 Prohibited locations, 710.09 Protection of shade trees, 710.11 Pnrpose, 710.01 RECREATION AREAS (Cont'd) Responsibility, 710.07 Restoration sod, 71 0.06 Spacing, 710.05 RlGHTS-OF- WAY (See LICENSES AND REGULATIONS) SEWERS (See UTILITIES) SMOKING (See LICENSES AND REGULATIONS) SOLICITORS (See LICENSES AND REGULATIONS) SUBDIVISIONS Building Permit, 1100.03 Copies of plats, 11 00.06 Definitions, 11 00.04 Final Plat 17 City of Arden Hills Index Filing and changes, 1120.01 Necessary data, 1120.02 Improvements e SUBDIVISIONS (Cont'd) Additional improvements, 1140.03 City improvements, 1140.02 Curbs and gutters, 1140.06 Sidewalks, 1140.05 Survey monuments, 1140.01 Utilities, 1140.04 Minimum Design Standards Alleys and pedestrian ways, 1130.04 Blocks, 1130.06 Conformity with City plan, 1130.01 Easements, 1130.05 Lots, 1130.07 Public use dedications, 1130.08 Street plan, 1130.02 Streets, 1130.03 Planned Unit Development Definition, 1150.01 Final plat procedure, 1150.06 e e 18 e e e City of Arden Hills Index Preliminary plans, 1150.04 Preliminary plat procednre, 1150.05 SUBDIVISIONS (Cont'd) Rnles,1I50.03 Scope, 1150.02 Preliminary Plat Council actions, II 1 0.03 Filings, 1110.01 Necessary data, 1110.02 Qualifications governing approval, 1110.04 Purpose and interpretation, 1100.01 Scope, II 00.02 Variances and Exemptions Applications, 1160.02 Conditions for variance, 1160.01 Division or consolidation of platted lots of record, II 60.04 Minor subdivisions of unplatted property, 1160.03 Zoning, 1100.05 SWIMMING POOLS (See BUILDING REGULATIONS) TOBACCO REGULATIONS (See LICENSES AND REGULATIONS) 19 City of Arden Hills Index UTILITIES (Cont'd) Certain connections prohibited, 1010.03 Connections reqnired, 1010.02 General operation, 1010.01 Maintenance, 1010.07 Permits, 1010.05 Rates and charges, 1010.11 Sewer availability, 1010.12 Snpervision of connections, 1010.04 Surface water management utility, 1010.14 Tampering with system, 1010.06 Types of wastes restricted or prohibited, 1010.08 Underground installation of distribution lines, 1010.13 e e Water Abandoned services, 1000.09 Connections, 1000.19 Connections at or beyond city limits, 1000.12 Connections barred, 1000.18 Deficiency and temporary shut-off water, 1000.05 Discontinuance of service for violations, 1000.04 Fire hydrants, 1000.22 UTILITIES (Cont'd) e 21 e . e City of Arden Hills Index General operation and administration, 1000.01 Meters and hydrants, 1000.21 Permits required for air conditioning, 1000.17 Permits required for private use of water towers, 1000.23 Private water supplies, 1000.14 Private wells, 1000.15 Rates and charges, 1000.20 Repair of leaks, 1000.08 Restrictions and limitations of water use, 1000.13 Service pipes, 1000.10 Supply from one service, 1000.06 Tapping of mains prohibited, 1000.07 Use confined to premises, 1000.11 Use of water for air conditioning, 1000.16 Use of water restricted to authorized persons, 1000.02 Wilful damage to water system, 1000.03 VEGETATION (See RECREATION AREAS) VIOLATIONS (See CODE INTRODUCTION) WATER (See UTILITIES) 22 City of Arden Hills Index WEAPONS (See NUISANCES AND OFFENSES) WILD ANIMALS (See ANIMALS AND PETS) 23 e e e CITY OF ARDEN HILLS COUNTY OF RAMSEY ST ATE OF MINNESOTA e ORDINANCE NO. 335 AN ORDINANCE SUMMARY ADOPTING A NEW MUNICIPAL CODE FOR THE CITY OF ARDEN HILLS, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY OF ARDEN HILLS DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES WHEREAS, Minnesota Statutes Sections 415.02 and 415.021 authorize the City to cause its ordinances to he codified and printed in a book; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA HEREBY ORDAINS: The general ordinances of the City as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are hereby adopted and shall constitute the "Code of Ordinances of the City of Arden Hills." This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. Section 1. e Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles: Chapter 1: Chapter 2: Chapter 3: Chapter 4: Chapter 5: Chapter 6: Chapter 7: Chapter 8: Chapter 9: Chapter 10: Chapter 11: Code Introduction Administration Licenses and Regulations Animals and Pets Alcoholic Beverages Nuisances and Offenses Recreation Areas Traffic and Motor Vehicles Building Regulations Utilities Subdivisions e e e e " Ordinance Summary No. 335 Page Two December 10,2001 Appendix: The following ordinances and franchise agreements are