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HomeMy WebLinkAboutCCP 04-08-2002 - . - ~ ~HILLS AGENDA CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING MONDAY, APRIL 8, 2002, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 5:45 P.M. 7:00 P.M. 7:00 P.M. 7:00 P.M. 7:10 P.M. 7:20 P.M. City Philosophy To provide a basic and necessary scope of quality services through the innovative and purposeful use of resources. TCAAP Proposal: OPUS 1. Call to Order 2. Approval of Meeting Agenda 3. Approval of Minutes a. March 25, Regular City Council Meeting 4. Consent Calendar Those items .listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council member so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. a. Claims and Payroll b. Resolution 02-18 Designating 2002 Polling Locations 5. Public Comments This is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the CounciL To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. ,. ~ - CITY COUNCIL MEETING AGENDA, MONDAY, APRIL 8, 2002, Page 2 7:30 P.M. 6. Unfinished and New Business a. 2001 Operating Surplus 8:15 P.M. Administrator Comments 7. 8:30 P.M. 8. Council Comments 9:00 P.M. Adjourn 9. The above times may vary depending upon length of issue discussion. April IO April 15 April 20 April 29 April 23 Tentative April 2002 Meeting Schedule Meeting dates, times and locations are subject to change. City Events Task Force 6:30 P.M. Couucil Worksession 4:45 P.M. Town Hall Meeting Open House 9:00 A.M. NOON Council Meeting 7:00 P.M. Parks, Trails, and Recreation Committee 7:00 P.M. Tentative May 2002 Meeting Schedule Meeting dates, times, and locations are subject to chauge. May I Communications Committee May I Planning Commission May 13 Council Meeting May 20 Council Worksession May 27 May 28 7:00 A.M. 7:00 P.M. - 7:00 P.M. 4:45 P.M. . City Hall Closed in Observance of Memorial Day Council Meeting (Tuesday) May 28 Parks. Trails, and Recreation Committee 7:00 P.M. 7:00 P.M. ~ . . . - ~ ~~HILLS DRAfT MEETING MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, MARCH 25, 2002, 7;30 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:18 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; City Planner, Aaron Parrish; City Engineer, Greg Brown, BRW; City Attorney, John Miller; and Recording Secretary, Kathleen Altman. ADOPT AGENDA Councilmember Aplikowski added item G to the new business section to be a staff reorganization discussion. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the March 25, 2002, regular City Council meeting as amended. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. February II, 2002 Regular City Council Meeting B. March 11, 2002 Regular City Council Meeting C. March 11,2002 Special City Council Meeting Councilmember Rem requested the following corrections/changes be made to the February 11, 2002 Regular Council Meeting: Page 2, under Consent Calendar, number G, change SHE to SEH; Page 2, under Unfinished and New Business A add in Mr. Matsen's first name; Page 9, second paragraph last sentence under item D to read, "He noted one option for warming house design would be .. ."; Page 14, add in who moved the adjournment and the time it was adjourned. ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 2 Councilmember Grant requested the following corrections/changes be made to the February 11, 2002 Regular Council Meeting: Page 3, under the NSY A Big Ten Supper Club Motion to add that Councilmember Aplikowski seconded the motion; Page S, third paragraph from the bottom should read, "He asked if there were some voltage point above which Xcel.. ."; Page 7, Sth paragraph, 4th sentence should read, "He noted it is frustrating to the Council since the rate payers are left to pay the bill"; Page 9, under the Motion take out that the motion carried unanimously; Page 10, Sth paragraph, should read "Councilmember Grant stated he was not sure he could support anything more than SSO,OOO.OO", On the March II, 2002 Regular City Council Meeting Minutes, Page 4, 6th paragraph, second sentence, change a year-to-year to an aruma!. . Mayor Probst requested the following corrections/changes be made to the February 11, 2002 Regular Council Meeting. Page 4, 15t paragraph, second sentence, should read, "He noted the line would be paid for by residents of Arden Hills when the line services Shoreview. He added the line goes underground when i1 goes into Shoreview". MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the February 11, 2002 Regular City Council Meeting as amended, March 11, 2002 Regular City Council Meeting as amended, and March II, 2002 Special City Council Meeting as presented. The motion carried unanimously (S-O). CONSENT CALENDAR . A. Claims and Payroll. MOTION: Counci1member Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (S-O). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda, No public comments were made, UNFINISHED AND NEW BUSINESS A. Planning Case #02-02, 3159 Shorewood Drive, Setback Variance, Mindy Schulke Mr. Parrish reviewed his memorandum to the City Council of March 20, 2002. He stated the Planning Commission was recommending approval of the setback variance request as submitted. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve Planning Case #02-02, 3159 Shorewood Drive, Setback Variance, Mindy Schulke, as submitted, The motion carried unanimously (5-0), ~ e . - ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 3 B. Planning Case #02-01, Fernwood Water Tower, AT&T Wireless Special Use Permit Amendment Mr. Parrish reviewed his memorandum to the City Council of March 20, 2002. He stated the Planning Commission was recommending approval ofthe revised Special Use Permit. Mayor Probst asked where the antennas would be placed, and if they would match the other antennas on the tower. Mr. Parrish pointed out where the antennas would be placed and indicated they would match the other antennas on the tower. Councilmember Larson asked if there would be a constant need to add new antennas as time went on. Dave Trost, Site Acquisition consultant representing ATT Wireless, 655 First Bank Drive, Illinois, replied this upgrade was for a second-generation wireless to a third-generation wireless using an existing structure. He stated he was not able to predict what the future would bring with new developments in the wireless industry, but he suspected if a new upgrade would come up, they would ask for another lease amendment. He stated he did not see anything in the immediate future. Conncilmember Larson asked if there was enough room on the tower to accommodate future antennas. Mr. Trost replied that he believed there was enough room. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Planning Case #02-01, Femwood Water Tower, AT&T Wireless Special Use Permit Amendment as submitted. The motion carried unanimously (5-0). C. AT&T Antenna Lease Mr. Post reviewed his March 22, 2002 memorandum to Council and indicated staff was recommending the City Council authorize the City Administrator to execute the First Amendment to the Water Tower Lease Agreement between AT&T Wireless and the City of Arden Hills. Mr. Lynch asked if number 2 on the lease was subject to inflationary cost indexing. Mr. Post replied that was correct. Mayor Probst asked if the lease amounts were market rate. Mr. Trost replied this was the typical lease pricing they were experiencing in this market. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to authorize the City Administrator to execute the First Amendment to the Water Tower Lease Agreement between AT&T Wireless and the City of Arden Hills. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 4 D. Planning Commission Appointments . Mayor Probst stated the three residents appointed to the Planning Commission were Ken Bezdicek, Brad Lemberg, and Megan Ricke. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded the appointments of the three recommended residents to the Planning Commission: The motion carried unanimously (5-0). E. 2002 Street Improvement Feasibility Study Mr. Lynch updated Council on the March 19,2002 neighborhood information meeting regarding proposed 2002 street improvements. He indicated staffs recommendation was for reconstruction of the Waldon Place and Hunter's Court cul-de-sac. Councilmember Rem stated she was at that meeting and by the time the meeting had ended, there was a fair amount of discussion between residents and staff, and the residents strongly requested the City do only a mill and overlay instead of reconstruction at this time. Councilmember Larson stated he was also at that meeting and indicated the residents had requested overlay only, but he did not believe this was the right decision. He stated this was a project the City could handle this year and he did not believe we should invest the amount of . money to mill and overlay that street due to the poor condition of the base underneath it. He stated this would not be a wise decision on a part of the City. He stated he agreed that Benton Way would need to be reconstructed at some point in the future. Mayor Probst concurred with Councilmember Larson that the Council had identified the street as needing reconstruction, and he did not believe it would be appropriate to expend the funds to do a mill and overlay. Councilmember Aplikowski asked what the current condition of Benton Way was. City Engineer Greg Brown summarized what the condition of Benton Way was. He indicated there were other factors than what appears on the pavement of the street. He stated it was hard for him to recommend reconstructing Benton Way at this time. He stated he recommended if the City was not going to proceed with reconstruction of the cul-de-sacs now, that they wait until they could reconstruct both the cul-de-sacs and Benton Way in the future. Councilmember Grant asked what the PCI rating was on Waldon Place and Hunters Court. The City Engineer replied 9 and 20, but he was not sure which was which. Councilmember Grant asked if they could reduce the damage to Benton Way. The City Engineer replied they could limit the truck traffic. Councilmember Grant inquired about the condition of the cul-de-sacs. The City Engineer replied ~ the cul-de-sacs had many patches, and it was recommended they be reconstructed. . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 5 Councilmember Larson stated he believed the City needed to do a better job with following up on seal coating after making improvements. He indicated some streets had not been seal coated. He also indicated they needed to be sensitive to property owners on corner lots due to assessment Issues. John Tholen, 1 I 43 Waldon Place, stated he believed they should just overlay both of the cul-de- sacs. He indicated he did not believe they were in bad condition. He stated Benton Way should be seal coated if they were doing anything. He stated there were two cul-de-sacs with minimal housing, and they only had garbage trucks on the street. Cliff Bujold, 1134 Hunters Court, stated in 1995 when the Council entertained the possibilities of doing street overlays of Benton Way there were residents from Hunters Court and Waldon Place who had asked for the streets to also be overlaid, but were denied. He stated the residents had not been heard. He indicated if the overlay had occurred in 1995, they would not be here today. He stated he was concerned about damage to Benton Way if there were heavy trucks going over Benton Way to get to the cul-de-sacs. He stated there may be a lot of damage to Benton Way with the truck traffic. He stated he believed this City also needed to have an established street maintenance program. He indicated he believed Council operated in a crisis management mode when it comes to street maintenance. He believed the overlay would allow the resident's time until Benton Way needed to be reconstructed. He asked that the City do the whole neighborhood at one time. He stated he believed an overlay was best at this time, until the entire neighborhood could be reconstructed. He urged Council to also seal-coat Benton Way at this time. Gary Drewa, 1141 Hunters Court, stated if a reconstruction of Waldon Place and Hunters Court is done, the residents would be displaced for three months, and if they waited to do Benton Way at a future time, they would be displaced again because they could not reach their cul-de-sacs when Benton Way was under reconstruction. Councilmember Grant asked for the estimate of the overlay. The City Engineer replied it was about $40,000 - $50,000 combined, with $195,000 for reconstruction, both including engineering and contractor costs. Councilmember Rem stated one of the resident's concems at the public meeting was her family had just contracted to put an addition to their house this summer, which would lead to more traffic and if they had received more notice, they would have changed their plans. She stated the residents would appreciate more notice for proj ects such as these. The City Engineer stated the disturbance where there was actual dirt and dust would be 3-4 weeks. The residents would not be displaced for three months. He stated there were certainly inconveniences, but the residents would always be able to get to their driveways. Councilmember Aplikowski asked if it was okay with the residents in attendance at tonight's meeting to essentially be assessed twice if they did the overlay and then did the reconstruction at a future date. The residents in attendance at tonight's meeting stated they were in support of this approach. ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 ~i- .";;':'~ . 6 Councilmember Grant asked the residents in attendance at tonight's meeting if the remaining neighbors would also be in agreement with the cul-de-sacs being overlaid and not reconstructed with the possibility of assessed for two projects. The residents in attendance at this meeting stated they believed all of the residents were in agreement that they wanted the cul-de-sacs overlaid at this point in time. . Mayor Probst stated his concern was that the City's practice was that they assessed for half of the streets to the residents benefiting from the streets, and the other half came out of the General Fund which all residents contributed to, and if they only did overlay now and reconstruction at a future date, that would lead to more expense to the taxpayers. He stated these cul-de-sacs came in very low on the PCI, and he believed it was time to do the reconstruction improvement. Mr. Drewa stated for fifteen years the City had ignored their cul-de-sacs and when they asked for an overlay in 1995, the Council refused. He indicated the City had not maintained the streets. Councilmember Larson stated it was not logical that there would be two assessments for this project - one for an overlay now and one for a reconstruction in the future. He stated he did not believe the City should spend the money for an overlay and then, in a relatively short period of time, have to tear up the cul-de-sacs for the reconstruction. He agreed with the arguments the residents had, and he wished the City would have maintained the streets better, but the issue tonight was that the streets needed to be repaired, and what made the most financial sense. Councilmember Grant asked how long the streets would last with full reconstruction. The City Engineer replied a full reconstruction should last approximately 40 years, with some overlays during that period of time. . Councilmember Grant asked how long the streets would last with an overlay. The City Engineer replied an average of six years. Councilmember Grant stated the Council was essentially looking at a combined annual cost difference of $1,500 more by doing the reconstruction. The City Engineer replied that the feasibility study was not done yet, but he fully expected there would nothing left of the bituminous once a milling machine went over it. He stated the cul-de-sacs were all patched right now. He stated he believed the issues were structural problems below the surface. Mr. Bujold stated, in terms of the amount of the material that would need to be removed if total reconstruction were done, they were not talking about a street that had a lot of traffic. He indicated he did not believe they needed to haul in a lot of sand. He stated, in terms of the patch- work done on the two cul-de-sacs, he had contacted the street department to fill the potholes. He expressed frustration that the City did not do regular maintenance on the streets. He stated he was surprised last spring that there was so much patching done. He did not believe the amount to be excessive. He indicated if the total reconstruction was delayed, the residents could start to plan for that expense. He stated this was too short of a notice for a total reconstruction. He . requested Council give the residents a one-year notice, which is in the street maintenance policy. . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 D.....R.A.....,."'-.... . · ..r I 7 Councilmember Aplikowski asked how they felt about waiting until Benton Way needed to be reconstructed. She asked if they could they live on their streets as is with no improvements. Mr. Bujold staled one of his concerns about doing nothing was not having any commitment by Council. He indicated there may not be money to do a full reconstruction on the cul-de-sacs in the future, or there may be different priorities down the road by a future Council that differed with what Council's priorities were today, and then the cul-de-sacs may not be done. He stated something needed to happen sooner than waiting for the Benton Way reconstruction. Mr. Drewa stated as long as their street was patched as needed, he believed the residents could wait three to five years. He indicated he had lived in his home for 25 years and nothing had been done by the City to maintain the street. Councilmember Rem stated the staffs recommendation was for a feasibility report being prepared and she stated they were stuck on not knowing on the condition of the roads. She agreed the Engineer should do a feasibility study, but she also wanted an overlay evaluation. She indicated once they received that information, they would be better informed as to what really needed to be done at this time. Councilmember Aplikowski asked when the feasibility study would be done. The City Engineer replied they should have the study done within the next two weeks, or a month at the longest. Councilmember Grant asked for the cost of the feasibility study. The City Engineer replied $2,500 for the boring tests and approximately $4000-$5000 for the report. MOTION: Councilmember Rem moved and Councilmember Aplikowski seconded a motion to authorize a Street Improvement Feasibility Study for mill and overlay or for complete reconstruction of Waldon Place and Hunters Court with for an evaluation of Benton Way. Motion carried 3-2 (Probst and Larson). Councilmember Larson stated number three should be removed from the recommendations. He stated Benton Way would not be reconstructed this year. MOTION: Councilmember Larson moved for authorizing options I and 2. Motion failed for a lack of a second. Mayor Probst stated he understood what Councilmember Rem was trying to do, but he did not believe Benton Way should be included because notice had not been sent to the residents. Councilmember Aplikowski stated having the information on Benton Way was crucial for a decision, and the study was only a tool for them to determine where they were going with this recommendation. Councilmember Larson stated it made sense for the Council to do a feasibility study for options one and two because Benton Way would not be reconstructed. ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 8 MOTION: Councilmcmber Grant moved and Councilmember Aplikowski seconded a friendly amendment to number three stating "a complete evaluation on the condition of Benton way as it related to Waldon Place and Hunters Court". Councilmember Rem accepted Councilmember Grant's friendly amendment. Amendment carried 3-2 (Probst and Larson). . Mayor Probst requested correspondence be sent to residents along Benton Way as to why borings were going to be done. Councilmember Rem stated this had already been done. Councilmember Larson stated this was not a neighborhood project; these were two small cul-de- sacs and while it was the intention of giving a year's notice for large projects, he did not see this as a large project. He stated he did not see that any information obtained about Benton Way in the feasibility report would influence what the decision was for Waldon Place and Hunters Court. Councilmember Grant asked the City Engineer how long Benton Way would last before reconstruction was recommended. The City Engineer replied 3-8 years. Councilmember Grant stated if it was three years and the residents were willing to wait, and then nothing should be done at this time, but ifit was eight years, then this needed to be looked at. Councilmember Rem stated it was the City's policy to give a year notice, and this was not done in this case. She stated these residents were given too short of a notice. . Councilmember Larson pointed out if they did not do Waldon Place and Hunters Court at this time, this would push off other neighborhood projects also. He expressed frustration that the Council could not make decisions and stick with them. Mayor Probst stated he supported the feasibility study, but was not going to support the amendment. Councilmember Aplikowski stated this was different in some ways because they had 100 percent resident concern regarding the reconstruction. She stated the Council was committed to doing something this year and she did not believe a couple of borings on Benton Way would throw the neighborhood into chaos. Mayor Probst stated only three of the sixteen residents were in attendance at tonight's meeting, and he would want additional resident's opinions before he would assume all of the residents had agreed to a double project/assessment plan. Councilmember Larson stated it was their job to listen to the residents and then make the best decision for the City. He stated they should be looking at option numbers one and two. Councilmember Grant asked if boring samples on Benton Way were taken, would that give them . further information if Benton Way would stand up to reconstruction of the cul-de-sacs. The City Engineer stated they would be able to determine what was below the surface area, and if Benton e . . ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 9 Way was in as poor shape as they were assuming it was, they would be able to make a better determination as to what might happen to Benton Way and its life expectancy. Councilmember Granl indicated this would be a useful piece of information. F. Authorization to contract for architectural services Mr. Post reviewed his memorandum to Council regarding architectural services. Councilmember Grant reviewed what the Task Force recommended. Councilmember Aplikowski asked if they were looking at other options on shared facilities at this point. Councilmember Grant replied the Task Force felt they should also look at other options available. He stated if there were some other options, the Task Force wanted to make sure they looked at all of those. Mayor Probst asked if the Task Force was looking at options on this site only, or where there broader discussions. Councilmember Grant replied they were looking at a number of different sites. He stated if Council wanted the Task Force to only look at the County facility, the Council could direct them do to that, but he believed the Task Force should look at all options. Councilmember Larson stated he believed they had already resolved this, and had decided they would only look at the County facility, and that was the reason it was being referred to as a joint facility. Councilmember Aplikowski stated she understood the Task Force was designed to look at the space needs. She stated she would rather see the alternatives in the possible design of a building on the Ramsey county site. Councilmember Rem agreed they were suppose to looking at the Ramsey County site, and while it would be nice to know the options, that was not what they had agreed to. Councilmember Grant indicated he would bring this back to the Task Force. Mayor Probst stated as long as it related to the site, they could look at all options for the site. He stated they needed to look for the most cost effective way to get a maintenance facility on that site. Councilmember Aplikowski stated there were very few places where they could put a maintenance facility in Arden Hills. Councilmember Grant clarified there was no other option the Task Force should consider other than the County site. Mayor Probst stated the Council wanted options for that location only. Councilmember Grant stated he did not believe there had ever been a Motion made by Council regarding this. Mayor Probst stated there may not have been a Motion, but every Council had attempted to move this forward at that location. He indicated there had been a number of discussions over the years and Council had never wavered as far as the location. r~x .-~, ~~ ~ffl LJ l,~ }.~... ~ ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 10 Mr. Post stated the Task Force was concerned about the environmental issues on the site, and that might be why they were looking at other options. e Councilmember Aplikowski stated it was her understanding that the Task Force would come up with a design of the building. She indicated she was worried that the City would not be able to keep up with the County's fast planning process. Councilmember Grant stated he would inform the Task Force of Council's decision. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approval of authorization of the contract for architectural planning services in an amount not to exceed $4,000.00 in line with recommendation one of the staff memorandum dated March 22, 2000, and to negotiate with Ramsey County and TKDA on services for economies of scale with a joint facility. The molion carried unanimously (5-0). G. Staff Reorganization Councilmember Aplikowski stated a year ago they had authorized the City to move forward with a staff reorganization plan. She indicated after much discussion and reevaluation, she was not comfortable with the plan. She stated one part of the motion was to hire additional support staff, which had been done, and was a good thing to do. However, the remainder of the motion was for . job descriptions to be prepared, which had also been done, but once she read the job descriptions, she was concerned the new structure was top heavy. She stated it did not provide a team- building work atmosphere. She indicated she was not comfortable with this. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to reconsider the vote previously taken to restructure staff. Motion carried 3-2 (Probst and Larson). Councilmember Rem stated she agreed with Councilmember Aplikowski and after reading the job descriptions, she would still vote no both for budget and personnel reasons. She indicated she did not believe this was where the City should be going with the staff. She stated she would not be able to accept those items. Councilmember Larson stated this was another example of how that the Council could not make decisions and stick with them. He indicated he did not see how these descriptions were inadequate. He asked for reasons as to why they should not go forward to fill the Director of Administrative Services and Director of Operations and Maintenance positions. Councilmember Aplikowski stated the motion might have been not to accept the job descriplions. She stated it appeared to her that it moved the City Administrator farther away from the employees. She indicated for a City this size, this added too much top-heavy hierarchy. . . . . ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 11 Mayor Probst expressed concern about reconsidering this because it had been previously authorized and the staff had worked hard on this restructuring. He asked for further clarification what Councilmember's Aplikowski concerns were. Councilmember Aplikowski stated she was uncomfortable with the structure format, and it was too top heavy, which would separate the City Administrator from the employees. Councilmember Rem asked for a budgetary breakdown as to what these two Directors positions would cost. She indicated she had not been convinced that the new structure would work. Councilmember Rem indicated that Mr. Moore has had his hands too full, and she believed both of his positions were more than two part-time positions and should not be one full-time position. She agreed ifthis new structure was accepted, the City would be too top heavy in management. Councilmember Grant stated if they were going to talk about specific positions, they should do this in a closed session. He indicated this reorganization would provide an extra layer of management, which was an expense to the City. Councilmember Larson stated he believed the City Administrator had previously provided a cost breakdown of what the expense for these new positions would be, and he believed the City had been functioning as it should be. He stated the Council had previously approved this and he did not believe they should reconsider it. Mayor Probst stated he still supported what had been decided last year and encouraged Council to stay with their original decision. Councilmember Aplikowski stated her biggest concern was that the City Administrator was separating himself from the rest of the employees. She inquired as to why this was the best way to proceed. Mr. Lynch replied a lot of discussion had previously gone into this proposal, and that all of the staff had been consulted with. He indicated this was what staff had agreed to at that time. He stated he would not isolate himself from the rest of staff. He indicated this was not his management style. He stated the reason for the two positions was for a greater sense of "team" and to have two people manage those two areas. He stated all employees would meet regularly and would know what was going on. It would be up to staff to decide how to schedule the workload. He stated this would create more of a sense of "team", rather than less. He stated he was listening to the staff, and he did not believe it was fair to do eleventh hour reconsideration. He stated his original intent was organization by function and management by people who were available, including him, and to proceed with the dedication of long-range plans for the City. He noted this would undo work that had taken place to date, including union and staff work. He indicated staff had made a commitment to the structure and this would undo that commitment. Councilmember Aplikowski stated they were not undoing anything at this time. She indicated they had in the past brought in a person to do economic development and things did not get done. She stated she wanted to take another look at this. She indicated this was not the only way to do the restructuring. She stated it would have been nice if Council had the opportunity to talk about this and had heard from staff. She staled if the rest of the Council felt the reorganizalion was the ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 ~.~ i 12 way to go, she would go along with it. She indicated she still believed the City Administrator would be separated from the rest of the staff. She stated she had not come to this decision easily. She stated this was not the way she wanted lhe City to look. Councilmember Aplikowski statcd her issue was with the job descriptions. . Councilmember Rem stated they needed to have morc discussion. Councilmember Larson stated if this was an issue about the job descriptions, why didn't Council discuss the job descriptions, and not reconsider the previously approved structure. Councilmember Rem stated she believed Council should hear from more of the staff, other than the City Administrator, as to what they wanted the City structure to be. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to extend the Arden Hills City Council meeting to 10:30 p.m. Motion carried unanimously. (5-0) Mayor Probst stated it was the Council's responsibility to lead the City, and they had the responsibility to support the City Administrator when they had instructed him to do something. He expressed frustration that the Council was unable to reach a decision and stick with it. He stated he did not see the logic for backtracking. He indicated he not believe any employer would consult the entire staff as to how management should be structured. . Councilmember Grant recommended they take this issue to a worksession. Mayor Probst asked for direction as to what Council was looking for in order to have a worksession discussion. Councilmember Grant stated he wanted to see other alternatives to restructuring. He suggested the combining of Parks with Public Works was a good idea. He stated he was not in favor of a tall and narrow structure; but a tall and wide structure. Councilmember Aplikowski stated she wanted to see a budget analysis. She stated these positions had not been posted yet, and she did not feel that fifteen days would make much of a difference. Councilmember Larson stated he thought it was unfair to the Administrator to ask him to come up with other alternatives, when this was the alternative they had agreed to. He stated if the City Administrator did not agree with an alternative, it would be counterproductive. He stated they nceded the City Administrator's support of a structure. Councilmember Aplikowski staled she had not seen any other alternatives and she wanted other ideas to be presented. Councilmember Rem also requested a budget breakdown. She stated with respect to the job . descriptions; she was not convinced that the structure they had was working. She stated team building needed to get done by the staff. She asked why they needed two new people, and what ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 n~;' f",,~' ~ ~< 13 . the actual cost would be to add these two new people. Mayor Probst replied they had looked at the cost previously and this had been budgeted for in the 2002 budget. Councilmember Aplikowski requested they take another look at this, and indicated she would agree to meet with the City Administrator aboul her concerns. Mayor Probsl requested the City Council members discuss their issues with the Cily Administrator, and that this issue would be further discussed at the April 15, 2001 worksession. ADMINISTRATOR COMMENTS There were no Administrator comments. COUNCIL COMMENTS Councilmember Grant stated the Maintenance Facility Task Force would be meeting tomorrow night at 7:00 p.m. Councilmember Larson stated the Parks, Trails and Recreation meeting would also be tomorrow evemng. . Councilmember Rem stated the Newsletter Committee would be meeting on Wednesday. Mayor Probst stated they were trying to arrange a meeting this Thursday with Senator Dayton's office. He stated he had received a call from Alliant Tech regarding what they were doing at TCAAP, and they might have some issues they would be bringing to Council. He stated they had offered a tour of their facility to Council, and the City Administrator would arrange a time. Mayor Probst stated they would adjourn the meeting to go into a special session to discuss the City Administrator's evaluation. Mr. Lynch replied after consultation with the City Attorney, he requested his evaluation be an open session. The City Attorney read from the State Statutes as to what type of meetings could be closed. Mayor Probst asked Council if they wanted to discuss the City Administrator's performance evaluation now or at a future meeting. Mr. Lynch replied it was his option if he wanted this discussed in an open or a closed session. Councilmember Larson stated he would like to discuss this now. Councilmember Aplikowski requested a five-minute recess. e Mayor Probst recessed the meeting at 10:24 p.m. and reconvened the meeting at 10:30 p.m. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion extend the meeting to II :00 p.m. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL MEETING MINUTES MARCH 25, 2002 DRAFT 14 EV ALUA TION OF CITY ADMINISTRATOR Mr. Lynch stated he had changed his mind, and he indicated the City Council could have a closed session in the conference room. ADJOURN Mayor Probst called the public meeting in recess to go into closed session at 10:31 p.m. Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, April 8, 2002 at 7:00 p.m. at the Arden Hills Council chambers. EXECUTIVE SESSION City Council went into Executive Session at 10:31 p.m. The Council came out of Executive Session at 12:41 p.m. The City Council approved the performance evaluation and salary adjustment for the City Administrator as a result of the Executive Session. ADJOURN Mayor Probst adjourned the meeting at 12:42 a.m. . . . e . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/08/02 COUNCIL MEETING CLAIMS PAID SINCE LAST COUNCIL MEETING (03125102) 20973 20974 20975 20976 20977 20978 20979 20980 20981 20982 20983 20984 20985 20986 20987 20988 :::C~;:OA.tE::: 03/21/02 03/21/02 03/25102 03125/02 03/25102 03/25/02 03/25102 03/25/02 03/26/02 03/26/02 03/28/02 03/28/02 03/28/02 03/28/02 03/29102 03/29/02 AMouNt Bud etSi Health Partners E~Z Rec clin ,Inc. Fortis Benefits Xcel Ener Eric Nordeen Stanton GrOll Amnit Plus Federal Credit Union leMA Retirement Trust - 457 The De osito Trust & Clearin Co. Wesco Ci of New Ho e Canadian Pacific Railwa Fortis Benefits North Metro 1-35W Corridor Coalition Postmaster-St. Paul Subtotal - Paid Claims 388.36 633.54 4,855.00 189.00 1,602.36 33.00 206.00 4,650.56 2,005.30 29.17 203.86 24.00 100.00 294.83 12,339.53 1,700.00 29,254.51 Town Hall Meetin -0 en House Si Dental Insurance-A fit March Service A TiI-Short TeJ11l Disabili March Service CPR Books for Trainin Da are Reimbursement 3/15/02 Third March Pa 11 Third March Pa II Audit Continuation Fees 2001 Lift #1 I-Electrical Switches TUG Mailin Dues-C. Y Dun Red Fox Road Easement-lO/Ol-9/05 A riJ-Lon Term Disabili 2002 Membershi Fees-Gen, GIS HRC Posta e-Pennit #1962 Note: Checks for unpaid claims totaling $] 89,409.65 were mailed on March 26, 2002 after approval at the March 25, 2002 Council Meeting. They were check numbers 20930 -20972. This sequence corresponds to unpaid temporal)' numbers TOt - T43. Check numbers 20928 - 20929 were used fOf alignment. Paid Claims From Above - 29,254.51 Add Unpaid Claims, Page 2 of 2 - 43.203.20 Total Accounts Payable Claims for Council Approval, 04/08/02- 72,457.71 PAGE 1 OF2 ..1Id;i""'"""l"yab""";,,,1 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 04/08/02 COUNCIL MEETING PAGE20F2 UNPAID CLAIMS REGISTER: ':'l'EMP'J/:TT:CK;:PATE-:: ...., <Ai\:lQUNT:::J,:; ...'. Tl 04109102 Accurate Press, lnc. 866.38 March Newsletter/AP Envelones n 04/09/02 Advant;; P~r lOJ.60 Hand Towels TJ 04/09102 Aramark Uniform Service 53.68 CH Ruo Service 3/24 & 4/01 T4 04/09/02 Berres, Sandra 36.87 Mileage Reimbursement T5 04/09/02 Burwell Lvnn 1,298.00 Dance Instructor T6 04/09/02 Co;;:;Qrate Exnress 450.38 Office Sunnlies/Conv Paner T7 04/09/02 Coverall of the Twin Cities 1,238.60 CleaninlJ Service-Annl T8 04/09/02 Frattallone's Hardware, Inc. 81.79 March Purchases T9 04/09/02 Graing-cr, Inc. 6.24 Fuses-Civil Defense TlO 04/09/02 Gustafson, Phil 99.68 Sheriff's Mto 3/21102lLvnchl Tl1 04/09/02 I~ham & Associates, me. 775.89 Feb Park PlanninlJ Tl2 04/09/02 Le~ ofMN Cities 2,667.79 Claim#11037085 8125/01-Sewcr Back-uD T13 04/09/02 Lexi~ton Floral, Inc. 50.00 Funeral Arran!!cment-Winkel Tl4 04/09/02 Lillie Suburban Newsnaners 45.12 LCQ"al Notices-March T15 04/09/02 Menards 393.19 March Purchases T16 04109/02 NCPERS Grou~-Life Ins 48.00 PERA Life-Anri1 T17 04109102 Newman Traffic S~ 1,953.76 Street Sions T18 04/09102 NewMech Comnanies, Inc. 8,370.00 CH~Lower LeveJ~Ntl Guard Room-BV AC T19 04109/02 N extel Connnunications 443.60 Cellular Phones-Ooerations & Maintenance no 04/09/02 North Metro Insnection Inc. 1,052.00 March Electrical Insnections T21 04/09/02 Northern Air Comoration 372.11 CH-Fumace Room T22 04/09/02 Office De~(H 223.61 Office Sunnlies T23 04/09102 Orkin Pest Control 69.23 Anril Service 4/8102 n4 04/09/02 Pace AnaJvtical 319.00 Water Testing-March n5 04/09/02 Pink Business Interiors 4,669.65 Office Fumiture-CH-ML Man Room n6 04/09/02 Post, Terrance 74.83 Mileape Reimbursement n7 04/09/02 Purchase Power 538.03 Postap-e-Meter n8 04/09/02 ~ick Silver 25.80 DeliveTV Charp-e-TCAAP PlanninO' n9 04109/02 Rams-;;- Countv 14,620.78 March Law Enforcement/200l Reconciliation T30 04/09/02 Scherer Bros Lumber Comoanv 39.51 Bird House Proiect T31 04109102 Shoreview, City of 85.00 Piano Registration-Na2:el T32 04/09/02 Snorts Software Associates 214.90 Snorts Scheduler T33 04/09/02 TCALMC 300.00 2002 Membershin Fee T34 04/09/02 TimeSaver Off~Site Secretarial 509.88 Recordin~-SecretaTV T35 04/09/02 Tower A~all, Inc. 599.08 Road Mix! Asohalt Reoair T36 04/09/02 Xerox Cornoration 507.22 Anr Conier Lease II Total a Unnaid Claims --- 43,203.20 II ...o\'.-.,unt'l"'Y"bl<k.......1 e e . ~ 0:; ~ .... '" 0; .... M '" <=l "" .... < <=l eLl ;.: U "" - - U eN' ...l'" ...l" .... OM 1>:", ~s ""8 ::co; u'" I>:M <'" ~ .;. ::< ~ ~ """ ..... ~e eLl ...l ...l 53 z "" 2 . .... Ci r.-: 0 0 '" 00 0 0 ~ :~ 0 =' " =' .~ 00 - .z 00 .~ N' :-~ ::M H ::u - v '" 00 :ci - ~ ~ .~ ::E; M '" " =' .~ ~ N 00 :.; ...~ N V. 00 M of .f:':' .'" Z :0 :'f:: g e ~ i2 '-~ :(,il- . ~ 'iJ " '.!:1 'd 8 " :-f" 9 ;;; :,.. '" '" '" .. ',~ 'l'1 t !:: '" '" "1': '" "- 00 "- "- :'i::i;;' :::#;: [[] "". ...~ .........gj ig :vi::::':" "..... ~@ .........;;; ....c ........\i! b.... .~ z i:l "" .Q .!;:l .;' ~ ""~. 111 " o E .~ <: '" Vi e '" 00 ~ ~ ~ N 00 00 ggg do~ ooo.d COOQ 666d N 0 .N. 00 c<)....... r-: v).~ 000'" r-~ 0 .i':; N~ m. 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Polling Location Re;;olution 02-1 R STATE OF MINNESOTA CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 02-18 DESIGNATING POLLING LOCATIONS FOR 2002 ELECTIONS WHEREAS, a State Special Election is June 4, 2002, and the State Primary Election is September 10, 2002, and the State General Election is November 5, 2002; and WHEREAS, Minnesota Statutes 204B.16 requires the City Council, by ordinance or resolution, to designate the polling places for the City for these elections. NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council hereby designates the following precincts and polling places as illustrated on the attached Exhibit "A": Precinct No.1 - Presbyterian Church of the Way 3883 N. Lexington Avenue Shoreview, Minnesota 55126 Precinct No.2- The Presbyterian Homes 3220 Lake Johanna Boulevard Precinct No.3- V alen tine Hills Elementary School 1770 West County Road E2 Precinct No.4- Arden Hills City Hall 1245 West Highway 96 ADOPTED, by the City Council this 8'" day of April, 2002. Dennis Probst, MAYOR ATTEST: Joseph P. Lynch, Administrator - .-- r PRECINCT # 4 Arden Hills City Hall 1245 West Highway 96 I PKECINIT IIJ V .lcntiD~ Hilla ScMol 1770 C....ay _d 1:0-2 PIlI:CINCl _. I---~---~~- I PRECINIT fI2 Probyterian Homflll 3:!20 La'" J.lwuuIlI.... CIa.... of.... Way 33I2~AY_UE N A . . . ~ ~ EN HILLS MEMORANDUM DATE: March 22,2002 TO: Joe Lynch, City Administrator FROM: Terry Post, City Accountant ~ SUBJECT: Disposition of2001 General Fund Operating Surplus Backl!round Preliminary unaudited General Fund No. 101 operating results for the year ended December 31, 2001, indicate a projected surplus of approximately $190,000. Revenues are projected to result in an approximately $335,000 positive budget variance while expenditures are projected to result in a $145,000 negative budget variance (including a $44,239 reconciliation credit from the Ramsey County Sheriffs Department). The most significant driver in the projected surplus was a $222,000 positive revenue variance in the licenses and permits revenue category. Last Year When presented with a similar set of circumstances for the year ended December 31, 2000, the City Council approved a $150,000 transfer to Municipal Land Buildings Capital Fund No. 408. Past Practices Although an operating surplus could be used for any legal purpose, prior Council actions for the disposition of surpluses could be characterized as using them for one-time (typically capital) expenditures and not for operating needs. AdeQuacv of General Fund Balance Preliminary unaudited estimates of the December 31, 2001, General Fund No. 101 fund balance is approximately $825,000 (before any operating surplus transfers out). The January I, 2000, beginning year fund balance was approximately $635,000. The preliminary fund balance after a $190,000 operating transfer would remain at $635,000. This represents approximately 24% of the budgeted 2002 expenditures ($2,628,220). A return to the year 2000 level of25% of planned next year budgeted expenditures would require a fund balance of approximately $660,000. Building the General Fund balance to this level would limit an operating transfer out to $165,000 ($190,000 surplus in 2001 less $25,000 fund balance increase). Disposition of200l General Fund Operating Surplus March 22, 2002 Page 2 of2 . ----~2001 Operatilli!SUil:lTus-OptlOns u_~_ Staff believes that there are several options for Council consideration in approving an operating transfer for the 2001 operating surplus primarily caused by unexpected building permit revenues. They may include the following: 1. Municipal Land & Buildings Fund No. 408. With City Hall construction costs largely behind us, the next focus will be on a new maintenance facility. 2. TCAAP Planning Fund No. 229. To what degree will the City be willing to "share the risk" with a development team on Phase 2 implementation planning? 