incorporated as part of the recodified City Code and shall remain in full force and effect until amended or repealed by appropriate action by the City Council. . Ordinance 311, Regarding Siting of Adult Establishments within any Zoning District, adopted on the 2nd day of February, 1999 . Ordinance 312, Relating to Parking Regulations, adopted on the 8th day of February, 1999 . Ordinance 313, Emergency Operations Plan, adopted on the 12th day of April, 1999 . Ordinance 314, Providing for the Inspection of Property to determine Illegal Connections to the Sanitary Sewer System and to Provide a Surcharge for Non-Compliance with Inspection and Connection Requirements, adopted on the 30th day of August, 1999 . Ordinance 315, Adding Neighborhood Business District to the City of Arden Hills Zoning Ordinance, adopted on the 27th day of September, 1999. . Ordinance 316, Adding a Civic Center Zoning District to the City of Arden Hills Zoning Ordinance, adopted on the 13th day of December, 1999 . Ordinance 317, Adding Section N.A. to the Zoning Ordinance of the City of Arden Hills, Relating to the Rezoning of Property, adopted on the 13th day of December, 1999 . Ordinance 318, Relating to Charitable Gambling, adopted on the 24th day of April, 2000. . Ordinance 319, Relating to the Collection of Garbage and Refuse, adopted on the 31 st day of July, 2000 . Ordinance 320, Amending Section VI(I); Antennas, Satellite Dish Antennas and Towers of the City of Arden Hills Zoning Ordinance, adopted on the 10th day of October,2000 . Ordinance 321, Amending Ordinance 291, City of Arden Hills Zoning Ordinance, adopted October 10, 2000 . Ordinance 322, Amending City of Arden Hills Zoning Ordinance, adopted October 10th, 2000 . Ordinance 323, Amending Ordinance 291, City of Arden Hills Zoning Ordinance, Section 4(A), Relating to the Rezoning of Property, adopted on the 27th day of November, 2000 . Ordinance 324, Amending Ordinance 291, City of Arden Hills Zoning Ordinance, Relating to Neighborhood Business District, adopted on the 29th day of January, 2001 Ordinance Summary No. 335 Page Three December 10, 2001 e . Ordinance 325, Amending Ordinance 291, City of Arden Hills Zoning Ordinance, Section 6(C))#1 Setbacks, adopted on the 29th day of May, 200l. . Ordinance 326, Relating to Construction Work Within Public Rights-of-Way Management, adopted on the 9th day of July, 2001 . Ordinance 327, Adding Chapter 360 Relating to Right-of-Way Management to the City of Arden Hills Municipal Code, adopted 9th day of July, 2001 . Ordinance 328, Requiring Erosion and Sediment Control for Land Disturbance Activities within the City of Arden Hills, adopted on the 9th day of July, 2001 . Ordinance 329, Adult Uses, Amending Zoning Ordinance 291, adopted on the 25th day of June, 2001 . Ordinance 330, Amending Chapter 12 of the Arden Hills City Code, Article II, Division I and II, the Surface Use of the Waters of Lake Johanna, adopted on the 9th day of July, 2001 . Ordinance 331, Flood Plain Management, An Ordinance Adopting Flood Plain Management Standards Within the City of Arden Hills, adopted on the 13th day of November, 2001 . Ordinance 332, (Open) . Ordinance 333, adopting Sign Regulations for the City of Arden Hills, adopted on the 26th day of November, 2001 . Ordinance 334, Shoreland Management Standards, (Adoption Pending) .. . Cable Communication Franchise ., . Gas Distribution Franchise . Electrical Distribution Franchise . Personnel Ordinance No. 275, as amended . Emergency Operation Plan (EOP) . Assessment Policy . Pavement Management Plan (PMP) Section 3. All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date ofthis ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places. . e e . Ordinance Summary No. 335 Page Four December 10, 2001 Section 4. Section 5. Section 6. Effective Date. Adoption Date. ATTEST: Nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinance. All fees established in prior ordinances codified in this Code shall remain in affect unless amended in this code or until an ordinance adopting a fee schedule is adopted or amended. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the City's official newspaper. The Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and be kept in the office ofthe City Clerk. A copy of the entire ordinance is available for inspection by any person during normal business hours at the Office of the City Administrator at 1245 West Highway 96, Arden Hills, MN 555112. The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the State of Minnesota. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect January 1, 2002, following publication of this Ordinance Summary in the City's official newspaper. This ordinance shall become effective on January 1, 2002 and following publication of an Ordinance Summary as approved by the City Council. Passed by the City Council of the City of Arden Hills this 10th day of December, 2001. DENNIS PROBST, MAYOR JOSEPH P LYNCH, CITY ADMINISTRATOR Published on the ~ day of , 200 I. Publication Date. RESOLUTION NO. 01-24 t.~",<\',; j'. ~ e CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ADOPTING A SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES, LICENSES AND PERMITS FOR THE CITY OF ARDEN HILLS, MINNESOTA WHEREAS, the City Council of the City of Arden Hills has adopted the Minnesota Basic Code as it has been amended and supplemented to be its city code and that code permits the city to adopt by ordinance a schedule of fees and charges for various services, licenses and permits: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: Section 1. All fees and charges in effect as of the date of the adoption of the city code for the city shall remain in effect unless otherwise modified by the provisions of this ordinance. All citations below are to various sections of the city code unless otherwise indicated. Section 2. The following are the fees and charges for the permits, licenses and services listed below which are referenced to the section of the city code which authorizes their establishment: e 1. Any person, firm or corporation who violates any provision of this code, pursuant to Subsection 120.03, for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $700, imprisonment for a term not exceeding 90 days, or both. In either case, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Any person, firm or corporation who violates any provision of this code which is a petty offense, defined by this code to be a petty misdemeanor, shall upon conviction be subject to a fine not exceeding $200. 2. The first violation, pursuant to Subsection 350.11, within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $200. The second violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $500. The third violation within twenty-four (24) months shall subject the licensee, at licensee's option, to the payment of an administrative fine of $ 1,000 or to a minimum seven (7) business day suspension of the license. 1 e e . . ,"','" RES. NO. 01-24 PAGE TWO DECEMBER 10, 2001 The licensee shall notify the city administrator in writing within ten (10) days of the date specified in the license violation notice iflicensee selects a license suspension option or shall otherwise remit the administrative fine to the City within such time period. The fourth violation within twenty-four (24) months shall subject the licensee to the payment of an administrative fine of $1, 500 and to a minimum seven (7) business day suspension of the license. 3. Violations of Subsection 410.08 shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine and/or imprisonment to the extent authorized by law for a misdemeanor. The minimum fine for the first offense of a dog shall be twenty-five dollars ($25). The minimum fine for any subsequent offense by the same dog shall be fifty dollars ($50). 4. The applicant for permit to raise animals for pelts, pursuant to Subsection 440.05, shall provide the City with proof of insurance including public liability insurance with limits of not less than one hundred thousand dollars ($100,000). The insurance shall provide coverage for liability resulting from the ownership or possession of the animal(s) being permitted. 5. No license granted under the provisions of 1000.08 shall become effective until the licensee shall have filed with the city administrator a memorandum of public liability and property damage insurance in the amount of at least fifty thousand dollars ($50,000) for each injury, one hundred thousand dollars ($100,000) for all injuries and twenty-five thousand dollars ($25,000) property damage coverage for accidents resulting from work performed by the licensee in the City. 6. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her pipe within twenty-four (24) hours after verbal or written notice thereof, pursuant to Subsection 1000.08, the water shall be shut off and shall not be turned on until the sum of twenty-five dollars ($25) has been paid and the leak repaired. 