3. Park Fund No. 227. The recently completed long-range planning exercise has identified more project cost dollars than current park fund resources. 4. City Hall Facility. Although the facility is wired to accommodate a portable generator in an emergency situation, the City currently does not have such a piece of equipment. 5. Building Inspection Records. The City essentially utilizes a manual paper filing system. Staffhas contemplated a scanned/digitized record retention project with database that would increase productivity and efficiency. Since this is the department that is largely responsible for the 200 I surplus it seems fitting that it would also be the primary beneficiary of such a records conversion proj ect. . This list is not intended to be inclusive, but rather a beginning point in discussions on this subject. Recommendations 1. This memorandum be included in the March 22, 2002 Non-Agenda Packet. 2. Council consider this item as an agenda item on the April 8, 2002 Regular City Council Meeting Agenda. . HP Laser Jet 3200 (Ap)@ , , " " " _ .J'::'__;' ,It'w LASERJET 3200 APR-12-2002 1.20PM i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Result 405 4/12/2002 114.28PM Send 9.7634219511 0.48 1 OK 406 4/12/2002 L15.21PM Send 9.6516286833 0:45 1 OK 407 4/12/2002 I: 16: 12PM Send 9,7637060891 0:45 1 OK 408 4/12/2002 117. 02PM Send 9.6516333846 110 1 OK 409 4/J2/2002 118.17PM Send 9.6512282191 0.53 1 OK 410 4/12/2002 I: 19: 15PM Send 9.6512279371 0.33 1 OK 411 4/12/2002 1:19:54PM Send 9.6514821262 0:40 1 OK . ~ ~HILLS AGENDA CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORKSESSION MONDAY, APRIL 15, 2002, 4:45 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 . 4:45 P.M. 1. Call to Order Quarterly Reports 4:45 P.M. 2. Staff Discussion Items a. Community Development I) TCAAP developer discussion b. Finance Department c. Operations & Maintenance Department . I) 2002 PMP 2) 2003 PMP d. Administration Department 1) 2002 Retreat review 2) Staff restructure Director of Administration and Director of Operations and Maintenance positions 3) Discussion: Town Hall Meeting/Open House 7:00 P.M. 3. Council Comments 7:30 P.M. 4. Adjourn The above times may vary depending upon length of issue discussion. - e . ~ ~~HILLS CITY OF ARDEN HILLS MEMORANDUM DATE: April 2, 2002 TO: Joe Lynch, City Administrator FROM: Aaron Parrish, City Planner /r P SUBJECT: 2002 First Quarter Report Planninl! Cases In the first quarter of 2002, five Planning Cases and/or actions were considered for official Council Action. This is an increase over the same time period in 2001 when three Planning Cases and/or actions were reviewed. A summary of planning cases for this quarter, comparing 2002 to 2001, is as follows: First Quarter 2002 Subdivision / Lot Consolidation 1 Rezoning / Comp Plan Amendment 0 PUD (including Amendments) I Ordinance Amendments 0 Site Plan Review 1 Special Use Permit (including Amendments) 2 Vari ance I o o o o o o o o o o o o o o 0 0 0 I 0 0 I 0 0 0 0 0 0 0 0 Amendments) 0 0 0 . 0 0 0 Memo to Joe Lynch, City Administrator April 2, 2002 2002 First Quarter Report For reference, the Planning Commission did not meet during the month of Fcbmary since . there were no Planning Cases to consider. The Planning Commission is also making progress with regard to their Council approved Work Plan. In March, they had their first review of the suhdivision ordinance to evaluate its consistency with the recently adopted pavement management plan. Based on comments received by the Commission, staff is preparing some modifications for consideration at the May 2002 meeting. Sil!n Permits Six sign permits were processed during First Quarter of 2002. Six sign permits were also processed during First Quarter 2001. Other Activities Aside from the processing of Planning Cases, Sign Permits, and responding to resident questions, staff has participated in several other activities including: . Facilitated Guidant master planning process including the coordination of a neighborhood meeting for interested residents and individuals and the creation of a project web page for public information purposes. . Coordinated Gateway Redevelopment Environmental Assessment Worksheet review. . Worked with City Accountant regarding reuse and appraisal of remnant parcel at . Highway 96 and West Round Lake Road. . Continued coordination with consultant and Rice Creek Watershed District regarding the Local Storm Water Management Plan. . Assisted City Administrator with issues associated with Xcel Energy power line siting along Lexington Avenue. . Continued participation in the 1-694 Aesthetic Design Committee. . Attended MPCA Phase II permitting meeting/public hearing for "Separate Municipal Storm Water Systems" to assess implications for Arden Hills. . Continued 1-35W Corridor Coalition activities including Community Development Directors Committee, GIS Taskforce, and Housing Subcommittee. · Made several enhancements to the web site including an online community profile, new City Hall photo page, and other minor improvements. . Assisted City Administrator with TCAAP planning activities including map and document development. . 2 . . . ~ ~ EN HILLS MEMORANDUM DATE: April II, 2002 TO: Joe Lynch, City Administrator FROM: Terrance Post, City Account~ SUBJECT: First Quarter Report Following are significant events that occurred during the first calendar quarter of2002: . Fourth quarter utility billings issued on a timely basis as per ordinance timing requirements. . City Accountant had performance review for the period from July 27,2000 - July 26, 2001 with the City Administrator. . Assisted in the hiring process of both the Deputy Clerk and the Customer Service Representative II positions. . 2002 budget document book issued. . Assisted as temporary liaison for Maintenance Facility Task Force in the absence of staff liaison Tom Moore. . Attended Springbrook Financial Software training in Woodbury, Minnesota, with other cities (i.e., Stillwater, Lake Elmo, Roseville). Based upon implementation problems with Version 6.0 of this software, I am proceeding cautiously. . Assisted the City Administrator in preparing several labor negotiation analysis schedules. . . . ~ ~ EN HILLS MEMORANDUM TO: Joe Lynch, City Administrator FROM: Dave Scherbel, Building Official SUBJECT: Building Department; First Quarter Report April 10, 2002 Report First quarter for the year 2002 shows that the value of all construction was $4,455,380.00. Total fees collected for that same time period were $58,989.64. This compares with a total value of $22,621,535.00, with fees collected of$245,487.5l in the first quarter of2001. The primary reason for the large difference in value is due to permits for Mounds View High School and Valentine Elementary School being issued during the first quarter of 200 I. As a more normal comparison, first quarter construction values for the year 2000 were $2,704,647.00 and 1999 value of construction was $3,802,940.00 Notable Commercial Construction Guidant's continued renovating of the old control data building (4201 Lexington) during the first quarter amounted to a value of $2,039,957.00 Two new homes being constructed with a total value of$I,073,187.00 Construction Permits Quarterly Report 1st Quarter.2001 # Buildin9 Comm New Comm Remodei Res New Res Remodel m_,,,""" ,...'....._"., Other Total Building 2 19 n"j . 37 Mechanical Commercial Residential "Tolal Mechanical ... 6 33 39 . "'U'M'_'__' F'11I.rnl:liI19 ... Commercial Residential ......_..T.ol~lp.iLU;.1.binii. .. 5 12' .. 17.' o . ......F~ StateS Villuation. ... $0.00 .. $29;315.5'f $10,899.33 '$6,592:43 ... "'$150.00" .. . ,$46,~~?:3"3 . . .... $q.go $1,515.66 $536.59 . '$i85~31 .... .. ... '${50 . $2,239.06' 372.38 2499.18 . $3,87156: 3 1'6.5 $1'9:50 _", ,.. .,nw"'o"''''''',''~'_~' ""W_~'___'_' 1012.5 2.5 'M'Mn,'__.'.__." 720. '$3,132:50:='-" '=$S,5(j= . .~_._,-,--" Electrical 19 . _u_",,~,__.'_ Commercial 4096 9.5 Residential 33 1027 16.5 T otai Electrical 52 $~,123.00 $26:66 l) i911~, T.otlll.. 6 450 3 Fire Total 9 855.25 4.5 Grand Totals 160 $58,989.64 $2,300.56 . n $O,qq $0.00 $1,200.00 ._~O:.QQ $0.00 11',200: $1,200 .$600 $3.01'1,29'foo .. ... ${073;1's7.00 $369;696.00 . -'$1:206~oo $4;~]~:~8(j.00 . $4,455,380.00 . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF ARDEN HILLS MEMORANDUM DATE: April II, 2002 TO: Joe Lynch, City Administrator FROM: Thomas J. Moore; Parks and Recreation Director, Acting PUblic!L J ~ Works Director <J SUBJECT: 2002 First Quarter Report - Operations & Maintenance Staff responded to 23 after hours "Call Outs" Staff attended Safety Training Class on traffic control Staff attended a Class on Street Sweeping Staff attended a Class on Vactoring Sewer Lines. Staff attended a Tree Certification Class. Staff attended Water School for recertification of Water Licenses. Planning for 2002 sewer line televising and line repair has taken place with assistance from BRWIURS. 2002 Storm Water maintenance projects have been identified with assistance from BRWIURS. Placed safety flags on 200 City Hydrants. Built & installed storage bins for the Recreation Storage Room at City Hall. Created a locker room at the Public Works facility from the space vacated by the Recreation department. Street and Trail cleaning has begun. Televised, cut, jet & vactored the sewer line on Lake Johanna Blvd from Cty Rd.D - Cty Rd E. Jet & vactored the sewer line on Lametti Court + Lametti Lane. Jet & vactored the sewer line on Red Fox Rd. + Grey Fox Rd. Pothole patching has begun. The interior of every Warming house has been painted. Two year maintenance work performed on Lift Stations #11 + #12. Park trash cans + picnic tables have been painted. Developed a new packet for the Application for Permit for Installation of Above/Below Ground Utility Construction. Registered the City of Arden Hills with Ramsey County for their new Annual Right- A- Away Process. RAMSEY COUNTY ANNUAL RIGHT-OF-WAY USER REGISTRATION FORM RAMSEY COUNTY DEPARTMENT OF PUBLIC WORKS Phone: (651) 484-9104 Fax (651) 482-5232 http://www.co.ramsev.mn.us/pw email: P\\.Pcrmitsii)co.ramsev.mn.us 3377 North Rice Street Shoreview, MN 551. 651-482-52390ffiW 651-482-5232 fax .. , Type Registration: NewD Annual UpdateD Utility OwnerD ContractorD Registrants Name: Company Name: Registrants Billing Address: Street: City: State: Zip: E-Mail Address ............... Business Phone Number.... Emergency Phone Number. Facsimile Number............ Gopher One-Call Registration Certificate Number... Local Representative (24-hour contact) Information: (minimum of two names) Name ........................... Business Phone Number..... Emergency Phone Number ... ~ Pager Number .................. Cell-Phone Number........... ATTACHMENTS: Certificate of Insurance: (See Ramsey County, Insurance and Indemnification Requirements) 1. A copy of Ramsey Counties "Insurance Requirements" can be downloaded from our web site. 2. Attach a copy of your "CERTIFICATE OF INSURANCE" to application. 3. Ramsey County, their officials and employees must be named as "additional insured" on the insurance certificate. Construction Performance Bond: 1. "ANNUAL": Utility owners must post an Annual Construction Performance Bond in the amount of $100,000 (we reserve the right to increase this amount for larger projects). Attach to application. 2. "INDIVIDUAL PROJECT BONDS": All other Performance Bonds (individual project bonds) and amounts shall be determined at the time of the permit application. The amount of the bond will be determined by several factors, including age of road, surface to be disturbed, width - length - depth of excavation, etc. The length of this bond shall be for a period of twenty-four (24) months. Annual Right-of-Way User Registration Fee: $25.00 Cash D Check D BilledD Applicant Signature: Date: (MUST BE SIGNED) Official Use Only Authorized County Representative: Registration Number: Signature: Date: CITY OF ARDEN HILLS 1245 West Highway 96 ~RDEN HILLS Arden Hills, Minnesota 55112 . -~ Phone: (651) 634-5120 . Fax: (651) 634-5137 Date: PLICATION FOR PERMIT FOR INSTALLATION OF ABOVE GROUND UTILITIES OR FOR UNDERGROUND UTILITY CONSTRUCTION . . ~ Permit No. Receipt No ! Please read the attached information! Applicant Information Applicant's Name: Applicant's Address: Applicant's Phone No.: Proiect Information Nature of Work: Type of surface to be Disturbed: (circle one) Location: (additional information attached when necessary) S.' d kind of pipe, c , or cable: Depth from surface: Method of installation or construction (including method of compaction and excavation): Work to start within how many days: Will detouring of traffic be necessary? If so, describe rerouting: Gravel, Bituminous, Concrete, Boulevard 'Work will be completed within how many days after start: . The date when work is completed must be reported to the Arden Hills Operations & Maintenance Director. By signing this application you attest you have read the information and the above information is a true and accurate representation of the project. Applicant Signature: Printed Name: Date: City Hall Authorization of Permit ulAayment of permit fee in the amount of $ and in consideration of the agreement to comply in all aspects with th.et or alley excavation ordinances and regulations applicable covering such operations, permission is hereby granted for the work to be done as described in the above application, said work to be done in accordance with special provisions required, as hereby stated on the reverse side of this permit. Approved By: Date: ~ ~~HILLS City 01 Arden Hills Arden Hills, Minnesota 55112 Phone: (651)634.5120 Fax: (651) 634-5137 . Important Utility Permit Information . It will be the responsibility 01 the installer to locate any other utilities which currently lay within the right-ol-way and to protect those utilities during any above ground or below ground installation. . Horizontal separation 01 12' must be maintained between any city sanitary sewer or city water mains. Any crossings 01 these mains shall be at right angles whenever possibie. . All trenches lor electric, communication, or gas lines must be compacted to a 95 percent standard density. . Ali areas disturbed by the electric, communication, or gas line construction must be returned to the condition existing prior to the electric, communication, and gas line construction. . Any damage to an existing utility, structure, or property done by electric, communication, or gas line construction. must be reported to the owners 01 the damaged utility, structure, or property, immediately. . The City 01 Arden Hills shall be held harmless in the event that damage occurs to any property or other utilities dUa construction. . All installations 01 electric, communication, gas lines must be done in the unpaved portion 01 the street right-ol-way whenever possible. . . Street crossings shall be made by tunneling, jacking, or boring methods. No open cutting will be allowed. . A continuous plastic ribbon 01 the appropriate color shall be buried l' above any underground utility warning 01 the type 01 utility buried below. . Fiber optics cables must be installed in a protective conduit. . . e . 360.01 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 327 AN ORDINANCE ADDING CHAPTER 360 RELATING TO RIGHT-OF-WAY MANAGEMENT TO THE CITY OF ARDEN HILLS MUNICIPAL CODE Findings and Purpose Subd. 1. In order to provide for the health, safety and well being of its citizens, as well as to insure the structural integrity of its streets and the use of the Right-of-Way, the City strives to keep its Rights-of-Way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the Rights-of-Way, a primary cause for the early and excessive deterioration of its Rights-of-Way is their frequent excavation by persons whose equipment is located therein. Right-of-Way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is located within the Right-of-Way are the primary cause of these frequent obstructions. The City recognizes that it holds the Rights-of-Way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the Right-of-Way. It also recognizes that some persons, by placing their equipment in the Right-of-Way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. The Minnesota Legislature has recognized that it is in the public's interest that the use and regulation of Rights-of-Way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner, while recognizing such regulation must reflect distinct engineering, construction, operation, maintenance, and public and worker safety requirements and standards applicable to various users of Rights-of- Way. Further, the Legislature has determined that because increasing numbers of persons may seek usage of Rights-of-Way, municipalities such as the City must be and have been authorized to regulate use of Rights-of-Way. Consistent with this mandate, the City has endeavored to model its Right-of-Way regulations consistent with those of models enacted or under consideration by municipalities throughout the state. Further, the City has endeavored to create competitively neutral Right-of-Way standards and regulations of general applicability. 360 - 1 E. City Insoector. "City Inspector" shall mean any person authorized by the City to carry out inspections related to the provisions of this Chapter. F. Del:"radation. "Degradation" shall mean the accelerated depreciation of the Right-of-Way caused by excavation in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required ifthe excavation did not occur. . G. Emerl!encv. "Emergency" shall mean a condition that (a) poses a clear and immediate danger to life or health, or of a significant loss of property; or (b) requires immediate repair or replacement in order to restore service to a customer. H. EQuipment. "Equipment" shall mean any tangible asset used to install, repair or maintain facilities in any right-of-way or which obstructs any right-of-way. I. Excavate. "Excavate" shall mean to dig into or in any way remove or physically disturb or penetrate any part of a Right-of- Way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. 1. Excavation Permit. "Excavation Permit" shall mean the permit, which, pursuant to this Chapter, must be obtained before a person may excavate in a Right-of-Way. An excavation permit allows the holder to excavate that part of the Right-of-Way described in such permits. . K. Excavation Permit Fee. "Excavation Permit Fee" shall mean money paid to the City by an applicant to cover the costs as provided in this Section. 1. Local Reoresentative. "Local Representative" shall mean the person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Chapter. M. Obstruct. "Obstruct" shall mean to place any tangible object in a Right-of- Way so as to hinder free and open passage over that or any part of the Right- of-Way. N. Obstruction Permit. "Obstruction Permit" shall mean the permit which, pursuant to this Chapter, must be obtained before a person may obstruct a Right-of-Way, allowing the holder to hinder free and open passage over the specified portion of a Right-of-Way by placing equipment described therein on the Right-of-Way for the duration specified therein. O. Permittee. "Permittee" shall mean any person to whom a permit to excavate or obstruct a Right-of-Way has been granted by the City under this Chapter. P. Person. "Person" shall mean any natural or corporate person, business . association or other business entity including, but not limited to, a partnership, 360 - 3 . . . 360.03 360.04 For purposes of this Chapter, this definition shall not be inconsistent with Minn. Stat. 9 237.162 Subd. 4. z. Unusable Eauiument. "Unusable Equipment" shall mean equipment located in the Right-of-Way which has remained unused for one (I) year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the equipment. Regulation Subd. 1. Administration. The City may designate a principal City official responsible for the administration of the Rights-of-Way, Right-of-Way permits, and the ordinances related thereto. The City may delegate any or all of the duties hereunder. Registration, Bonding and Right-of-Way Occupancy Subd. 1. Each person which occupies, uses, or seeks to occupy or use, the Right-of- Way or any equipment located in the Right-of-Way, including by lease, sublease or assignment, or who has, or seeks to have, equipment located in any Right-of-Way must register with the City. Registration will consist of providing application information to and as required by the City, paying a registration fee, and posting a Restoration Bond. The Restoration Bond required in this Section, shall be in an amount sufficient to cover 125% of the cost ofremoving the registrant's equipment located or proposed to be located under the surface of the Right-of-Way and restoring the Right-of-Way thereafter, or in such lesser amount as may be determined by the City, taking into account the amount of Equipment in the Right-of-Way, the location and method of installation of the equipment, the conflict or interference of such equipment with the equipment of other persons, and the purposes and policies of this Chapter. A. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any equipment or any part thereof located in any Right- of-Way without first being registered with the City. B. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens or in the area of Right-of-Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right-of-Way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, excavations deeper than 12 inches are subject to the permit requirements of this Chapter. Subd. 2. Right to Occupy Rights-of-Way; Payment of Fees 360 - 5 c. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (1) use and occupancy of the Right- of-Way by the registrant, its officers, agents, employees and permittees, and (2) placement and use of equipment in the Right.of- W ay by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property, . d. Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages, e. Requiring that the City be notified thirty (30) days in advance of cancellation of the policy, and f. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage in amounts established by the City of the office of risk and employee benefit management in amounts sufficient to protect the City and carry out the purposes and policies of this Chapter. 4. If the registrant is a corporation, a copy of the certificate required to be filed under Minn. Stat. 9300.06 (1996) as recorded and certified to by the Secretary of State. . 5. A copy of the registrants certificate of authority from the Minnesota Public Utilities Commission, where the registrant is lawfully required to have such certificate from said Commission. 6. Such other information as the City may require. B. The registrant shall keep all of the information listed above current at all times by providing to the City information of changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Subd. 5. Reporting Obligations A. Operations. Each registrant shall, at the time of registration and by December I of each year, file a construction and major maintenance plan with the City. Registrants must use commercially reasonable efforts to anticipate and plan for all upcoming projects and include all such projects in a construction or major maintenance plan. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate the coordination and reduction in the . frequency of excavations and obstructions of Rights-of-Way. 360 -7 application for another Right-of-Way permil before the expiration of the initial permit, and (2) a new permit or permit extension is granted. e Permits issued under this Chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the City inspectors and authorized City personnel. Subd. 7. Permit Applications. Application for a permit is made to the City. Right- of-Way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: A. Registration with the City pursuant to this Chapter. B. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location of all existing roadways and public or private utilities, area of the proposed project, and the location of all existing and proposed equipment. C. Payment of all money due to the City for: I. Permit fees and costs due; 2. Prior obstructions or excavations; . 3. Any loss, damage, or expense suffered by the City as a result of applicant's prior excavations or obstructions of the Rights-of-Way or any emergency actions taken by the City; and 4. Franchise fees, if applicable. D. When an excavation permit is requested for purposes of installing additional equipment, and the existing Restoration Bond is insufficient with respect to the additional equipment, the posting of an additional or larger Removal Bond for the additional equipment may be required. Subd. 8. Issuance of Permit; Conditions A. Ifthe City determines that the applicant has satisfied the requirements of this Chapter, the City may issue a permit. B. The City may impose any reasonable conditions upon the issuance of a Permit and the performance of the applicant thereunder in order to protect the public health, safety and welfare, to ensure the structural integrity of the Right-of- Way, to protect the property and safety of other users of the Right-of-Way, to minimize the disruption and inconvenience to the traveling public, and to otherwise efficiently manage use of the Right-of-Way. . Subd. 9. Permit Fees 360 - 9 c. City for costs associated with a decrease in the useful life of the Right-of-Way caused by excavation and shall include a restoralion fee component. Payment of such fee does not relieve a permittee from any restoration obligation. . I. City Restoration. If the City restores the Right-of-Way, the permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such restoration, the Right-of- Way settles due to permittees excavation or restoration, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said Right-of-Way. 2. Permittee Restoration. If the permittee restores the Right-of-Way itself at the time of application for an excavation permit, such permittee may be required to post an additional performance bond in an amount determined by the City to be sufficient to cover the cost of restoring the Right-of-Way to its pre-excavation condition. If, thirty-six (36) months after completion of the restoration of the Right-of-Way, the City determines that the Right-of-Way has been properly restored, the surety on the performance bond shall be released. B. The permittee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The City, in exercising this authority, shall be guided but not limited by the following standards and considerations: . 1. The number, size, depth and duration of the excavations, disruptions or damage to the Right-of-Way; 2. The traffic volume carried by the Right-of-Way; the character of the neighborhood surrounding the Right-of-Way; 3. The pre-excavation condition of the Right-of-Way; the remaining life expectancy of the Right-of- Way affected by the excavation; 4. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the Right-of-Way that would otherwise result from the excavation, disturbance or damage to the Right-of-Way; and 5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the Right-of-Way that would otherwise take place. By restoring the Right-of-Way itself, the permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion. During this thirty-six month period it shall, upon notification from the City, correct all restoration work to the extent necessary, using the method required by the . 360 - 11 e . . 360.09 Subd. 1. Obtaining a Right-of-Way permit does not relieve permittee of the duty to obtain all other necessary permits, licenses, franchises or other authorizations and to pay all fees required by the City, any other City, County, State, or Federal rules, laws or regulations. A permittee shall comply with all requirements of local, State and Federal laws, including Minn. Stat. ~~216D.Ol-09 ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right-of-Way pursuant to the permit, regardless of who performs the work. A. Except in the case of an emergency, and with the approval of the City, no Right-of-Way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work. B. A permittee shall not so obstruct a Right-of-Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles may not be parked with or adjacent to a permit area. The loading or unloading of trucks adjacent to a permit area is prohibited unless specifically authorized by the permit. Denial of Permit. The City may, in accordance with Minn. Stat. ~237.l63, Subd. 4, deny any application for a permit as provided in this Chapter. Subd. 1. Mandatory Denial. Except in the case of an emergency, no Right-of-Way permit will be granted: A. To any person required by this Chapter to be registered who has not done so; B. To any person required by this Chapter to file an annual report but has failed to do so; C. For any Next-year Project not listed in the construction and major maintenance plan required under this Chapter unless the person used commercially reasonable efforts to anticipate and plan for the project; D. For any project which requires the excavation of any portion of a Right-of- Way which was constructed or reconstructed within the preceding five (5) years; E. To any person who has failed within the past three (3) years to comply, or is presently not in full compliance, with the requirements of this Chapter; F. To any person as to whom there exists grounds for the revocation of a permit under this Chapter; and G. If, in the discretion of the City, the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The City, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the 360 - 13 360.10 360.11 360.12 Installation Requirements. In accordance with Minn. Stat. 99237.162, Subd. 8(3); 237.163, Subd. 8; and other provisions of law, and until the Public Utilities Commission adopts uniform statewide standards, the excavation, restoration, and all other work performed in the Right-of-Way shall be done in conformance with "Engineering Standards adopted by the PUC" as promulgated by the City and at a location as may be required by this Chapter. The City may enforce its local standards prior to adoption of mandatory, preemptive statewide standards pursuant to its inherent and historical police power authority. e Inspection Subd. 1. When the work under any permit hereunder is completed, the permittee shall notify the City. Su bd. 2. Permittee shall make the work site available to the City Inspector and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion ofthe work. Subd. 3. At the time of inspection the City Inspector may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. The City Inspector may issue an order to the registrant for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the registrant shall present proof to the City that the violation has been corrected. If such proof has not been presented within the required time, the City may revoke the permit pursuant to this e Chapter. Work Done Without a Permit Subd. I. Emergency Situations. Each registrant shall immediately notify the City or the City's designee of any event regarding its equipment which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary in order to respond to the emergency. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. In the event that the City becomes aware of an emergency regarding a registrant's equipment, the City may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary in order to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency. Subd. 2. Non-Emergency Situations. Except in the case of an emergency, any person who, without first having obtained the necessary permit, obstructs or evacuates a Right-of-Way must subsequently obtain a permit, pay double the normal . fee for said permit, pay double all the other fees required by City ordinance, 360- t5 e e e 360.14 360.15 Subd. 4. From time to time, the City may establish a list of conditions of the permit which, if breached, will automatically place the permittee on probation for one (1) full year, such as, but not limited to, working out of the allotted time period or working on Right-of-Way grossly outside of the permit. Subd. 5. If a permittee, while on probation, commits a breach as outlined above, permittees permit will automatically be revoked and permittee will not be allowed further permits for one (I) full year, except for emergency repairs. Subd. 6. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with such revocation. Appeals Subd. 1. A person that: A. Has been denied registration; B. Has been denied a Right-of-Way permit; C. Has had its Right-of-Way permit revoked; or D. Believes that the fees imposed on the user by the City do not conform to the requirements of law, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness ofthe decision. Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the Right-of-Way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City and the person. If the parties cannot agree on an arbitrator, the matter must be resolved by a three-person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the person, and one arbitrator selected by the other two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the City and the person. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and ofthe arbitration. Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and attorney fees. Mapping Data Subd. 1. Each registrant shall provide to the City information indicating the horizontal and vertical location, relative to the boundaries of the Right-of-Way, of all 360 - 17 that is or, pursuant to current technology, the City expects will someday be located within the Right-of-Way. Excavation, obstruction, or other permits issued by the City involving the installation or replacement of equipment may designate the proper a corridor for the equipment at issue and such equipment must be located accordingly. .. Any registrant whose equipment is located prior to enactment of this Chapter in the Right-of-Way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where its equipment is located, move that equipment to its assigned position with the Right-of-Way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment found in a Right-of-Way that has not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance pursuant to this Chapter or taking possession ofthe equipment and restoring the Right-of-Way to a useable condition. Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall have the power to prohibit or limit the placement of new or additional equipment within the Right-of-Way if there is insufficient space to accornmodate all of the requests of registrants or persons to occupy and use the Right-of-Way. In making such decisions, the City shall strive to the extent possible to accornmodate all existing and potential users of the Right-of-Way, but shall be guided primarily by .- considerations of the public interest, the public's needs for the particular service, the .- condition of the Right-of-Way, the time of year with respect to essential utilities, the protection of existing equipment in the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Subd. 5. Relocation of Equipment. The person must promptly and at its own expense, with due regard for seasonable working conditions, permanently remove and relocate its equipment and facilities in the Right-of-Way whenever the City requests such removal and relocation, and shall restore the Right-of-Way to the same condition it was in prior to said removal or relocation. The City may make such requests in order to prevent interference by the company's equipment or facilities with (I) a present or future City use of the Right-of-Way, (2) a public improvement undertaken by the City, (3) an economic development project in which the City has an interest or investment, (4) when the public health, safety and welfare requires it, (5) or when necessary to prevent interference with the safety and convenience of ordinary travel over the Right-of-Way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any Right-of-Way, which has been vacated in favor of a non- governmental entity unless and until the reasonable costs thereof are first paid by such non-governmental entity to the person therefore. . 360 -19 . . . B. By registering with the City, a registrant agrees, or by accepting a permit under this Chapter, a permittee is required to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a Right-of-Way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a Right-of-Way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a Right-of-Way, whether or not the act or omission complained of is authorized, allowed or prohibited by aRight -of-Way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This Chapter is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City, and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Subd. 10. Future Uses. In placing any equipment, or allowing it to be placed, in the Right-of-Way the City is not liable for any damages caused thereby to any registrant's equipment which is already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special duty is created as to any registrant. This Chapter is enacted to protect the general health, welfare and safety of the public at large. Subd. 11. Abandoned and Unusable Equipment A. A registrant who has determined to discontinue its operation with respect to any equipment in any Right-of-Way, or segment or portion thereof, in the City must either: 1. Provide information satisfactory to the City that the registrant's obligations for its equipment in the Right-of-Way under this Chapter have been lawfully assumed by another registrant; or 2. Submit to the City a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds under this clause, the City may, at its option: a. Purchase the equipment, or b. Require the registrant, at its own expense, to remove it, or 360 - 21 respectively, except for conditions relating to the term of the pennit and the right of termination. If a permit, right or registration shall be considered a revocable permit as . provided herein, the permittee must acknowledge the authority of the City Council to issue such revocable permit and the power to revoke it. Nothing in this Chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 360.19 Non-Exclusive Remedy, The remedies provided in this Chapter and other chapters in the legislative code are not exclusive or in lieu of other rights and remedies that the City may have at law or in equity. The City is hereby authorized to seek legal and equitable relief for actual or threatened injury to the public Rights-of-Way, including damages to the Rights-of-Way, whether or not caused by a violation of any of the provisions of this Chapter or other provisions of the legislative code. Effective Date: This ordinance shall become effective the day following its publication. Adoption Date: Passed ~ City Council Or:t:jity of Arden Hills the day of d 2001. ATTEST: . 10 Publication Date: Published on the of ,2001. . 360 - 23 . . . ~ ~ EN HILLS MEMORANDUM DATE: April 10, 2002 TO: Mayor and City Council Joe Lynch, City Administrator FROM: Aaron Parrish, City Planner ~( SUBJECT: TCAAP Developer Discussion Developer Team Members To date, the Council has heard four formal presentations from various development teams interested in partnering with the City on the reuse and redevelopment of select portions of TCAAP. For reference, the following companies have made presentations: 1. Mills Corporati on 2. Centex Multifamily Homes / Glenn Rehbein Construction 3. Dave Bernard Home Builders (Rottlund Homes) 4. Opus Corporation A spreadsheet highlighting the key team members for each presenter has been attached for your revIew. Model Af!reements As Council may recall, staff was previously directed to research model agreements that could provide the foundation for a relationship between the City and prospective partner. Throughout the course of researching a number of "high profile" developments throughout the metro area, it was found that the range of agreements between the respective Cities and developers was highly situational and project dependent. In short, there is no standard approach. For reference, the following projects and related agreements were researched: I. Park Commons East Redevelopment in St. Louis Park A preliminary development agreement is being utilized prior to the negotiation and execution of a redevelopment agreement. This agreement offers the developer exclusivity for a specified period of time while they compile applicable market and Memo to Mayor and City Council TCAAP Developer Discussion April 10, 2002 Page 2 of3 . technical information. As part of the agreement, the developer submitted cash and a letter of credit to offset cost incurred by the City in conjunction with a review of the project. For reference, prior to the execution of this agreement, the City had done significant land use and project planning for the site. In addition, the City has acquired, or is in the process of acquiring the land for the project. 2. Northwest Quadrant Redevelopment in New Brighton The City of New Brighton currently has a "Contract for Exclusive Negotiations and Consulting Agreement" with Ryan Companies. This agreement provides the framework for the negotiation of a development agreement in the future. Based on this agreement, if the terms of the redevelopment agreement cannot be agreed to, or if the project cannot proceed, the developer would be reimbursed by the City up to $200,000. For reference, prior to the execution of this agreement, the City had done significant land use and project planning for the site. In addition, the City has acquired, or is in the process of acquiring the land for the project. 3. Upper Landings Redevelopment in St. Paul . The approach taken by the Upper Landings project in St. Paul was somewhat unique. In this instance, the St. Paul HRA adopted a resolution designating a tentative developer for the project. In exchange for the designation, the developer was required to submit a $100,000 refundable deposit. However, it was explicitly recognized that all pre- development activity was the developer's responsibility. After preliminary analysis and due diligence, the resolution provides a framework for entering into a formal redevelopment agreement. It should be noted that the St. Paul HRA did own the property, and that conceptual land use planning had been completed. Due to the many unique characteristics associated with the reuse and redevelopment of TCAAP, and since more refined project planning and analysis needs to be completed prior to entering into a preliminary or standard redevelopment agreement, staff would suggest an agreement similar to the one utilized in the Upper Landings redevelopment with the following distinctions: I. The document take the form of a "Preliminary Development Agreement" as opposed to a resolution. 2. Language be incorporated to reflect legal, technical and goverrunental affairs activities associated with land acquisition efforts. 3. Incorporate provisions requiring an escrow to be submitted to the City for reimbursement of project expenses including but not limited to legal, goverrunental affairs, planning, a. environmental, and engineering consultants that may need to be retained to ensure the .. City's interests are appropriately represented. 4. City selects, or has input into the selection of the planning/design firm. , . . . Memo 10 Mayor and City Council TCAAP Developer Discussion April 10, 2002 Page 3 of 3 Of course, throughout the course of developing this agreement staff would need to work closely with legal counsel and the selected development team. For your reference, staff also researched the Arbor Lakes project in Maple Grove and the Near Northside redevelopment in Minneapolis, however, the circumstances surrounding these particular projects were not necessarily applicable to the reuse of TCAAP. In addition, the City of St. Anthony was contacted regarding their Apache Plaza redevelopment, but they have not finalized an agreement with their selected developer at this point. Local Develovment Team As the Council has indicated on a number of occasions, proceeding in responsible manner with regard to TCAAP will require the City to assemble a "Local Development Team." While in some instances it is premature to identify team members prior to the selection of a development team/partner, the following could serve as a starting point for discussion purposes: Functional Area Governmental A airs Legal-Development Legal-Environment and Real Estate Legal - Local Environmental Team Member I"arkin, Hoffman, Daly Lindgren . Dependent on Devdopment Team Seleeted . Dependent on Devdopment Team Seleeted . City Attorney Jerry Filla Dependent on Development Team Selected . Design Center for the American II rban Landscape (Framework) . Primary I'lanning/Design Consultant Dependent on Development Team Selected . URS Ehlers and Associates Planning / Design Engineering Financial Advisor Attachments: I. Spreadsheet highlighting team members for each presenter 2. Park Commons East Preliminary Development Agreement - St. Louis Park 3. New Brighton Northwest Quadrant Redevelopment Agreement 4. Upper Landing Tentative Developer Resolution Development Agreement with St. Paul ~ ~ " " " " ~ " u 0' " S " u " '" '" .~ , C 0.. C Z 'P 0 ~ 0; ~ "-< " " " .... ~ " VJ " -i ... >- ..= v '"d a c " '" " -i 0; C. S " 0 0..0 'r::r:: 0 " u ... C 0' .... e-~o u c '50 c .~ '+J " ::: ro " " ,,::;: '" 0 U E 0 o " ~ '" OI) " "0 6 ~ " '" 0 '" .... ~ &i E ]a ro u e- ~ 6 0 "" " u '0 o<l C. 0 ~ og,uE '0 u U ~ " j ~ 0.. 00 0 ~~ ~ .~ >O-i~ 0. " ~ '" .... " ~.~ =~ ei .:!Cl:~ ~ =.