7. Pursuant to Subsection 1000.21, a consumer may have his or her meter tested for accuracy by making written request therefore and depositing thirty-five dollars ($35) with the city administrator at the time the request is made. In the event the test shows an error of over five (5%) percent ofthe water allegedly consumed, the deposit shall be refunded to the consumer and a correctly registering meter shall be installed, with the bill to be adjusted in accordance with the corrected reading. Ifthere is no error or the error is less than five (5%) percent, the deposit shall be retained by the City. 2 RES. 01-24 PAGE THREE DECEMBER 10,2001 8. Any adjustment shall not extend for more than one billing period before the date of the request for test. The deposit charges for meter testing shall be as established from time to time in a resolution adopted by the Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, THIS 10TH DAY OF DECEMBER, 2001 . ATTEST: DENNIS PROBST, MAYOR JOSEPH P. LYNCH, CITY ADMINISTRATOR 3 , L . . . 10/12/01 FRI 10:06 FAX 612 624 7351 MK l'SLS Dat~: To: From: Re: MEMORANDUM October 12, 2001 Arden Hills City council Lois Rem City cf Arden Hills Code of Ordinances Here is a list of questions and comments based on my reading the Code. Please note that I have not listed any of the numerous . errors in punctuation and grammar. of Chapter 1 Page 1-14 120.03, Subd.l,2: Why state penalties here-- these are statutory misdemeanor and petty penalties. chapter 2-3 2-5 2-11 2-12 Chapter 3-7 3-18 3-56 3-63 3-76 3-98 3-103 3-106 3-114 3-118 3-122 3-132 2 Shouldnt1:;. this include uconfirmation'" that vote was "'not* received in person at precinet? subd.2: lJote nwhether or not a quorum is present" Subd.2: subd.3 & 4 appear to be subsections of this subd. Subd.4: See the note following this. Are other Re~olution$ similarly inserted into this code? Thi~ is the only one so noted: I know there are others. 3 310.01: J'inal line should ~tate, "a~ found in the fee re~olution appendix" (cf 310.03) 9. References to subpart 5 seem contradictory. A.l: Zoning distriet. Something seems to be missing(sense between paragraph A and this section 1.) c, Line 3: "interested parties has had, within five..." 7: Should be "or" instead of "and"? Subd 2: Why,include fine amounts instead of referring to fee appendix or state statute? F.5: Lin~ end should be "or" instead ot "and." R. "Five-Year project Plan" refers to... (unless diagram is included in eode). RR. "Two'-Year projeet Plan" refers to... (see 3-106). E,F: Do both of these paragraphs follow from (D): The city may requ.lre a copy of... "? Otherwise they make nO sense. If they follow from D, they should be subordinate to it. Subd.2: Insert "or" ["No person may excavate .Q.!: obstruct..."] Subd.~: Director-- is this term defined? Do we want to use it here ~nd elsewhere? Chapter 7 7-2 700.04: Does this include current changes re buoys on Lake Johanna? 7-17 Subd. 7: Sentence "... mailing thereof. The notices ..." 10/12/01 - l t,t] 002 . . . . e e e 10/12/01 FRI 10:06 FAX 612 624 7351 llN USLS ~003 7-24 7-29 7-32 Chapter 9-6 9-7 9-8 Chapter 10-2 10-14 10-23 10-25 10-26 10-35 10-39 10-42 10-44 10-47 10-55 10-57 10-58 10-59 10-61 chapter 11-5 11-6 11-7 11-17 11-28 11-32 11- 60 10/12/01 720.02, Subd.l,2,5,8: Redundant definitions. Subd6; Instead of "in accordance," should be "unless"? Subd2,A: "in custody" should be "with custody." 9 900.05 Subd.1: Why list these uses explicitly? 900.07 (all subds): Should prohibited districts also include NB and CC? (Why not state as "permitted only in"?) 900.08: Why are business licenses in this chapter? (just curious) 10 Subd.3: Do~ble reference to city administrator. B,B.1: Public works director again-- should be "other city official"'? B.2: 12: layers; soil~ *not* deemed suitable? C. Why "The Council has noted that"? Subd.2, line 2: Not two sentences (wear and tea::, the City shall) . Subd.6: The owner or occupant Subd.3: Isn't there more "codel1 text for this section (sump pumps) ? B, line 3: Should be 2 sentences "... respectively located. Charges " See note on 10-23 above. Subd.1, line 2: local governments Subd.l: Why is this pa::agraph here? C.: "for a _-acre...1f Subd3: Is this current practice? H. Add zoning NB, ee. Subd.4: Again, add zoning NB, ce. A~ "frequency specified in this .code"-- where is this information? Subd.ll: Annual certification. This applies to water billing and should be under that division. 