= - " " " " ~-e Ooi " C ~~u " '" " e u 0 == t: '" >C> t: ~ t: '" ~ - " 'e '" !: !: e ... '" c.fS- ,,- !: '" '- ,. ... '" o.,Q ... '" fS- - '" ,. '" Q ~ ~ ~ c. " !: J: .Q .~ -~ .S ~ " I>() ~ .5 '_ C') ~ I ~ t; c.fS- ,,- !: '" ~~ ";:l 0" '" '" " '- - =: ~ .Sl~ ~ ~~ .~ .~ I ~ ~... '" "'Q c.fS-... ,,- '" !: "'"'" ';: ~.~ o.,Q::t: '0 o p; 6 <;; 5 CI] CI] ;::i .... '" ~ ~ ~o t: ;g, ~ - " - '" '" !: '" ... '" ,. c \) U -i -i g: o o ..;< a o " ..= t-< -< " "-< 0 1:f !>. "-< 8 I'l-i ~~o<l-i ,,- - ~ "i) ~ ~ -0 ~ Sl g " ..;< ..;< p; '" u u .Q.E:J31j 'd5 cd: ou ~ ~C~~ - " ~ '-l '" " .~ S- o j;j U " " " 'r:: '<)..s .... ;g ~"' ~ 01) 0 .~ p; " " @t-<-i .2~p; ot-<~ - s is !: '" 2 .~ ~ ] ~ o 'i3 2l ~ B CI:l :.E 5 ~ ~~"" 8:3 ~ .~ ~ Q "- ~ ',. '" -'1 0., '" " .8 ~ ~ ~ o .... "-< '0 o ~ o " ~ 'E ~~ '" '" " ~ ~ .<) p; :0 .- '" >> -; ~ u o ~ ~ -< '0 ~ ;,; '" " to " Ii: r.J 8 ~ =Ei~ '" 0 to ~::o~ I>() '" .;:: '" '" '" ! ... '" ';'S a t , Lynch,Joe Aom: 'nt: To: Subject: Noonan, J Michael [jmnoonan@rottlundhomes.com] Thursday, April 11 ,2002 11 :51 AM 'joe .Iynch@ci.arden-hills.mn.us' TCAAP In thinking about our presentation and proposal to the City and follow up correspodance, I feel there is a need to clarify one aspect. On behalf of our development team I would like to restate our commitment to advance resources (time, money, etc...) to assist in the planning of the TCAAP. Our group is prepared to make the appropriate investments in terms of advancing our mutually defined goals and objectives. I feel that this commitment may not have been expressed as clearly as we would have liked. I would appreciate it if you would express this willingness to the Council as part of their deliberations next monday. JMN . . I ~AR-19-Q002 13:34 COMMUN] TY DEI) 6129242663 P.01 . 5005 Minnetonka Blvd. St. Louis Park, MN 55416-2290 Phone: 952-924-2197 Fax: 952-924-2663 Email: ghunt@stlouispark.org CITY OF ST. LOUIS PARK F..cOllOlllic Development Authority Fax TO: Aaron Parish From: Greg Hunt City of Arden Hills Economic Development Coordinator Fax: 651-634.5137 Pages' $~ Phone: Date: 03119/02 Re, TOld Prelim Dev Agrmnt cc: . o Urgent X For Review o Please Comment 0 Please Reply o Please Recycle . Comments: . MAR-t9-2002 13:34 COMMUN II Y DEV 6129242653 General Business Terms of Preliminary Development Agreement (PDA) with TOLD Development Company Schedule The Developer will use its best efforts to complete the following tasks by the following dates: I) by August 15,2000, submit a feasibility analysis of the development including, at a minimum analysis of: :P functionality >- preliminary cost estimates ~ preliminary financing approach and gap analysis (showing the amount and form of public subsidy) " preliminary phasing plan and related components )> retail/officefhollsing mix >- suggested modifications of the master site plan, as necessary to make the plan feasible and identification of other issues. 2) by September I, 2000, request City to inItiate any necessary comprchensive plan changes and rezonings, conditioned on the parties' mutual agreement to proceed. 3) by October 2, 2000, submit to the Authority a final feasibility analysis that refines the analysis submitted under clause (I) above; and the parties commence negotiation of a final development agreement. 4) by December 1,2000, submit to the Authority a detailed schematic design for Park Commons East, including site plan, buildings, infrastmcture, and preliminary phasing plan; and submit preliminary plat documents and application for planning approvals (including preliminary PUDlo 5) by December 18, 2000, the parties must have agreed to the following ).> status of retail leasing and the office component, evidencing feasibility of the development. ~ final phasing plan " final financing approach ).> final comprehensive Contract 6) By February 15,2001, Developer has completed design development and pricing c;xercise for the first phase, and has initiated final planning approvals (including final PUD) for the first phase. P:02 . . . e e e MRR~19-Q002 IJ:3~ COMMUN ITY DEl) 51292~2553 P.03 7) by May I, 2001, Developer has completed construction documents and pncmg exercise for the first phase of the development; final planning approvals have been obtained; and Developer has submitted utility and building permit applications for the first phase. 8) by June 1,2001, construction ofutijity and streets for the first phase commences. 9) By August 1, 200 I, below ground excavation for construction of buildings in the first phase commences. DeDositIFinancial Oblie:ations Upon execution of the PDA, the Developer will deposit with the Authority: funds in the amount of $25,000, and an irrevocable bank letter of credit in the amount of $225,000. Such funds and letter of credit will be applied as follows: (a) The $25,000 cash deposit is nonrefundable. (b) On or before September 15, 2000, the Developer must deposit with the Authority additional cash in the amount of $25,000, together with a substitute irrevocable bank Jetter of credit in the amount of $200.000 in a form acceptable to the Authority. The additional $25,000 becomes nonrefundable if construction does not commence by August 1,2001. (c) From and after December 18,2000, an additional $100,000 (whether cash Or letter of credit) becomes nonrefundable if construction does not commence by August 1,2001; (d) The terms of the remaining $100,000 will be laid out in the final development agreement which is to be approved by December 18, 2000. (e) Upon commencement of below-ground excavation by August I, 2001 $225,000 less EDA expenses will be returned to the developer. MRR-19~2002 13:37 COMMUNITY DEU 61292~2663 .P.I? . AMENDED AND RESTATED PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this _ day of July, 2000, by and between the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and corporate, and thc CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (collectively referred to as the "Authority") with their principal office at 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416 and [Told Develspment eRtit).]. a MERIDIAN PROPERTIES REAL EST A TE DEVELOPMENT LLC, a Minnesota limited Iiabilitv COmnllny (the "Developer") with its principal office at WITNESSETH: WHEREAS, the Authority desires to promote redevelopment of certain property known as Phase I of the Park Commons Redevelopment Area f(referred to as "Park Commons East": formerly known lis the "Phase I Area") in the city of St. Louis Park ("City"), which property is depicted in exhibit A attached hereto; and WHEREAS, the Authority and AvalonBay Communities, Inc. ("AvalonBay") entered into an Amended and Restated Preliminary Development Agreement dated August 30, 1999, as amended by a First Amendment thereto dated December 6, 1999 (the "Agreement") in connection with redevelopment oftlla PHaGe I Mea Park Commons East; and WHEREAS, pursuant to the initial Agreement, the Authority has acquired most of the parcels of tile Pllase I .^.rea Park Commons East, is currently negotiating to acquire the remaining parcels, has prepared a preliminary analysis of public financing resources available to assist the Developer, and has commenced demolition of existing buildings on a portion of w PllaGe I ,^.rea Park Commous East; and WHEREAS, pursuant to the initial Agreement, AvalonBay submitted to the Authority a master site plan, attached as exhibit B, for redevelopment of the Pllase I .'\rea Park Commons East, and WHEREAS, with the consent of the Authority and the City, AvalonBay has assigned all its rights and obligations under the Agreement to the Developer pursuant to that certain Assignment ofPreJiminary Development Agreement dated .2000; and WHEREAS, the parties now desire to amend and restate the Agreement in order to describe their respective responsibilities as they continue to negotiate in good faith toward a definitive agreement regarding !he PRase ll.rea Park Commons East; and WHEREAS. the Authorityhas determined that it is in the Authority's best interest to designate the Developer (as successor to AvalonBay) as the sole developer ofy,@ Vllase I l.rea :\m-l~2172vl SA2BS-40 . . . e . e . , MAR-19-2002 13:37 6129242663 P.18 COMMUc< ITY DEU (ail_apt \fie pertien ae6igRateEl for e'."Rer e_eUJ'lied lleusiflg) Park Commons East during the term of this Agreement; NOW, THEREFORE, in consideration of the covenants and obligations of the parties hereto, the Authority and the Developer hereby agree as follows: Section 1. Negotiation of Contract. The Authority and the Developer will proceed to negotiate in good faith regarding a definitive development contract regarding tile Phase I Area Park ComMons East based on the terms and conditions outlined in this Agreement. Jt is the intention of the parties that this Agreement documents their present underslanding and commitments and that if the conditions described in this Agreement can be fulfilled to the salisfaction of the Authority and the Developer, the parties will enter into a Contract. The Contract (together with anyotha agreements enll:red into between the parties hereto contmJporaneously therewith) when executed, will supersede all obligations of the parties hereunder. Notwithstanding anything to the oonmny herein, the Authority's obligation to provide any financial assistance to the Developer, and the Developer's obligation to construct any improvement<;, are sill:!ject to execution of a Contract approved by the parties' respective govaning bodies. Tbe nmes mtifv tbe tindiJu! set forth in the First Amendment to Amended and RestatEd Prelimiruuv Development A2reement dated December 6. 1999. that this .A2reement constitu/eli a "letter of intent" within the meaninl! 0[1999 Minnesota LllM. Chanter 243.. Article 10. Section 29 (the "Act''). The Authority's undet1akinl!.'l for the nU!'DOSES of the Act include without limitation use of tax increments to finance: stJ'eelscaJ)e imnrovements that serve a decorative or aesthetic nul1lO5e within Pad<. Commons East, in the Excebior Boulevard rieht ofwav betwem Monterey Drive and Quentin Avenue. and in the ril!bts 01' wav of Montorev Drive and Quentin Avenue within and adiacent to Park Commons East: acouisition and deveJonment of the tuwn l!I'ee!I: and nark and reaeation imnrovements within or servin~ Pllrl< Commons East. Section 2. Authority Agreements and Undertakinl!s. (a) The Authority accepts and approves the master site plan attached at Exhibit B, iRshHl.i.Rg as the conceptual framework for redevelopment of !he Phase I :.rea Park Commons East, subject to modifications mutually agreed by the parties. - (b) The Authority will continue its best efforts to acquire by negotiation or condemnation clear title to all remaining parcels within tile Phase I .\,rea Park Commons East, in a timely fashion to permit commencement of construction by the Developer in 2001. The Authority will conveyor otherwise make available the property in the Pkilue I Afea Park Commons East to the Developer at an agreed upon price reflecting estimated market value, except any portions designated for owner-occupied housing, and except any portions retained by the Authority for town green and public right of way purposes. (c) The Authority will continue its best efforts to identify any environmental contamination of parcels within tile PRase I Area Park Commons East; SUH132172vl SAliS-40 2 MRR-19-2002 13'37 COMMUNITY DEU 6129242663 ,P.19 . (d) The Authority will cooperate with the Developer in processing the necessary land use e and environmental approvals in a timely fashion to allow commencement of construction by the Developer in 2001. The Authority will take lead responsibility in undertaking EA W and ISP approvals for tR@ PRas. I .'.r.a Park Commons East. (e) The Authority will provide tax increment financing and other public financial assistance to pay some portion of the public r~development costs associated with development of the Paass I .'\rsa Park Commons East. The parties currently anticipate that the public redevelopment costs will include: . acquisition of all Phase I Area property . site clearing, preliminary grading, environmental work (as needed), and public infrastructure (including public streets and utilities) . construction of parking Structures . public streetscape, town green, and transit improvements, including social and recreational facilities and improvements, equipment or other items that primarily serve a decorative or aesthetic purpose . Assistance for low and moderate income housing . Other costs for which tax increment or other available public funds may be legally spent. (I) To finance the redevelopment costs described above, the Authority currently estimates that its will' have available, and will commit to me PRase I ^rsa Park ... Commons East, the following sources of funds: proceeds of its Series 1997 A and .. Series ] 997B Tax Increment Bonds, tax increment revenues from a new redevelopment tax increment financing district to be established for tile Paas. I J'.-rea Park Commons East, proceeds of a 1998 Livable Communities program grant from the Metropolitan Council, and any other revenues designated by the Authority in its discretion. Financing may be provided through issuance of bonds, "pay as you go" financing, or some combination thereof. (g) The Authority will also use its best efforts to approve a definitive Contract with the Developer by November 15, 2000. e SJB.182172vl SA285-40 3 . . . MRR-19-2002 13:37 CDMMur, I TY DEl) 6129242663 P.20 Section 3. Developer Agreements and Undertakings. (a) The Developer acknowledges and accepts the master site plan as described in Section 2(a) hereof. The Developer expressly agrees and understands that Developer will be responsible for development of the owner-occupied housing component of the master site plan will Be as\'elej'lSB by ar.etller Jlill't/,. but eXDects to select a third Darty to carn' out that component. The Authority and Developer agree to negotiate, as part of the Contract, the terms for selection of the owner-occupied housing developer (which will be sublect to Authority aDDroval) and the terms of sale of Phase I l.rea the relevant portion of Park Commons East property to that developer. }Ioll:illg ill tRiG .^.greem8at gi':es ll1e De'.'elojler a@~'olojlmeRt rigllts regafeliRg tl:ie e~Nfler O'ee\:1~iea R8usiRg somp9fleflt eT ar~y "~~\itl\erity assistaflse relateS. tRrarete. (b) The Developer will use its best efforts to complete the following tasks by the following dates: I) by August 15,2000, submit a feasibility analysis of the development including, at a minimum analysis of: ,. functionality :;. preliminary cost estimates ~ preliminary financing and gap analysis (showing the amount and form of public subsidy) )> preliminary phasing plan and related components ~ retail/office/housing mix )> suggested modifications of the master site plan, as necessary to make the plan feasible and identification of other issues, 2) by September + ~, 2000, request City to initiate any necessary comprehensive plan changes and rezonings, conditioned on the parties' mutual agreement to proceed. ;D by October ~ 1, 2000, submit to the Authority a final feasibilitv analysis that refines the analysis submitted under clause (1): and the Darties commence nel!'otiation of the Contract. 4) By December 1, 2000. submit to the Authoritv a detailed schematic design for tile Pllase I -''erea Park Commons East, including site plan, buildings, infrastructure. and preliminarv Dhasjnl!' plan; and submit preliminary plat documents and application for planning approvals (inc1udinl! Dreliminan' PUD). ~ by December. &j- 7) llj' Nevemller 15, 2000, the parties must have approved the following sm.1B2172vl >A285-40 4 MRR~19-2002 13:38 COMMUNITY DEU 6129242663 P.21 :>> 8vi8sfls8 status of retail leasing BBFRIlIitHleRts lll18 the status of and the office . component.eVTdencin!! feasibility of the development. - :>> final phasing plan ~ final financing approach )> final comprehensive Contract ~ By Jaflllary I February 15, 2000, Developer has completed design development and pricing exercise for the first Dhase, and has initiated final planning approvals Oncludinl! final PUn) for the first phase. +1 bv Mav, &t- 9) 6)' .'\]3ril I, 200 I, Developer has completed construction documents and pricing exercise for the first phase of the development; final planning approvals have been obtained; and Developer has submitted utility and building permit applications for the first phase. 8) by ~ June I, 2001, construction of utilities and earthwork for the first phase commences. 9) Fer the ln~FfJ8sas of this :\greemeRt, Ei8HlfA8neel1~~nt Qf 6f;lnstl1iGtisR Meane [bale':' grounEl ej'ls~J;'atieR? P81,Miag sf faGtings Ifr:n:melatisRs?) Bv AU2:ust 1. 2001~ belowl!round excavation of construction for buildin~ in the first Dhase commences. . Section 4. Administrative Costs. Upon execution of this Agreement, the Developer has deposited with the Authority;, funds in the amount of $25Q,QQQ 525.000, receipt of which the Authority hereby acknowledges. ~lIBh funds; and an irrevocable bank letter of credit in the amount of $225.000. in II form acceptable to the Authority and havinl! a duration at least as lon2 as the term of this Al!reement. Such funds and letter of credit will be applied as follows: (a) The $25,000 eash deposit is nonrefundable. (b) frsftl aRe after AvgllE:t la, 2QQQ, an adtlitiaHw' 1:15,999 is taereafter RsnreRuulaele el(eetlt IlRaer SeetisR 1(e) On or before September 15. 2000. the Develo\)er must deposit with the Authoritv additional cash in the amount of$25.000. tOl!ether with a substitute iuevocable bank letter of credit in the amount of $200.000 in a form acceptable to the Authority. (c) From and after Neyemeer December 15, 2000, an aElElitisRil!. $100,000 (whether cash or letter of credit) becomes nonrefundable except under Section 4(e): Drovided that if the Authority board of commissioners fails to llPDrove the Contract as presented to the board after ne20tiation bv Authority staff and the Developer. this llara2raph has no force or effect unless or until approval of the Contract bv the Authoritv board of commissioners, 5!B.182172, I SA2R:'i--40 . 5 e e e MAR-t9-2002 13:38 61292~2663 P.22 COMMUNITY DEl! (8) YreR'! ar.8 ~er JaFHIar)' 1,2901, ana adaitiellallllllQ,QQQ eeeslRes 1l8llf'enulElaele 8KIZel't URger z.erstisR 1(13). (e) Upon commencement of eSRstRlstisR 1;y May below-I!:round excavation bv AUl!ust 1,2001 in accordance with Section 3 (b)(7), up to $225,000 of the deposit will be returned to the Developer, less "Authority Costs" incurred through May AUl!.ust I, 2001. The term Authority Costs means out-of pocket-costs incurred by the Authority from and after Julv 6, 2000 for (i) the Authority's financial advisor in connection with the Authority's financial participation in redevelopment ofilie PRase I Area Park Commons East, including without limitation all costs related to modification or establishment of any tax increment financing district, (ii) the Authority's legal counsel in cOlUlection with negotiation and drafting of this Agreement, the Contract and any related agreements or documents, and any legal services related to the Authority's financial participation in redevelopment of tAe PHase I Area Park Commons East (excluding legal costs directly related to acquisition of property in tRe PHasa I ,'&8a) Park Commons East); (jii) any consultants retained in connection preparation and approval of an EA W and ISP for ~ PllaDe I l.reB P.ark Commons East; (iv) any appraiser retained by the Authority in connection with the Authority's financial participation in the redevelopment ofilie PRaGe I IlFea Park Commons East (excluding the cost of appraisals directly related to acquisition of property in ilie PRBDe I Area) Park Commons East); and (v) consultants retained by the Authority for planning, environmental review, and traffic engineering for the PRase I AFeaPark Commons East. For the purposes of this paragraph, Authority Costs are considered to be incurred if they have been paid, relate to services performed, or are payable under a contract entered into, on or before ~ AUl!ust I, 2001. At Developer's request, but no more often than monthly, the Authority will provide Developer with a written report on current and anticipated expenditures for Authority Costs, including invoices or other comparable evidence of costs incurred for the Phase I Afea Park Commons East. (f) If Developer fails to commence eeR5WYutieR 8,' H~' belowe:round cxcavation bv AUl!ust 1, 200t in accordance with Section 3(b)(7), the entire deposit is nonrefundable (except to the extent that any amounts are refundable under Section 4(g) hereof). (g) Upon tennination of this Agreement in accordance with its telTIls prior to ~ AUl!ust 1, 200 I, the Authority will return to the Developer the balance of any funds and letters of credit deposited under this section, less any amounts that are nonrefundable under the terms of this section as of the date of receipt of the notice of termination, and less any Authority Costs incurred through the date of receipt of the notice of termination. For the purposes of this paragraph, Authority Costs are considered to be incurred if they have been paid, relate to services perfonned, or are payable under a contract entered into, on or before the date ofreceipt of the notice oftennination. Section 5, Exclusive Develooment Rights. During the term of this Agreement, the Authority agrees that it will not negotiate or contract with any other party concerning the SJll-Ut2172vl ,SA28S.40 6 MRR-19-2002 13:38 COMMUN ITY DEI) 51292~2553 .P.23 . redevelopment of the PAase I :'<rea Park Commons East, other than the portion thereof to be _ developed for owner-occupied housing. The Developer shall not assign or transfer its rights . under this Agreement in full or in part, or enter into any subcontracts to perform any of its obligations hereunder, without the prior written consent of the Authority, which consent will not be unreasonably withheld. Section 6. Effect of Aoorovals. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the development of ilie PRaGe I Afea Park Commons East for any purpose other rhan as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, re7.0ning or other zoning or planning approval process of the Aulhority relative to the development of real estate Or condition of receiving grant funds. Section 7. Modifications. This Agreement may be modified and the term thereof may be extended only through written amendments hereto signed by all parties to this Agreement. Staff of the Authority shall have the authorily to agree to wrillen extensions of time to perform activities hereunder if staff believe that such extensions are reasonable and necessary. Section 8. Term of Agreement. (a) This Agreement shall be effective through . If for any reason a Contract has not been entered into by the parties within the lerm of this Agreement or any mutually approved extension thereof: this Agreement shall be null and void and neither party thereafter shall have any liability Or obligations to the other except as otherwise provided in Section 4 hereof. (b) This Agreement may be terminated by either party upon 30 days' written notice to e the other if: (i) A party fails to perform any of its obligations hereunder, and fails to CUre the default within 30 days after receipt of written notice thereof; or (ii) Contract. An impasse has been reached in the negotiation of any material term of the Upon termination under this Section 8(b), neither party thereafter shall have any liability or obligations to the other except as otherwise provided in Section 4 hereof. ec) Notwithstandinl!: anvthinl!: to the contra"" in this Section. uoon exoiration of the term of this Al!:reement or unon deIive"" bv either nam of a notice of termination under Section 8Ib). ill lieu of termination of the Al!:reement, the Authority mDV direct the Develooer to DS5i"n Its dehts and oblil!:ations under this Af!reement to anv other person or entity selected bv the Authority. The Denloner shall deliver a written assii!nment in a form reasonablv acceotable to the Authority within 30 clavs after receint of a written request from the Authority. Upon the Authoritv's reeolDt of such assil!:nmcnt, neither the Authority nor Meridian Properiies Real Estate DevelOpment LLC shall have Iiabilitv or oblil!ations to the other except as otherwise provided in Section 4 (treatinl! assilmment as the cQuivalent of termination or expiration for the DUrOOSes of that Section). If the SJH-I~21nvl SA~Ij-40 7 e e . e 11RR- t 9~2002 13 : 39 COMMUN I TY DEI) 6129242663 P.2~ Developer fails to provide such assil!nment, the Authoritv reserves the ril!ht to accent assumption bv another entity of the ril!hts and oblil!ations of the Developer under this Al!reement. and the Authoritv may withhold anv pavments otherwise due to Meridian Properties Real Estate Development LLC under Section 4 hereof until receiot of the assienment. Nothinl! in this oaral!raph will be construed to require that the Develoner assien its ril!hts to receive any navments under Section 4 to a third nartv. Section 9. Severabilitv, If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. Section 10. Notices. Notice, demand, or other communication from one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. Section II. Effective Laws. This Agreement shall be construed in accordance with the law of Minnesota. sm.1 82172v I SA285-40 8 MQp-19-2002 13:39 COMMUN ITY DEIJ 6t292~2663 .P.25 . IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly a executed in its name and behalf on or as of the date first above written, .. INAME OF ENTITY] ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By By Its President By Its Executive Director CITY OF ST. LOUIS PARK By Its Mayor By Its City Manager This redlined draft, generated by CornpareRite (TM) - The Instant Redliner, shows the differences between _ a original document : J:\DMS\SJB\3WKCOl i.DOC .. and revised document: J:\DMS\SJB\3WKC02'.OOC CompareRite found 69 change(s) in the rext Deletions appear as Overstrike text Additions appear as Bold+Obl Underline text $JI).182172v! SA28S.40 9 e TOTQL P. 25 MAR-I 9-2002 13:35 COMMUN I TY DEl) 5129242553 P.08 e SECOND AMENDMENT TO AMENDED AND REST A TED PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this -2tb... day of July, 2000, by and between the ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTIlORlTY, a public body politic and corporate, and the CITY OF ST. LOUIS PARK. a Minnesota municipal corporation (collectively referred to as the "Authority") with their principal office at 5005 Minnetonka Boulevard, St. Louis Park, Minnesota 55416 and MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC, a Minnesota limited liability company (the "Developer") with its principal office at 6385 Old Shady Oak Road, Suite 120, Eden Prairie, MN 55344. WlTNESSETH: WHEREAS, the Authority desires to promote redevelopment of certain property known as Phase I of the Park Commons Redevelopment Area (referred to as "Park Commons East"; formerly known as the "Phase I Area") in the city of 51. Louis Park ("City"), which property is depicted in exhibit A attached hereto; and WHEREAS, the Authority and AvalonBay Communities, Inc. ("AvalonBay") entered into an Amended and Restated Preliminary Development Agreement dated August 30, 1999, as amended by a First Amendment thereto dated December 6, 1999 (the "Agreement") in connection with redevelopment of Park Commons East; and e WHEREAS, pursuant to the initial Agreement, the Authority has acquired most of the parcels of Park Commons East, is currently negotiating to acquire the remaining parcels, has prepared a preliminary analysis of public financing resources available to assist the Developer, and has commenced demolition of existing buildings on a portion of Park Commons East; and WHEREAS, pursuant to the initial Agreement, AvalonBay submitted to the Authority a master site plan, attached as exhibit B, for redevelopment of Park Commons East; and WHEREAS, with the consent of the Authority and the City, AvalonBay has assigned all its rights and obligations under the Agreement to the Developer pursuant to that certain Assignment of Preliminary Development Agreement dated ..:1"1//.-1{ I... ,2000; and WHEREAS, the parties now desire to amend and restate the Agreement in order to describe their respective responsibilities as they continue to negotiate in good faith toward a definitive agreement regarding Park Commons East; and WHEREAS, the Authority has detennined that it is in the Authority's best interest to designate the Developer (as successor to A valonBay) as the sole developer of Park Conunons East during the term oflhis Agreement; e SlB.t&2112vJ SA285-40 1 MRR-19-2002 13:35 COMMUNITY DEl) 5129242553 P.09 NOW, THEREFORE, in consideration of the covenants and obligations of the parties hereto, the Authority and the Developer hereby agree as follows: e Section I. Ne~otiation of Contract. The Authority and the Developer will proceed to negotiate in good faith regarding a definitive development contract regarding Park Commons East based on the tenns and conditions outlined in this Agreement. It is the intention of the parties that this Agreement documents their present understanding and conunitments and that if the conditions described in this Agreement can be fulfilled to the satisfaction of the Authority and the Developer, the parties will enter into a Contract. The Contract (together with any other agreements entered into between the parties hereto contemporaneously therewith) when executed, will supersede all obligations of the parties hereunder. Notwithstanding anything to the contrary herein, the Authority's obligation to provide any financial assistance to the Developer, and the Developer's obligation to construct any improvements, are subject to execution of a Contract approved by the parties' respective governing bodies. The parties ratify the finding set forth in the First Amendment to Amended and Restated Preliminary Development Agreement dated December 6, 1999, that this Agreement constitutes a "letter of intent" within the meaning of 1999 Minnesota Laws, Chapter 243, Article 10, Section 29 (the "Act''). The Authority's undertakings for the purposes of the Act include without liniitation use of tax increments to finance: streetscape improvements that serve a decorative or aesthetic pwpose within Park Commons East, in the Excelsior Boulevard right of way between Monterey Drive and Quentin Avenue, and in the rights of way of Monterey Drive and Quentin Avenue within and adjacent to Park Commons East; acquisition and development of the town green; and park and recreation improvemen.ts within or serving Park Commons East. e Section 2. Authority AlZI'eements and Undertakings. (a) The Authority accepts and approves the master site plan attached as Exhibit B as the conceptual framework for redevelopment of Park Commons East, subject to modifications mutually agreed by the parties. (b) The Authority will continue its best efforts to acquire by negotiation or condemnation clear title to all remaining parcels within Park Conunons East, in a timely fashion to permit commencement of construction by the Developer in 2001. The Authority will conveyor otherwise make available the property in Park Commons East to the Developer at an agreed upon price reflecting estimated market value, except any portions retained by the Authority for lown green and public right of way purposes. (c) The Authority will continLle its best efforts to identify any envirorunental contamination of parcels within Park Commons East; (d) The Authority will cooperate with the Developer in processing the necessary land use and environmental approvals in a timely fashion to allow commencement of construction by the Developer in 2001. The Authority will take lead responsibility in undertaking EA W and ISP approvals, comprehensive plan amendments, and rezonings for Park Commons East. e SID.182l72v) SA28S-4() 2 e e e MRR-19~2002 t3:35 5129242553 P.IO COMMUNITY DEU (e) The Authority will provide tax increment financing and other public financial assistance to pay some portion of the public redevelopment costs associated with development of Park Commons East. The parties currently anticipate that the public redevelopment costs will include: . acquisition of all Phase I Area property . site clearing, preliminary grading, environmental work (as needed), and public infrastructure (including public streets and utilities) . construction of parking structures . public streetscape, town green, and transit improvements, including social and recreational facilities and improvements, equipment or other items that primarily serve a decorative or aesthetic purpose . Assistance for low and moderate income housing . Other costs for which tax increment or other available public funds may be legally spent. (f) To finance the redevelopment costs described above, the Authority currently estimates that its will have available, and will commit to Park Commons East, the following sources of funds: proceeds of its Series 1997 A and Series 1997B Tax Increment Bonds, tax increment revenues from a new redevelopment tax increment financing district to be established for Park Commons East, proceeds of a 1998 Livable Communities program grant from the Metropolitan Council, and any other revenues designated by the Authority in its discretion. Financing may be provided through issuance of bonds, "pay as you go" financing, or some combination thereof. (g) The Authority will provide to Developer all documents and information on file in the City related to Park Commons East, including without limitation environmental analysis and previous financial analysis. (h) The Authority represents to Developer that there are,no outstanding claims against or liabilities of Developer arising under the Agreement prior to the date of this second amendment thereto. (i) The Authority will use its best efforts to approve a definitive Contract with the Developer by December 18, 2000. Section 3. Develoner Al1:I'eements and UndertakinlZS. (a) The Developer acknowledges and accepts the master site plan as described in Section 2(a) hereof, subject to the terms of Section (b)(l) hereof. The Developer expressly agrees and understands that Developer will be responsible for development of the owner-occupied housing component of the master site plan, but expects to select a third party, approved by the Authority, to carry out that component. The Authority and Developer agree to negotiate, as part of the Contract, the tenus for selection of the SJ1l.182172v) SA.l.8~-4Q 3 MAR-Ig-2002 13:35 CO~IMUN ITY DEU 512g242553 P. II owner-occupied housing developer and the terms of sale of the relevant portion of a Park Commons East property to that developer. _ (b) The Developer will use its best efforts to complete the following tasks by the following dates: 1) by August IS, 2000, submit a preliminary feasibility analysis of the development including, at a minimum analysis of: )> functionality )> preliminary cost estimates ~ preliminary fInancing approach and gap analysis (showing the amount and form of public subsidy) )> preliminary phasing plan and related components )> retail/officelhousing mix )> suggested modifications of the master site plan, as necessary to make the plan feasible and identification of other issues. 2) by September I, 2000, request City to initiate any necessary comprehensive plan changes and rezonings, conditioned on the parties' mutual agreement to proceed. 3) by October 2,2000, submit to the Authority a final feasibility analysis that refines the analysis submitted under clause (1); and the parties commence negotiation of the Contract. tit 4) By December I, 2000, submit to the Authority a detailed schematic design for Park Commons East, including site plan, buildings, infrastructure, and preliminary phasing plan; and submit preliminary plat documents and application for planning approvals (including preliminary PUD). 5) by December 18, 2000, the parties must have approved the following )> status of retail leasing and the office component, indicating feasibility of the development. )> final phasing plan )> financing approach ~ final comprehensive Contract 6) By February 15, 2001, Developer has completed design development and pricing exercise for the fIrst phase of the Park Commons East development, and has initiated final planning approvals (including fiml PUD) for the first phase. 7) by May I, 2001, Developer has completed construction documents and pricing exercise for the first phase of the development; final planning approvals have been obtained; and Developer has submitted utility and building permit applications for the first phase. . sm.182112v) SA2S,-40 4 e e e MAR-19-2002 13:36 COMMUN IT,( DEU 61292~2663 P.12 8) by June 1, 2001, construction of utilities and streets for the first phase corrunences. 9) By August 1. 2001, belowground excavation for construction of buildings in the first phase commences. Section 4. Administrative Costs. Upon execution of this Agreement, the Developer has deposited with the Authority: funds in the amount of $25,000, receipt of which the Authority hereby acknowledges; and an irrevocable bank letter of credit in the amount of $225,000, in a fonn reasonably acceptable to the Authority and having a duration, including renewals through at least August 2, 2001. Such funds and letter of credit will be applied as follows: (a) The $25,000 cash deposit is nonrefundable. (b) From and after September 15,2000, an additional $25,000 becomes nonrefundable except under Section 4(d). Further, on or before September 15,2000, the Developer must deposit with the Authority cash in the amount of $25,000, together with a substitute irrevocable bank lener of credit in the amount of $200,000 in a form reasonably acceptable to the Authority. (c) From and after December 18, 2000, an additional $100,000 (whether cash or letter of credit) becomes nonrefundable except under Section 4(d); provided that if the Authority board of commissioners fails to approve the Contract as presented to the board after negotiation by Authority staff and the Developer, this paragraph has no force or effect unless or until approval of the Contract by the Authority board of commissioners. (d) Upon commencement of below-ground excavation by August 1, 2001 in accordance with Section 3(b)(9), up to $225,000 of the deposit will be returned to the Developer, less "Authority Costs" incurred through August 1, 2001. The term Authority Costs means out-of pocket-costs incurred by the Authority from and after July 6, 2000 for (i) the Authority's financial advisor in connection with the Authority's financial participation in redevelopment of Park Commons East, including without limitation all costs related to modification or establishment of any tax increment fmancing district, (ii) the Authority's legal counsel in connection with negotiation and drafting Oflhis Agreement, the Contract and any related agreements or documents, and any legal services related to the Authority's financial participation in redevelopment of Park Commons East (excluding legal costs directly related to acquisition of property in Park Commons East); (iii) any consultants retained in connection with the preparation and approval of an EA W and ISP or amendments thereof for Park Conunons East; (iv) any appraiser retained by the Authority in cOlUlection with the Authority's financial participation in the redevelopment of Park Conunons East (excluding the cost of appraisals directly related to acquisition of property in Park Commons East); and (v) consultants retained by the Authority for planning, environmental review, and traffic S)8.182172v) SA2SS-40 5 MAR-19-2002 13:36 COMMUN I TY DEU 61292~2663 P.13 . engineering for ParkCorrunons East. For the purposes of this paragraph, Authority a Costs are considered to be incurred if they have been paid, relate to services _ performed, or are payable under a contract entered into, on or before August I, 2001. At Developer's request, but no more often than monthly, the Authority will provide Developer with a written report on current and anticipated expenditures for Authority Costs, including invoices or other comparable evidence of costs incurred . for Park Commons East. (e) If Developer fails to commence belowground excavation by August I, 2001 in accordance with Section 3(b )(9), the entire deposit is nonrefundable (except to the extent that any amounts are refundable under Section 4(f) hereof), provided that the parties agree and understand that they may negotiate terms for refund of the deposit to be specified in the Contract. (f) Upon termination of this Agreement in accordance with its terms prior to August I, 2001, the Authority will return to the Developer the balance of any funds and letters of credit deposited under this section, less any amounts that are nonrefundable under the terms of this section as of the date of receipt of the notice of temtination, and less any Authority Costs incurred through the date of receipt of the notice of termination. For the purposes of this paragraph, Authority Costs are considered to be incurred if they have been paid, relate to services performed, or are payable under a contract entered into, on or before the date of receipt of the notice of termination. The Authority agrees that it will promptly terminate any contract for Authori ty Costs (except as provided below) upon receipt of the notice of termination, and Authority Costs include amounts payable under the terms of such terminated contract, including without limitation costs payable prior to termination and any damages or other amounts payable in connection with the tennination. If the Authority elects not to terminate the contract, Authority Costs will include only amounts that would be payable to the contracting party if the contract were terminated. e (g) The Authority may draw on any letter of credit provided under this section: (1) as needed to pay Authority Costs, (2) upon Developer's failure to provide a renewed or substitute letter of credit as required under this section; and (3) upon the circumstance described in Section 4(e). Section 5. Exclusive Develooment Ri2hts. During the term of this Agreement, the Authority agrees that it will not negotiate or contract with any other party concerning the redevelopment of Park Commons East. The Developer shall not assign or transfer its rights under this Agreement in full or in part without the prior written consent of the Authority, which consent will not be unreasonably withheld. Section 6. Effect of Aoprovals, No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the development of Park Commons East for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, SJ8.\52172v, SA28S-4Q e 6 e e e MAR-t9~2002 13:36 6129242663 P.14 COMMUNITY DE\) vacation, subdivision, rezoning or other zoning or planning approval process of the Authority relative to the development of real estate or condition ofreceiving grant funds. Section 7. Modifications. This Agreement may be modified and the term thereof may be extended only through written amendments hereto signed by all parties to this Agreement. Staff of the Authority shall have the authority to agree to written extensions of time to perform activities hereunder if staff believe that such extensions are reasonable and necessary. Section 8. Term of A~eernent. (a) This Agreement shall be effective through December 31,2000. If for any reason a Contract has not been entered into by the parties within the term of this Agreement or any mutually approved extension thereof, this Agreement shall be null and void and neither party thereafter shall have any liability or obligations to the other except as otherwise provided in Section 4 hereof. (b) This Agreement may be terminated by either party upon 30 days' written notice to the other if: (i) A party fails to perform any of its obligations hereunder, and fails to cure the default within 30 days after receipt of written notice thereof; or (ii) An impasse has been reached in the negotiation of any material term of the Contract. Upon termination under this Section 8(b), neither party thereafter shall have any liability or obligations to the other except as otherwise provided in Section 4 hereof. (c) Notwithstanding anything to the contrary in this Section, upon expiration of the term of this Agreement or upon delivery by either party of a notice of termination under Section 8(b), in lieu of termination of the Agreement, the Authority may direct the Developer to assign its rights and obligations under this Agreement to any other person or entity selected by the Authority. The Developer shall deliver a written assigrunent in a form reasonably acceptable to the Authority within 30 days after receipt of a written request from the Authority. Upon the Authority's receipt of such assigrunent, neither the Authority nor Meridian Properties Real Estate Development LLC shall have liability or obligations to the other except as otherwise provided in Section 4 (treating assigrunent as the equivalent of termination or expiration for the purposes of that Section). If the Developer fails to provide such assigrunent, the Authority reserves the right to accept asswnption by another entity of the rights and obligations of the Developer under this Agreement, and the Authority may withhold any payments otherwise due to Meridian Properties Real Estate Development LLC under Section 4 hereof until receipt of the assignment. Nothing in this paragraph will be construed to require that the Developer assign its rights to receive any payments under Section 4 to a third party. sm.IUl72vl SAlg5~ 7 MRR~19~2002 13:37 COMMUN ITY DEU 6129242663 p.IS Section 9. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this ... Agreement. ... Section 10. Notices. Notice, demand, or other communication from one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. Section 11. Effective Laws. This Agreement shall be construed in accordance with the law of Minnesota. SI6-182172v3 SA285-40 8 e e e . . ~1AR~19"2002 13:37 COMMUN IT!' DEl) 6129242663 P.16 IN WITNESS \\-lIEREOF, the Authority has caused this Agreement to be duly ex.ecuted in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. IAN PROPERTIES TATE DEVELOPMENT LLC ~.' SJ1l.1&2\12vl SI'.2&5.4Q . J J. y.. Li I tl- c...' .1._ ~ 7;'-' c...s ED~ ST. LOUIS PARK ECONOMIC DE~MENT AUTHORITY By ItsP~ cf-~ CITY 0 T. LOUIS PARK 9 MAR-t9-2002 13:3~ COMMUNITY DEI) 51292~2553 THIRD AMENDMENT TO AMENDED AND RESTATED PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this 20th day of November. 2000, by and between the ST. LOUIS PARK ECONOM1C DEVELOPMENT AUTHORITY, a public body politic and corporate, and the CITY OF sr. LOurS PARK, a Minnesota municipal corporation (cOllectively referred toas the "Authority") with their principal office at 5005 Minnetonka Boulevard, 51. Louis Park, Minnesota 55416 and MERIDIAN PROPERTIES REAL ESTATE DEVELOPMENT LLC, a Minnesota limited liability company (the "Developer") with its principal office at 6385 Old Shady Oak Road, Suite 120, Eden Prairie, MN 55344. WITNESSETH: WHEREAS, the Authority desires to promote redevelopment of certain property known as Phase I of the Park Commons Redevelopment Area (referred to as "Park Commons East"; fOlll1erly known as the "Phase I Area") in the city of St. Louis Park ("City"); and 'WHEREAS, the Authority and AvalonBay Communities, Inc. ("AvalonBay") entered into an Amended and Restated Preliminary Development Agreement dated August 30, 1999, as amended by a First Amendment thereto dated December 6, 1999 (the "Agreement") in connection with redevelopment of Park Commons East; and 'WHEREAS, pursuant to the initial Agreement, the Authority has acquired most of the parcels of Park Commons East, is currently negotiating to acquire the remaining parcels, has prepared a preliminary analysis of public financing resources available to assist the Developer, and has commenced demolition of existing buildings on a portion of Park Commons East; and WHEREAS, with the consent of the Authority and the City, AvalonBay has assigned all its rights and obligations under the Agreement to the Developer pursuant to that certain Assignment of Preliminary Development Agreement dated July 6, 2000; and 'WHEREAS, the parties entered into a Second Amendment to Amended and Restated Preliminary Development Agreement dated July 6, 2000; and WHEREAS, the parties now desire to amend the Agreement further, as described in this document. NOW, THEREFORE, in consideration of the covenants and obligations of the parties hereto, the Authority and the Developer hereby agree as follows: F?04 e . . e . e r~AR- t 9~ 20[Q 13: 35 COMMUNITY DEl) 6129242663 P.05 I. The parties agree and understand that the master site plan attached as Exhibit B to this document is substituted as the master site plan referenced in Section 2(a) of the Agreement. 2. Section 3 of the Agreement is modified to read as follows: Section 3. Developer Agreements and Undertakings. (a) The Developer acknowledges and accepts the master site plan as described in Section 2(a) hereof, subject to the terms of Section (b)(l) hereof. The Developer expressly agrees and understands that Developer will be responsible for development of the owner-occupied housing component of [he master site plan, but expects to select a third party, approved by the Authority, to carry out that component. The Authority and Developer agree to negotiate, as part of the Contract, the terms for selection of the owner-occupied housing developer and the terms of sale of the relevant portion of Park Commons East property to that developer. (b) The Developer will use its best efforts to complete the following tasks by the following dates: I) by August 15, 2000, submit a preliminary feasibility analysis of the development including, at a minimum analysis of: )0 functionality )0 preliminary cost estimates )0 preliminary fmancing approach and gap analysis (showing the amount and form of public subsidy) )0 preliminary phasing plan and related components )0 retaillofficefhousmg mix )0 suggested modifications of the master site plan, as necessary to make the plan feasible and identification of other issues. 2) by September 1, 2000, request City to initiate any necessary comprehensive plan changes and rezonings, conditioned on the parties' mutual agreement to proceed. 3) by October 2, 2000, submit to the Authority a final feasibility analysis that refines the analysis submitted under clause (1); and the parties commence negotiation of the Contract. 4) by December 1, 2000, submit to the Authority a detailed schematic design for Park Commons East, including site plan, buildings, and preliminary phasing plan. 5) by December 18, 2000, the parties must have approved the following: )> status of retail leasing and the office component, indicating feasibility of the development. MAR-19-2002 13:35 CDMMUN ITY DEU 5129242553 ) final phasing plan )> financing approach 6) by January 16, 2001, submit to the Authority preliminary plat documents and applications for planning approvals, including preliminary PUD; and the parties must have approved the final comprehensive Contract. 7) by February 15, 2001, Developer has completed design development and pricing exercise for the Phases 1 and 2 (as identified on Exhibit B) of the Park Commons East development, 8) by April 2, 2001, Developer has initiated final planning approvals (including final PUD) for Phase I, the town green, and all streets and utilities for the Park Commons East development. . 9) by May 14, 2001, Developer has completed construction documents and pricing exercise for Phases 1 and 2 of the development; final planning approvals have been obtained for Phase I, the town green and all streets and utilities for the Park Commons East development; and Developer has submitted utility and building pennit applications for Phase 1. 10) by June 1, 200 I, construction of utilities and streets for the first phase commences. ll)by August 1,2001, below ground excavation for construction of buildings in the first phase commences. 3. In Section 4(c) of the Agreement, the date "December 18, 2000" is changed to "January 16,2001" (which extends the date by which an additional $100,000 in cash or letter of credit becomes non-refundable, subject to the terms described in Section 4). 4. In Section 8 of the Agreement, the date "December 31, 2000". is changed to "January 31, 2001 (which extends the term of the Agreement). 5. The Agreement remains in full force and effect and is not modified except as expressly provided herein. ~.05 . . . . e . e MAR-19~2002 13:35 COMMUN I TY DEU 6129242663 P.O? IN WITNESS WHEREOF, the Authority has caused this Agre~m~nt to be duly executed in its name and b~balf and the Developer has caused this Agreem~nt to be duly executed in its name and behalf on or as of the date first above written. MERIDIAN PROPERTIES REAL TATEDEVELOPMENTLLC ST. LOUIS PARK ECONOMIC DEVELOPMENT' UTHORITY ( . . . Mar.19 2002 12 32PM No 2730 p. 1/20 CONTRACT FOR EXCLUSIVE NEGOTIATIONS AND CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NEW BRIGHTON, MINNESOTA AND RYAN COMPANIES US, INC. January 1, 2002 This document was drafted by: Fredrikson & Byron, P.A. (CFD) 1100 International Centre 900 Second Avenue South Minneapolis, MN 55402 and Krass Monroe, P.A (JRC) Suite 1100 Southpoint Office Center 1650 West 82"d Street Minneapolis, MN 55431 P08t.ite Fax Note To Co.lDept Phone _ Fax . r-flJ7 Co. Pl10ne # fl!lxlt ~. M3I 19 20021231PM No.1730 P 1/10 1 TABLE OF CONTENTS . Pa~e RECITALS ........ ........I ARTICLE I. DEFINITIONS, EXHIBITS AND RULES OF INTERPRETATION ............. 2 Sectionl.1 Definitions ..............................................................,............................................. 2 Section 1.2 Exhibits........ .............. ........................... ......... ......... ............................................. 2 Section 1.3 Rules of Interpretation....................................................................................... 3 ARTICLE II. REPRESENTATIONS.............................................,....................................... 3 Section 2.1 Representations by the Redeveloper....................................,............................ 3 Section 2.2 Representations by City .....................................................................................3 Section 2.3 Survival of Representations............................................................................. 4 ARTICLE III. RYAN'S REDEVELOPMENT SERVICES................................................ 4 Section 3.1 Consulting Services ........................"................ ..................................................4 Section 3.2 Ryan Fees ...........................................................................................................4 ARTICLE IV. OBLIGATIONS OF CITy........................................................................,.... 4 Section 4.1 City Obligations and Undertakings ..........................................................,..... 4 Section 4.2 Discretionary Actions....................................................................................,...5 ARTICLE v. PHASED DEVELOPMENT ..........................................................................6 . ARTICLE VI. DEVELOPMENT AGREEMENTS ................................................................. 6 Section 6.1 Development Agreement Criteria ..................................................................... 6 Section 6.2 Use of Work Product........................................................................................8 ARTICLE VII. TERM OF AGREEMENT .......................................................................... 8 ARTICLE VIII. RYAN FEES .................................................................................................... 8 Section 8.1 Reimbnrsement ofthe Ryan Fees ..................................................................... 8 Section 8.2 Payment Procedure ............................................. .......,.......,............................. 9 Section 8.3 Consideration for Exclusivity......:..................................................................... 9 Section 8.4 Survival....... '" ...... .................. ..... ..................... ................ ................ .......... ......... 9 ARTICLE IX. EVENTS OFDEFAULT.............................................................................. 9 Section 9.1 Default ................................................................................................................. 9 Section 9.2 Remedies on Default......................................................................................... 10 Section 9.3 Attorney's Fees....,.. .......... ........ .......... ........... .................. ...... ....10 Section 9.4 Limitation on Redeveloper Remedies on Default...........".... ............ .....11 ARTICLE X. ADDITIONAL PROVISIONS.........................................................................- 11 Section 10.1 Con.6ict ofInterests; Authority Representatives Not Individually Liable 11 Section 10.2 Approvals ...............................,.............................. ........................................ 11 Section 10.3 Notices and Demands .................................................................................. 11 . r . . . Ii a r 19 1 U 0 2 12 32PM No.2730 p. 3/20 Section 10.4 Counterparts. Section 10.5 Binding Effect; Assignment.. 12 ............12 EXHIBIT A DESCRIPTION.................... .......................... ..................................................... 15 EXHIBIT B SCHEDULE OF CITY WORK............................................................... 177 lJ Ma r I'J 1 I] I] 2 12 3 2 PI~ 1 No,173J p. 4/20 CONTRACT FOR EXCLUSIVE NEGOTIATIONS AND CONSULTING AGREEMENT BY AND BETWEEN THE CITY OF NEW BRIGHTON, MINNESOTA AND RY AN COMPANIES US, INC. e This Contract for Exclu.sive Negotiations and Consulting Agreement'made as of the 1st day of January, 2002, by and between the City of New Brighton, Minnesota, a public body corporate and polItic (the "City"), having its principal office at 803 Old Highway 8 NW, New Brighton, Minnesota 55112-2792, and Ryan Companies US, Inc., a Minnesota corporation ("Ryan"), having its principal offices at 700 International Centre, 900 Second Avenue South, Minneapolis, Minnesota 55402-3387. RECITALS The Redevelopment Property, described on attached Exhibit A, is an underutilized and inappropriately developed site. The City's objective is to facilitate a well-planned development of the Redevelopment Property through a coordinated and integrated development strategy which will take advantage of the unique characteristics of the Redevelopment Property. Planning the Redevelopment Property as a comprehensive district, the City will develop it as a high-profile regional center compatible with surrounding land uses, including the new downtown projects and Long Lake Regional Park. The development will minimize additional truck traffic . to the Old Highway 8 Corridor, while at the same time bringing an increased vjsibility and aesthetic value to the Redevelopment Property and the City. In an effort to mitigate the adver~e impact of the Redevelopment Property and to preserve and enhance the value and tax base of the Redevelopment Property and of the City, the City anticipates that a number of actions will be called for, including the acquisition of the existing commercial businesses within the Redevelopment Property and the redevelopment of the Redevelopment Property as a high 'density, mixed use development to include commercial and residential development, including, but not limited to, office buildings, office/warehouse, office/showroom, light industrial, restaurants, retail, townhouses and structured parking. The purpose of this Agreement is (i) to designate Ryan as a redevelopment consultant to the City and (ii) for the City to negotiate exclusively with Ryan as hereinafter provided and (iii) to set forth the scope of sefVJces to be provided by Ryan and the actions to be undertaken by the City in the planning and the implementation of the redevelopment of the Redevelopment Property. NOW, THEREFORE, in consideration of the premises and mutual obligation of the partIes hereto, each of them does hereby covenant and agree with the other as follows: e 1 . . . I/a 119 2 OJ 2 i 2 32PM No,2730 P 5/20 ARTICLE I DEFINITIONS, EXHIBITS AND RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes Chapter 469. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. . "City" means the City of New Brighton, Minnesota. "Concept Plans" means the plans, drawings and narrative descriptions for the improvements. "County" means the County of Ramsey. "Event of Default" means an action or failure to act by the parties listed in Section 9. I of this Agreement. "Minimum Redevelopment Property" means that portion of the Redevelopment Property known as the Mengelkoch Property and the Mid-West Asphalt Property as shown on the attached Exhibit A. "Ryan" means Ryan Companies .uS, Inc. and its permitted successors and assigns. "Redeveloper" means Ryan Companies US, Inc. and its permitted successors and assigns. "Redevelopment Property" or "Property" means the real property described and shown on attached Exhibit A. "State" means the State of Minnesota. "Unavoidable Delays" means any delay which is beyond the reasonable control of the party claiming its occurrence, including without limitation those delays which are the direct result of strikes, other labor troubles, labor shortages, unavailability or delay in receiving materials, unusually severe or prolonged bad weather, Acts of God, fire or other casualty, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit which directly result in delays. Section 1.2 Exhibits. Exhibit A (Redevelopment Property Description/Site Plan) and Exhibit B (Schedule of City Work) are attached to and made a part of this Agreement. 2 Mar ]9 2m 1232PM No.2)30 P, 6/20 Section 1.3 Rules of Interpretation. . (a) This Agreement shaJl be interpreted in accordance with and governed by the laws of the State of Minnesota; (b) The words "herein" and "hereof' and words of similar importance, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof; . (c) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II REPRESENT A TIONS Section 2.1 Representations bv the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a corporation organized and in good standing under the laws of the State of Minnesota, is not III violation of any provisions of its articles of incorporation and bylaws or the laws of said State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action ofthe board of directors. . (b) There are no pending or threatened legal proceedings of which the Redeveloper is aware which, if successful, would threaten the economic viability of the Redeveloper or the validity or enforceability of this Agreement or which would restrain or enjoin the'transactions contemplated by this Agreement. (c) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results III a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. Section 2.2 Representations bv City The City represents and warrants that: (a) The City is a public body corporate and politic with all the powers of a city duly organiz:ed and existing under the laws of the State of Minnesota. The City has the pDwer to enter into this Agreement and carry out its obligations hereunder and has . 3 . . . ~/ a r ] 3 20 0 2 1 2 . 3 2 ) 'v: No 1730 J. 7/10 duly authorized the execution, delivery and performance of this Agreement by action of its City CO\Ulcil. (b) The City shall use reasonable efforts to obtain all federal, state, and regional land use, environmental or other regulatory approvals necessary to implement the redevelopment of the Redevelopment Property. (c) There are no pending or threatened legal proceedings of which the City is aware which, if successful, would threaten the economic viability of the City or the validity or enforceability of this Agreement or which would restrain or enjoin the transactions contemplated by this Agreement. Section 2.3 Survival of Representations. All of the foregoing representations and warranties shall survive the termination of this Agreement. ARTICLE III THE REDEVELOPER'S REDEVELOPMENT SERVICES Redeveloper shall provide the following services to the City, subject to Article VIII hereof: Section 3.1 Consultinl! Services. Redeveloper shall consult with the City in the City's efforts to obtain all federal, state, and regional land use, environmental and other regulatory approvals necessary to implement the redevelopment of the Redevelopment Property. Redeveloper's consulting services shall be provided until such date it is apparent that Redeveloper will be entitled to reimbursement of the Ryan Fees pursuant to Article VIII hereof. Section 3.2 Rvsn Fees. Redeveloper, with approval by the City both as to specific third party vendors and their budgets,' shall retain engineering and other professional services necessary to prepare an engineering feasibility and AUAR for the Redeveloper's proposed redevelopment of the Redevelopment Property and pay all out-of-pocket expenses related thereto (the "Ryan Fees"). Notwithstanding anything to the contrary in this Agreement, Redeveloper shall not be reimbursed Ryan Fees in excess of the lesser of Two HlUldred Thousand Dollars ($200,000) and the amolUlt reasonably approved in writing by the City. ARTICLE IV OBLIGATIONS OF CITY Section 4.1 City Oblieatioos and Uodertakines. The City agrees as follows: (a) Subject to Section 4.2, the City shall take reasonable steps consistent with its statutory authority to initiate and complete or cause to have completed on a timely 4 Ma: I'J 2002 i 2 33 PM No 2730 p. 8/20 basis all necessary and appropnate governmental actions needed to redevelop the . Redevelopment Property, including, but not limited to, those actions needed to: amend the City's comprehensive plan and the zoning codes; acquire the Redevelopment Property; remediate adverse environmental conditions on the Redevelopment Property; obtain funds for acquisition of the Redevelopment Property, environmental remediation and redevelopment; provide public financing; and enter into redevelopmerll agreements for the planned redevelopment within the Redevelopment Property. (b) The City shall (i) have the sole obligation and responsibility for the redevelopment of the Redevelopment Property, (ii) enter into contracts for private redevelopment, (iii) obtain financial assistance from federal, state, regional and local authorities to redevelop the Redevelopment Property, and (iv) detennine whether, and to what extent financial or site assembly assistance, including authorizing the use of eminent domain, will be necessary to induce redevelopment of the Redevelopment Property. (c) The City shall select, direct and pay for fiscaVtax increment financing consultants, appraisers, relocation specialists and attorneys regarding the redevelopment of the Redevelopment Property. (d) Provided that there are available resources, the City intends to acquire all of the Redevelopment Property by private purchase or eminent domain. . (e) The City may allocate available tax increment to assist particular developments within the Redevelopment Property in a manner which it deems appropriate to promote the fullest development of the entire Redevelopment Property. Section 4.2 Discretionary ActioDS. The Redeveloper acknowledges that many of the actions to be taken by the City described in this Article and this Agreement call for the City to act in its reasonable discretion or to' exercise ils legislative judgment. Such actions may only be made following procedures established by the City as of the date hereof. The Redeveloper further acknowledges that under existing law, the City may not commit hereunder to make any specific decisions on future legislative or discretionary questions or decisions. . 