11 Subd.9: refer to Chapter 2, 220.03, p.2-12 Subd.13: incorporate changes in designations per current PMP; define "alley." F: Is this.our actual working definition? (See also p.11-25 which seems to include right-of-way and p.11-40, Subd.2A.) Subd.2 A: Rfirst regular meeting" is in practice "second regular "eeting." subd.9: Should this be "alleys shall not be permitted"? Subd.5: "Council may wish to discuss" is not appropriate code language. Subd.1: 2nd sentence needs fixing ("if a registered land survey is specified ... if a registe::ed land survey is submitted.. . ") - 2 \\cwer. L. Feter'~2!1 Icrome I: filic' DCOl1fei \\il ;:-I-am Glenn A REI'2nl<'1'" johll [\-1ichae(Mii:er .\'liclICiel T Oberle Steven H Bruns~ Paui \V Fahning Esther E. 1\1cGinnis Jeffrey J. Cohell T)"TEDC:;(~)~ 1 J L.. 1",--=,,-",'{ :JL ~ -cJi'ii, :k c:.t-'::: ~.- r..-"ir,\ . 1~- J !" r t, ')0 East Firth Street St. Paul, iVi\ ')";JOI-1107 [6')11 Y!j-8()'j'j 16,1) 228-1700 facsimil_ Direct Dial #(651) 290-6907 jfilla@pfb-pa.com September 27,2001 Joe Lynch City Administrator City of Arden Hills 4364 West Round Lake Road Arden Hills, MN 55112-5794 , , >; r; 2e01 CiT{ \.., RE: Recodification Our File No.: 10450/990003 Dear Joe: I have reviewed Chapters 100 through 1160 of the proposed recodification. I offer the _ following general comments: ., 1. Section 110.02. This section contains definitions for the code. There are other sections which also contain definitions (330.02, Subd. 1, 330.03, Subd. 2, 340.02,350.02,360.03,500.01,620.04, Subd. 2, 81O.Gl, Subd. 4, and 1100.04). Some city codes incorporate all definitions into one section. 2. Section 110.01. Where there are conflicts between various sections, the more restrictive provision usually applies. This type of wording can be added in this section. 3. Section 210.03. Subd. 1. This section is overly restrictive. The Council should retain the right to have regular council meetings on any day that the Council deems appropriate as long as the notice requirements are satisfied. 4. Section 210.03, Subd. 3. This section includes reference to a specific statute. Generally, I do not recommend specific references where they can be avoided because statutes change and codes become outdated without the City being specifically aware. In this particular case, M.S. 9471.705 has already been amended. e . September 27,2001 Page 2 5. Sections 220.02, Subd. 2. 3, and 4. These sections reference the City Economic Development Authority and should be set out in the same manner as the regulations for the Planning Commission. (See Section 220.03). The last sentence of Section 220.02, Subd. 3 is incorrect and should be eliminated. Economic Development Authority Members are appointed by the City Council. Section 220.02, Subd. 4 is not necessary. 6. Section 220.03. Parts of these provisions indicate the Planning Commission is making final decisions (Section 220.03, Subd. 60), and parts indicate that the Planning Commission is making recommendations (Section 220.03, Subd. 10). Sections 220.03, Subd. 6C andSubd. 10seem redundant. 7. Section 330.03. I originally thought that these provisions would be covered by the City "Adult Use" provisions. Upon further review, I don't think that is the case. The City still needs regulations for massage and sauna parlors. 8. Section 1100.05. If the zoning regulations are included in an appendix to the codified regulations, a specific reference can be indicated in this particular section. . 9. Section 1110.03. Subd. 1. I am not sure if the procedure outlined in this section is actually followed by the City. I think preliminary plats automatically are referred to the Planning Commission for hearings. 10. Section 1150. Planned Unit Developments are covered by the zoning code. The City's adult use, flood plain, shoreland regulation, excavation, and zoning regulations can be codified or at least referenced in the codified portion of the code. If they are not codified now, they couid be included at a later date when the City is able to work on the City Code in- house. e September 27, 2001 Page 3 e If you have any questions, please contact me. JPF:bab Very truly yours, &rel(1&~ . e I r e e e dl/prr'-1 /fO ~ 1 . 1 AI l~tJ- '. bl ~} \l\~~' " " j.i. _t/'c-,"' \1 { . 'f' " ;1. l.> ftH~rillt[ November 14, 2001 M I, N NEAP Mr. Joe Lynch - City Administrator Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 55112-5794 \, Re: Arden Hills City Hall e Payment Application Nu er 14 Comm. No. 1997149 . ~- , , ., \ I \ \,'-(1.-.. , --,"':-\vt. \ /~ >:~. \ \}v" \, .' Y '. l-nS' ~:\~~C\~~~~~C) l0\\'\'cY~ ,", Ond- ?7t~~\G \2 \';l: \Ol/qctt..\;,c; \ ~~ Dear Joe: We have reviewed Rochon Corporation'sApplication and Certificate for payme,f;;) the Arden Hills City Hall Project. We have visited the site and find that the percentages lor work completed is correct except for the lollowing revisions. Item number 7. Previous certificates for payment was revised to $2,753.350.03 to reflect the actual payment made. See letter to Rochon Corporation dated November 14. 2001 that outlines the difference. Under section 09300 Ceramic Tile/Quarry Tile we have withheld $5000.00 for the open issue with the terrazzo floor. This payment application does not include Change Order Number Six, as it has not yet been approved. Changes to the application and certiiicate for payment reflect these items, This pay application covers the period ending October 31.2001. The percentage of the contract amount applied lor is 97.73% (minus a 5% retainage (revised) of $150,589.37). We recommend payment in the amount have enclosed a spreadsheet that summarizes payments to date for your reference as well as a breakdown 01 this application by section. Please call me if you have any questions, Sincerely. / I it / ~(j)V~-- .,~-- (, / : { V,, l \. V'-" v [l;1 {, Ii / i \J,.~ v V PETER VESTERHOL T Principal Cc Bill Hays - Rochon Corporation, Jeanne Sterner, file 2 copies of Payment Application, spreadsheets Enclosure: 1997149 16-CA IPay ApplicationslP A Y APP 14 .0De ~ oJ:X[l..C~'lcl.. .-\ c.' _A II \ \(~\O \ \1'\&(1 \.D \..."J.'~ ~ ' ' SI"'\cwY\ I?\! - RYLLll}U.J;\J\\'c1' ()'y $ 1 ARDEN HILLS CITY HALL 11/14/01 Page 1 1997149 PAYMENT SUMMARY e PAYMENT APPLICATION 14 $37,195,00 retainage Column G ( Line4) Spreadsheet Pay AP. #14 RETAINAGE 01000 GEN'L ROMTS $150,87259 $7.543,63 -- ..----- -----._- 02200 EARTHWORK $68,897.00 $3,444.85 ---- ..------- $898.25 02480 LANDSCAPING $17,96500 02513 ASPHALT PAVING $54,22890 $2.711.45 02600 SITE UTILITIES - ----------- -~--- $143,433,00 $7,171_65 04200 CONCRETE MASONRY $840,4 71_00 $42,023,55 03410 PRECAST CONC_ ---- $2,228.25 $44,565,00 05100 STEEL FABRICATION $107.566.50 $5.378_33 05600 STEEL ERECTION -- ------ $3.781.38 $75,62750 05500 EXP. JT COVERS ------ $571.10 $28.56 --- -- 06100 CARPENTRY $205,397.00 $10.26985 06400 MILLWORK $65.622_74 $3,281.14 07160 WATERPROFFING -- $10,000_00 $500.00 75309 ROOFING $62.670.00 $3,133,50 07900 CAULKING _._-~- $335.70 $6,714.00 08100 HM/DOOR/HARDWARE $29.775,00 $1,488.75 08360 OH DOORS $6,031.00 $301_55 08800 ALULM STOREFRONT $198,578,00 ----- $9.928_90 09300 CERAMIC TILE $34,545.00 $1,72725 ---- 09500 ACT $18,913,00 $945_65 09680 CARPETNlNYL $38,422.00 $1,921_10 e 09900 PAINTING $16,543.00 $827_15 10900 ACCESS PANEL $437.08 $21_85 10200 LOUVER $1,260.00 -$6300 -- 10100 VISUAL DISPLAY BOARD $1.075.00 $53_75 10160 TOILET PARTITIONS $4,453.83 $222_69 - -_. --- - 10800 TOILET ACCESSORIES $3.327.00 $16635 12690 FLOOR MATS $2.519.00 $125_95 10520 FIRE EX, $1,200,00 $60_00 12490 WINDOW BLINDS $0.00 $0_00 10990 WARDROBE SPEC, .---- $8_31 $166,14 10440 SIGNS/FLAGPOLE $3.761_00 $188,05 --._------ 10990 FIREPLACE $2,62965 $131.48 11130 AUDIO VISUAL EO_ -----._--- $159.80 $3,196_07 ---- ----..---- 14200 ELEVATOR $36,854,00 $1.842.70 ------- 15500 MECHANICAL $362.152.00 $18,107_60 15300 FIRE SPRINKLER ----..-----..-- $976,25 $19,525.00 01600 ELECTRICAL $189.322.08 -_u---$9;46610 ---- ._----~--_. -~_., FEE $182.501.22 $9,125.06 - -.- TOTAL $3,011,78740 $150,589.37 Retainage (Line 5) $150.589.37 Total Earned Less Retainage ( Line 6) $2,861.198,03 e Prepared by Jeanne Sterner 11/14/01 Page 1 0 0 o,~ m ~ ~ .....~ 0 0 0 m,{p N 0 N 1"-'0 0 .,; ~ '-:a;i M 0 M 0 0 ~ ~ m ~ ~ O.~ ro ;;; C- "' ~ ~ ~ .~ U'")O.,.... ro M "' C- ~ ~ iN -::r-'u-lO .,; ;; '" m '" ;:: ;;; 'l(;:O m m ro Wi m 0'10.1 0 m ;;; ro '" 'Zi!U ~ '" ~ W,E!'> . ~ ... .., "" :::; ~ "" ~ -= = ;= :::: ;:;; = -= I 010:0 ....1'roIN.{pIIC-,IC-I~ 010:0'<t M 001,0 0> M 6:~1~ '-:,'-:0 '-::ro'l~ ~ O''<t '<t'N,....',- ,-,m M CD o;~:~:~~O!lO....IM 0 {p ~ ~:ii~lg!;llgll~'li 0>. 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Iii I ~1~!I~i~I~:~I~:~!~:~ o fA. ol~lcor--IN:~ N,CO ~ ~!~ ~i~i~~N;6-i "<ti 1'<t'C>,EI')itOllt)I,t'?;lt): ~i !~-I;;, 1;;1~,;;i:::;-I. ~ifA.[ ! : ! ! I~l i Ii; oio'Ir--MI"<t:oi'<tI~I~ 0,0 com,r-- Ojr-- N 0 gi.,gl~!~I~,gl~i~ ~ 10_1"<t_1r--_1r---_~ Ir--J"!, iN1lO NIN! iNlm: l;t:~!~,~i ~~Ug :C'i C'i ~ ~ , "~ . ro ~~ " . N "~~ [i.5~ ~.~ -g lO J:::I::IZ clJJ~:E .. " -c'::':1ii~ .... <- ell (Qlell (Q <<I..... '" "E Cl' (5 CIC !,'3IC !: o..lII:: a .8;U) 21~ '511:1~15 ~ IV,Ei-c IVjIV ~IClli-lu ~ r? ::I:liia::!l:l:,8~~i~;Qj ~ ~ U)'-c :1li"'lIJlc ClUJ U IV ,IV.::I o..,~ $lII:: a:; :;;,2 c <<I C W ~ 0.. g[;ea:l~c 8, ~ (ijQ:5 ~~ ai () UJ:f::o w B ~ ~;~ ~ Q5 f- I- c( Z i'i 0' 0' ::t! ro '" ;;; ~ ~J 1;1 I I ~I ~ ~ ~"' 1;1 I I i I I o " 0 ;; ;; 0 0 ;;; 0 OJ " '" " '" ~ " '" '" " ~ Nro"<tLOCO ci 0 0 0 ci ci ZZZZZZ .... ..... '-..... Qj IV Q) IV IV IV "E"E"E"E'E'E 000000 IV IV IV !ll Q) Qj ClClCl[J][J]C1 CCCCCC <- '" " :; :; ::l Ul f-N Z'O UJ~ :; . ~ g <L<C PAGE ONE OF 2 PAGES APPLICATION ANO CERTIFICATE FOR PAYMENT (SUBSTITUTE AlA DOCUMENT G7021 TO (OWNER): City of Arden Hill5 4364 West Round lake Rd Arden Hills, MN 55112.5794 PROJECT: Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 55112 APPLICATION NO: '4 PERIOD TO: 31.0ct.Ol FROM ICONTRACTOR): Rochon Corporation 3650 Annapolis Lane North, Suite 101 Plymouth, MN 55447 VIA (ARCHITECT): Architectural Alliance 400 Clifton Avenue S. Minneapolis, MN 55403 ARCHITECT'S PROJECT NO: CONTRAcrOR'S APPLICATION FOR PAYMENT CONTRACT DATE: 8/15/00 CONTRACT FOR: General Construction CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS DEDUCTIONS previous monthS by Owner TOTAL 139,528.93 Approved this Month Number OateApproved TOTALS 0.00 Net change by Change Orders 139.528.93 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Appllcation for Payment has been completed in accordance with the Contract Documents. that all amounts have been paid by the Contractor for Work for which previous Certificates fot Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Date: November 1, 2001 By: .~~~. \ cc'c I "I '~GHARDT l ~ l.' - : L. G'-Jn :~,:,::,.-. ' . "'?:C - MINNESOTA "',,_ -, ._.;:.:r:5 Jan. 31. 2005 ..Vv'V'o.f.......c~.,;...-...-"..,'VV~. Application is made for Payment. as shown below, in connection with the Contract, Continuation Sheet. Substitute AlA Document G703 is attached. 1. ORIGINAL CONTRACT SUM.......... .....$ 2,942,000.00 139,528.93 3,081,528.93 . ,"0,51<'\ .:31 1."f~l, I...... "2.,1<;,,!>.1'50.03 I 0", fYi.O<> 2......., 3'3<> .~" ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the Quality of the Work is in acco rdance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. 2. Net Change by Change Orders.......................... 3. CONTRACT SUM TO DATE lLine 1 +/.2)............ $ 4. TOTAL COMPLETED & STORED TO DATE......... ,Column G on G703) 5. RETA1NAGE: a,81u,:-e:-.1e 3,OIi,1Sl'-I''' i'I__,*, of Completed Work (Column D+E on G7031 b._% of Stored Material (Column F on G703) Total Retainage lLine Sa + 5b or Total in Column I of G7031..,.,.. 6. TOTAL EARNED LESS RETAINAGE. 15:8.B39.a7' 1,nO:i.348.S! (Line 4 less Line 5 Totall 7. LESS PREVIOUS CERTIFICATES fOR PAYMENT (Une 6 from prior Certificatel ... $ 8. CURRENT PAYMENT DUE................................. $ 9. BALANCE TO FINISH, PLUS RETAINAGE............ $ lLine 3 less Line 6) t,i6\,.tS3.14 16\, lBB.:ZS i!.15:,SeB.91 State of: Minnesota County of: Hennepin Subscribed and sworn to before me this 1st day of November, 2001 N""~~<'-L;;! 13,"~Hff My Commission expires: January 31, 2005 AMOUNT CERTIFIED."....,...""".""""..".... / 0 7 I ~ 18 . 00 I (Attach explanation if amount certified differs from the amount applied for.I ::.7~~ZJ/;iciuL t( /~ r /0 ( This certificate is not negotiable. The AMOUNT tERTIFIEri is paY~ble only to the Contral:tor named herein. Issuance, payment and acceptance of payment are without prejudiCe to any rights of the Owner or Contractor under this Contract. , /.' \ e e e PAGE 2 OF 2 CONTINUATION SHEET Substitute AlA Document G703 14 APPLICATION NUMBER: APPLICATION DATE: PERIOD fROM: TO: CONTRACTOR'S PROJECT NO: 1.Nov.01 '-Oct-Ol 3t.Oct.01 0028 Arden Hills City Hall SCHEDULED PREVIOUS THIS STORED TOTAL 8ALANCE CODE DESCRIPTION VALUE APPUCATION APPliCATION MATERIAL TO DATE " TO FINISH RETAINAGE 01000 GEN'l ROMTS 150,872.59 150,8n.59 0.00 0.00 150,872.59 100 0.00 7.543.63 02200 EARTHWORK 68,897.00 57:,S32.00 t 1,355.00 0.00 68.897.00 100 0.00 3,444,85 02480 LANDSCAPING 34,877 .00 8,080.00 9,885.00 0.00 17.965.00 52 16,912.00 898.25 02513 ASPHALT PAVING 57,252.00 9,790.09 44,438.81 0.00 54,228.90 95 3,023.10 2,711.45 02600 SITE UTILITIES 143,433.00 , 43.433.00 0.00 0.00 143,433.00 100 0.00 7,171,65 04200 CONCRETEfMASONRY 840,471.00 835,033.30 5,437.70 0.00 840,471.00 100 0.00 42,023.55 03410 PRECAST CONCRETE 44,565.00 44,565.00 0.00 0.00 44,565.00 100 0.00 2,228.25 05100 STEEL FABRICATION 108,166.50 107.566.50 0.00 0.00 107,566.50 99 600.00 5,378,33 05600 STEEL ERECTION 76,147,50 75.627.50 0.00 0.00 75,627.50 99 520.00 3,781.38 05500 EXPANS1N JT COVERS 571.10 0.00 571.10 0.00 571.10 100 0.00 28.56 06100 CARPENTRY 208,928.00 205,397.00 0.00 0.00 205.397.00 98 3,531.00 10,269.85 06400 MILLWORK 65,622.74 65,622,74 0.00 0.00 65,622,74 100 0.00 3,281.14 07160 WATERPROOFING 10,000.00 10,000.00 0.00 0.00 10,000.00 100 0.00 500.00 07530 ROOFING 62,670.00 62,670.00 0.00 0.00 62,670.00 100 0.00 3,133.50 07900 CAULKING 6.714.00 6,714.00 0.00 0.00 6.714,00 100 0.00 335.70 08100 HM/OOORS/HARQWARE 29.775.00 29,775.00 0.00 0.00 29,775.00 100 0.00 1,488.75 08360 OH DOORS/AUTO OPER 6,031.00 6,031.00 0,00 0.00 6,031.00 100 0.00 301.55 08800 ALUM STOREFRONT 198,578.00 198,578.00 0.00 0.00 198,578~p 100 0.00 9,928,90 J"""'" ., 09300 CERAMIC/QUARRY TILE 39,545.00 39,545.00 0.00 0.00 :rg~lE: 99 100 0.00 09500 ACOUSTICAL CEILING TI 18,913.00 14,000.00 4,913.00 0.00 18.913.00 100 0.00 945.65 09680 CARPTE/VINYL TILE 38,422.00 29,913.70 8,508.30 0,00 38,422.00 100 0.00 1.921.10 09900 PAINTING 16,543.00 16,543,00 0.00 0.00 16.543.00 100 0.00 827.15 10900 ACCESS PANELS 2,127.08 437.08 0.00 0.00 437.08 21 1,690.00 21.85 10200 LOUVERS 1,900.00 1,260.00 0.00 0.00 1,260.00 66 640.00 63.00 10100 VISUAL DISPLAY BOARO 1,075.00 1,075,00 0.00 0,00 1,075.00 100 0.00 53.75 10160 TOILET PARTITIONS 4,453.83 4,453.83 0.00 0.00 4,453,83 100 0.00 222,69 10800 TOILET ACCESSORIES 3,327.00 3,327.00 0.00 0,00 3,327.00 100 0.00 166.35 12690 FLOOR MATS 2,519.00 2,519.00 0.00 0.00 2,519.00 100 0.00 125.95 10520 FIRE EXTINGISHERS 1,200.00 1,200.00 0.00 0.00 1.200.00 100 0.00 60.00 12490 WINDOW BLINDS 1,871.01 0.00 0.00 0.00 0.00 0 1,871.01 0.00 10990 WARDROBE SPECIAL TIE 243.00 166.14 0.00 0.00 166.14 68 76.86 8.31 10440 SIGNS/FLAGPOLE 6,987.00 2,933.00 828.00 0.00 3,761.00 54 3,226.00 188.05 10990 FIREPLACE 2,629.65 2,629.65 0.00 0.00 2,629.65 100 0.00 131.48 11130 AUDIO VISUAL EQUIP 3,196.07 3.196.07 0.00 0.00 3,196.07 100 0.00 159.80 14200 ELEVATOR 36,900.00 36,854,00 0.00 0.00 36,854.00 100 46.00 1,842.70 15500 MECHANICAL 369,706.00 362,152.00 0.00 0.00 362,152.00 98 7.554.00 18.107.60 15300 FIRE SPRINKLER 19,526,00 19,525.00 0.00 0.00 19,525.00 100 1.00 976.25 16000 ELECTRICAL 210,t50.00 176,181.00 13,141.08 0.00 189,322.08 90 20,827.92 9,466.10 SUBTOTAL 2,894,805.07 2.735,198.19 99,087.99 0.00 2,834,286.18 98 60,518.89 141.714.31 FEE 186,723.86 171,601.54 10,899.68 0.00 182,501.22 98 4,222.64 9.125.06 TOTAL 3,081,528.93 2,906,799.73 109,987.67 0.00 J,........~ J1.40 98 64,741.53 136,BJ!.JT 1,,~1. "2-$" ~1"1I,'~'.'1D lSD, S.'1.~1 I i '; " In r' U' C ': ALL I A NeE hf;Lh iClI IHP.l I e November 19, 200 I 400 C llFTO NAvE 1\1 UE so liTH MINNEHOLIS, MINNESOTA 55403-3298 My. Joe Lynch - City Administrator Arden Hills City Hall Round Lake Business Center 4364 West Round Lake Road Arden Hills. MN 55112-5794 TEu P H 0 N E (612) 871.5703 FAX 16111871.7111 Re: Arden Hills City Hall Payment Application NumbeJS 13 and 14 Revised Comm. No. ]997149 Dear Joe: The revision to Pay Application No. 12 (see letter dated November 16. 2001) reduced the contractor's tee by $155.44. and subsequently the payment amount by $]46.72. Due to this change a revision to Pay Application Numbers 13 and 14 will also be necessary as the amount of the previous application will affect the current payment due. See attached spreadsheets that outline the changes. Items highlighted in red were previously revised. Items highlighted in blue are the changes due to this $155.44 Contractor's Fee item previously revised in Pay Application No. 12. We recommend payment lor Pay Application Number 13 in the amoU"~10.63 a~;:;Jy 'pp'irntion _.!\{ur:Rser } 1 iPJ t~e aluotUll (')f $1 Q7,99A Rl Plp~~e call me if you have any questions. _ r , 1l?-1 ~ \':..:.......1 ~~ e Sincerely, :i{'ii~/viLl1il1//~/L PETER VESTERHOLT Principal Cc Bill Hays - Rochon, Teny Post- City of Arden Hills, Jeanne Sterner. file spreadsheets e Enclosure: 1997149 16-CA IFa)' ApplicationslPA Y APPl3- 14REV2.DOC