5 . . . Ma r 19 2002 12 33PM No.27DO F 9/20 ARTICLE V PHASED DEVELOPMENT The Redeveloper and the City acknowledge that the Redevelopment Property may be redeveloped in non-contiguous phases over a number of years. The redevelopment of the Redevelopment Property, including the scope, nature and location of phased redevelopment, will be subject to such priorities as the City, in its reasonable judgment, deems 'consistent with the master plan and market conditions, taking into consideration the following variables: timing; geographic areas within the Redevelopment Property; the scope of necessary improvements; and the type of development to lake place (for example, residential, commercial, or industrial). As a result of the phased redevelopment of the Redevelopment Property, the City anticipates that it will enter into a redevelopment agreement for the Redevelopment Property with the Redeveloper which may provide for separate redevelopment agreements with the Redeveloper for certain phases of redevelopment of the Redevelopment Property. The terms and conditions of such redevelopment contracts shall be subject to the provisions of this Agreement and the mutual agreement of the Redeveloper and the City. ARTICLE VI DEVELOPMENT AGREEMENTS Section 6.1 Redevelopment Contract(s) Criteria. The City and the Redeveloper have entered into this Agreement with the understandmg that they anticipate executing a contract for private redevelopment for the Redevelopment Property. The City agrees that as an inducement to the Redeveloper to enter into this Agreement and.as part of the consideration for the services provided by Redeveloper to the City prior to this Agreement and pursuant to this Agreement, the City agrees that during the term of this Agreement, Redeveloper shall have the exclusive right to enter into a redevelopment agreement with the City for the redevelopment of the Redevelopment Property. During the term of this Agreement the City shall not negotiate with any other party for the redevelopment of a]1 or any portion of the Redevelopment Property. If the Redeveloper and the City determine that they want to enter into separate redevelopment agreements for certain phases of the redevelopment of the Redevelopment Property, then the redevelopment agreement entered into between the City and the Redeveloper, to the extent it excludes a portion of the Redevelopment Property (the "Excluded Redevelopment Property"), shall include a provision extending the Redeveloper's exclusive right to enter into redevelopment agreement(s) with the City for the Excluded Redevelopment Property. The redevelopment agreement(s) will include all of the terms and conditions for the redevelopment of the Redevelopment Property and it will be necessary for the Redeveloper and the City to address, among others, the following issues: (a) Type, quantity and quality of the minimum improvements to the Redevelopment Property. 6 Mar 19 20J21233PM (b) No.2730 P 10/20 Timing of the acquisltion by the City and Redeveloper of parcels for various phases of the Redevelopment Property. e (c) Timing of construction of the minimum improvements of the intended phases or portions ofth.e phases of the Redevelopment Property. (d) Payment by the Redeveloper for the Redevelopment Property. (e) Mlllimum requirements for the construction of the minimum improvements on each phase or portion of a phase which may include square footage and/or market valuation to allow the Redeveloper to continue its exclusivity in redeveloping the Redevelopment Property. (f) Use and duration of minimum assessment agreements. (g) Timing and payment for public improvements including the use of special assessments. (h) Responsibility for the application of grants particularly from the State and Metropolitan Council. (i) Responsibility, cost and timing of soil correction. (j) (k) Responsibility, cost and timing of pollution abatement. . Redeveloper's use of third parties to either redevelop portions of the Redevelopment Property or conslruct part of the minimum improvements. (1) Issuance of tax increment bonds for the acquisition, environmental remediation and the redevelopment of the Redevelopment Property. , (m) Miscellaneous issues including but not limited to: I. 2. 3. 4 5. 6. 7. 8. 9. 10. II. 12. 13. assignability subordination security including rights of reverter representations and warranties insurance indemnification private financing (mortgages, liens, et a!.) environmental liability title survey fees events of default and remedies termination (general and specific) e 7 e e . Ma r I 'J 1 J 0 1 11 33 D'"I No 1730 D, 11/10 (n) Permits and approvals including but not limited to: 1. Minnesota Pollution Control Agency 2. Minnesota Department of Transportation 3. Minnesota Department of Natural Resources 4. Minnesota Department of Health 5. City zoning, planning, vacations, plat approvals, pemiits for demolition, utility and building, development program modifications, tax mcrement district approvals among others 6. Watershed District 7. Metropolitan Council 8. Ramsey County Section 6.2 Use of Work Product. The Redeveloper shall provide the City w:ith a copy of all reports it obtains relating to the engineering feasibility and the AU AR for the Redevelopment Property. ARTICLE VII TERM OF AGREEMENT This Agreement shall become effective as of January I, 2002 and shall terminate on the earlier of (i) March 31, 2003, or (ii) the date the City and Redeveloper have entered into a redevelopment agreement for the Redevelopment Property, unless terminated earlier pursuant to Article IX. Except as otherwise provided herein and in a redevelopment agreement, at such time as a redevelopment agreement is entered into for the redevelopment of all or a portion of the Redevelopment Property, this Agreement will no longer be of any force or effect as to those portions of the Redevelopment Property which are covered by such separate redevelopment agreements between the City and the Redeveloper. ARTICLE VIII THE RYAN FEES Section 8.1 Reimbursement of the Ryan Fees. In accordance with Section 3.2, the City agrees to reimburse the Redeveloper the Ryan Fees which are incurred by the Redeveloper from and after December 19, 2001, ifon or before March 31, 2003 the City and the Redeveloper have not entered into a Redevelopment Agreement for the Redevelopment Property and the City has not acquired marketable title to the parcels constituting the Minimum Redevelopment Property. 8 1/ a' I 9 2002 12 3lPM No 2730 P 12/20 Section 8.2 .Pavment .Procedure. The City shall pay the Redeveloper the Ryan Fees _ which are due and payable by the City as provided in Section 81 hereof within thirty (30) days .. after receipt of an mvoice from the Redeveloper. Section 8.3 Consideration for Exclusivitv. The Redeveloper's advice and consultation provided to the City to date and its services under this Agreement are the consideration for the City negotiating exclusively with the Redeveloper for the redevelopment of the Redevelopment Property as provided in this Agreement. Section 8.4 Survival. The City's obligations under Article VIII and Article IX shall survive the temJination ofthis Agreement. ARTICLE IX EVENTS OF DEFAULT Section 9.1 Default. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more ofthe following events: (a) failure by Redeveloper or the City to pay when due any payments required to be paid; . (b) subject to Unavoidable Delay, failure by Redeveloper or the City to observe and substantially perform any covenant, conditions, obligation, or agreement on its part to be observed or p~formed hereunder, except as provided in subparagraph Ua" above; (c) if Redeveloper or the City shall file a petition in bankruptcy, or shall make an assignment for the benefit of creditors; (d) if Redeveloper or the City shall file a petition or answer seeking reorganization or arrangement under federal bankruptcy laws; or (e) if Redeveloper or the City, on a petition in bankruptcy filed against it, shall be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of Redeveloper or the City, as the case may be, a receiver of Redeveloper or the City or of the whole or substantially all of its property, or approve a petition filed against Redeveloper or the City, as the case may be, seeking reorganization or arrangement of Redeveloper or the City, as the case may be, under bankruptcy laws, and such adjudication, order, or decree shall not be vacated or set aside or stayed within sixty (60) days from the date of entry thereof. e 9 . . . Ija r ] 3 1002 11 33PM No 2730 p. i3/20 Section 9.2 Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non-defaulting party may, but only after at least sIxty (60) days notice for a non-monetary default and ten (10) days notice for a monetary default setting forth the nature of the Event of Default from Redeveloper to the City, or from the City to Redeveloper, as the case may be, and its failure to cure within said sixty (60) days or ten (10) days, as the case may be, or such longer cure period for a non-monetary default if reasonably required and the actions to cure have been taken and diligently pursued within such 60-day period, find the other party in default (Default) and take anyone or more of the following actions: (a) Take whatever action at law that is necessary or desirable to collect any payments due under this Agreement, including interest at the annual interest rate equal to the prime rate of U.S. Bank National Association from time-to-time in effect plus three percent (3%) on any amounts due under this Agreement from and after the date they are due and payable by the City; (b) Terminate this Agreement; provided, however, the obligations of the City to reimburse the Redeveloper for the Ryan Fees as provided in Article VIII hereof and Redeveloper's remedies hereunder to collect the Ryan Fees shall survive the termination of this Agreement The remedies set forth in this Article IX are the sole remedies of the parties to this Agreement, and none of the parties shall have the right to pursue any other remedies, including, but not limitcd to, the right to sue for damages, whether actual, indirect, consequential, or speculative. No remedy herein conferred upon or reserved by the parties is intended to be exclusive of any other available remedy or remedies as provided hereunder, but each and every such remedy shall be cumulative and shall be in additiop to every other remedy given under this Agreement. Except as provided in this Agreement, no delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thercof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In ord6r to entitle the City or Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice. other than such notice as may be required in this Article lX. In the event any obligation contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.3 Attornev's Fees. In the event a party defaults in the performance of the obligations hereunder and a legal action is commenced to enforce the terms of this Agreement, the prevailing party shall be entitled to payment of its reasonable attorneys' fees and costs by the other party to the extent detennined by the court, including interest at the annual interest rate equal to the prime rate of U.S. Bank National Association from time-to-time in effect plus three percent (3%) on any amounts due under this Agreement from and after the date they are due and payable by Redeveloper or the City, as the case may be. 10 I:'a r 19 2002 I 2 34 PM No 2730 P 14/20 Section 9.4 Limitation 01) Redeveloper Remedies on Default. Whenever any Event . of Default occurs by the City, the Redeveloper may suspend its performance under this Agreement and/or take whatever action allaw or in equity may appear necessary or desirable to the Redeveloper to enforce performance and observance of any obligation, agreement, or covenant of the City under thIs Agreement. Nothing in this Agreement shall entitle the Redeveloper to make any claim against the City for any damages or other legal relief whatsoever or to seek or obtain any equitable remedy including but not limited to specific performance or injunctive relief, and the Redeveloper's remedies are strictly limited to the foregoing. ARTICLE X ADDITIONAL PROVISIONS Section 10.1 Conflict of Interests; Authority Representatives Not Individuallv Liable. No council member, board member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No council member, board member, official, or employee oftbe City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor . or on any obligations under the terms of the Agreement. Section 10.2 Annrovals. Wherever in this Agreement the consent, satisfaction, or approval of the Redeveloper or the City is required, necessary, or requested, such consent, satisfaction, or approval shall not be unreasonably withheld or unduly delayed and will be provided in writing unless the Agreement provides to the contrary. Section 10.3 Notices and 'Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be SUfficiently given or delivered it if is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: As to the City: City of New Brighton 803 Old Highway 8 NW New Brighton, MN 55112-2792 Attention: City Manager with a copy to: Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, MN 55431-1447 Attention: James R. Casserly, Esq. . 11 . . . \Ial 19, 1001 113PV No 173D J. 15/10 As to Ryan Ryan Companies US, Inc. 50 South Tenth Street Suite 300 Mirmeapolis, MN 55403-2012 Attention: Kent M. Carlson With a copy 10: Fredrikson & Byron, P.A. I 100 International Centre 900 Second Avenue South Mirmeapolis, MN 55402-3397 Attention: Charles F. Diessner, Esq. or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other. Section 10.4 CounterDarts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. Section 10.5 Binding Effect; Assi!mment. This Agreement shall be binding upon the su,cessors and assigns of the respective parties; provided, however, no party to this Agreement shall have the right to assign its interest under this Agreement without the consent of the other parties to this Agreement. Notwithstanding the foregoing to the contrary, the Redeveloper may assign ilS rights under this Agreement to an entity which controls the Redeveloper or is controlled by the Redeveloper. [THIS SPACE INTENTIONALLY LEFT BLANK - SIGNATURE PAGES TO FOLLOW] )2 Mar 19 2002 !23ml No 2730 P 16/20 IN WITNESS WHEREOF, the partIes hereto have set their hands and seals as of the day and year first above written. ClTY OF NEW BRIGHTON, MINNESOTA By: Its: By: Its: STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) On this _ day of , 2002 before me, a notary public, personally appeared and 10 me personally known who by me duly sworn, did say that they are the and respectively, of the City of New Brighton, Minnesota, and acknowledged the foregoing instrument on behalf of said City. Notary Public City Signature Page Contract for Exclusive Negotiations 13 . . . . . . Ila' 19 2J02 1234PV No.1730 P 17/20 RYAN COMPA..NIES US, INe By: Its: STATEOFMINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 2002, by , the of Ryan Companies US, Inc. a Minnesota corporation, on behalf of the corporation. Notary Public Redevelope( Signature Page Contract for Exclusive Negotiations 14 Mar,I9 2002 12 34PM No,2730 P 18/20 EXHIBIT A REDEVELOPMENT PROPERTY DESCRIPTION/SITE PLAN Approximately 90-acres generally located between the intersection of Old Highway 8 and I" Avenue NW on the North; l't Avenue NW and l-35W on East; ]-694 on South and Long Lake and Long Lake Regional Park on the West. A site plan of the Redevelopment Property, including a depiction of the Minimum Redevelopment Property, is attached as Exhibit A-I. . . . . . . ~i, a r . I '3 ? 0 0 2 I '2 : 3 4 P lvi, No.2730 P i9/20 SITE PLAN [Insert SIte Plan showing the Redevelopment Property, Mengelkoch and Mid-West Asphalt Property. ) !'Ia r I 'J 2002 I 2 34 oil EXHIBIT B SCHEDULE OF CITY WORK [insert most recently agreed upon Schedule of work.] No 2730 P 20/20 \\PDC\VQL2\wPDAT^\l'f\l'lW QVAD\07\DOCIMAS1BR DRV A.GMTNEW BRIGHTON - KM & FB MARKUP ).5.(lJ: CLEAN.DOC . . . e . e SponSOL r.('lll\,ni "i e:; i ()T' e..:r:.....c.o.1.t:.man RESOLUTiON NO. 99-8/25- 9 Resolution Deslgn~ti\lg CcotexMulti-F;llnily Communities, L.P., ~,Tent~tivc Developer for Upper L3nding Site WHEREAS, the Upper Landing Sitc is an approximate 17.7 acre par<:el ofla.nc1 bounded by Cheslnur Street to the East, the Mississippi River to the South, the high bridge to the West and rail tra<:ks ana the river bluff to the North (Slt~); and \VHf..REAS, the Site WaS historically used forresidential and industrial purposes and has been c1~arcd of structures; and WHEREAS, the Site creates an opportunity to recolUleet the river to the City and its downtown core, but there rem~ins several significant problems to red~Vcloping th~ Site, including geotechnic3l issues, flood plain issues, and envirorunental issues; and WHEREAS. Centex Multi-Family Communilies, L.P. (hcrcin~ft"r "Centex") h~s submitted a proposal to inyeSI its timc, expertise:md money ,\0 extensively study the Site and move the curren I conceptual plan for the Sile to a. level that details the economic feasibility of development of the Site, that is consistCllt with the vision ofthe Saint P:\uI on the Mississippi-Development Ft~mework, and has requested Tentative Developer designation for the Site; and WBEREAS, Centex Homes, an affiliate of Centex Multi-Family, has built over $40 million in single family homes in the Saint paullMinneaJlolis area in 199B, and is a sllbsidiary of Cente" CorpDr~tion, the second largest flomebuilder in the United States, and based on its expertise, interest in tbe Si te and financi~lsrrength, the Centex proposal is preferred; and WHEREAS, public benefits of the proposal include possible expansion of the housing supply of the City. redevelopment of II critical site along the river, and rteonnection oftlle City to the river. }lOW, THEREFORE. BE IT RESOLVED, by tbe Board of commissioners o;lhe Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (herei~~ftcr "HRA") that Cent ex Multi-Family Communitics, L.P., is designated as Tentative Developer for the Upper Landing Site for a period of270 days, within such period Ccutex will complete, at its own COSI, th" following: (1) Conduct an in depth analysis of the environmental issues, geotechnical issues and flood plal!1 control issnes relating to me Site; (2) Retain a local architect, approved by staff, to assist C ent~X in its investigation and analysis of me Site; (3) Complete a feasibility srudy of the Site whioh will include !he comp~ncn\s of the attfiched slaffrepon and Centcx's proposal dated June 29, 1999; and . (4) Complete a market analysis of the Site. BE IT FURT.f'lER RESOLVED, that Cemex wiJ1 submit a good faith deposit in the lln10unr of SIOO,OOO_OO tu saj<.J HRA wirlun ten days oftbis Resolution which shall rtmain the prop crt)' of the rJRA unless Cente;>; timely complete. items 1-4 Oflhe abov" Resolution, Md (a) detc::rmines that the Sik is not eeonomica!Jy fe...sibIe for Cenrex to develop, and delivers to th~ HRA for its unrestricted USe at nO cost alJ work product, market amllysis, architectural and cnginc~ring reports, construction budget, research materi3ls and oth::r c)ocLlmenration produced for the Site, or (b) determines Ihatlhe Site is c:conomically feasible to develop, ill which event the Tentative Developer designation is extended for three months, to agree upon business tcrm. with the HRA on a proposed development (and ifno[ so agreed then the deposit will be renlmed to Cemex). and ifbllsincss tem1S <,te Jgreed to, The TemativeDeveloper designalion sh~ll be eXlcr-ded for an !tddlcion,,] three months for Ccntex to finalize its development plans and construction comracts and eomplete arrangements for financing for a proposed d~velopme:Jt and "mer imo ~ redev~lopmcn[ contract with HRA within tineen months of this Resollltion, nr.d l:pon satisfaction o[these conditions, the deposit will be Ictumed to Centex. . 2 e _USING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL. MINNESOTA RlOPORT TO THE COMMISSIONERS DATE August 25. 1999 REGARDING Designation of CENTEX as Tentative Developer for the Upper Landing Site, District 9 . Purpose Centex Corporation is requesting to entQr into an agreement with the Housing and Redevelopment Authority (HRA) to be designated as the Tentative Developer for the Upper Landing site for nine months. During this perioa Centex woulCl explore the feasji:lility of developing a mixed use project on the site and determine if development is feasible for their. corporation. If it is determined that development is not feasible. research materials and documents would be turned over to the HRA If Centex pursues the developmept of the site then business terms will be negotiated during the next three monthS. . BacKground The upper landing site creates an opportunity to reconnect the rlverto the City. specifically the downtown core. The site which the HRA owns is 17.7 acres bounded by Chestnut Street to me east, the Mississippi River to the south, the High Bridge to the west and rail tracks and the river bluff to the north. Thi2 City of Saint Paul acquired the property in late 1980s and Cleared ]t of the former heavy industrial uses. The Cily is enhancing the site by the relocation of Shepard Road away from the river. Over the past few years a number of studies have been done looking at the potential reuse fonhe sile, explore development options and ider1lify potential development hurdles. Potential uses include residential retail, office, open space and recreation_ Hurdles include environmental remediation. soil condition. fiood plain, urban design issues and flnancial feasibility. . 1 . HRA staff has shown the site along with other prime development sites to a number of developers. To date three developers have taken another look at the site wittl Cemex showing the most interest and capacity to take on major development on the site in a timely manner. Proposal Centex is proposing to COndLICt an In-depth analysis of the site and to explore the type of development whiCh is economically feasible at the location. Tne scope of the analysis includes me following: . Uses - reSidential, commercial. livetwork stuaios, workshop, recreation and open space. Density requirements Market analysis L.and use plan Amenities on site Determine the mix of developmenl Balance the development with City prioriliss Storm water management solutions NSPJrailroad issues Financial feasibility Architectural style Traffic analysis Height issues Sewer, wClter and utility plans Expanding public realm to river edge and how to create balance between proposed development arld the public spaces. Provide view corridor . . . In order to secure tentative developer status the HRA staff set the following requirements mat will need to be mel if Cenlex decldss to move forward with development on the site. . 2 e 1. e e All pre~development activity is developer's responsibility (no city financial assistance). 2. Centex must add to their team a local architect to be selected from a list prepared by the Design Center. 3. City financial assistance, if required for any future development, may only be available from 90% of the tax irlcremerlt producea by developmerlt aM if it is not already committed to other prior pledges. 4. Any City assistance for future development will be financed through a "pay as you go" note. 5. City financial assistance, if required for future development. will be secured by the developer. 6. The Clty/HRA will have final determination on Ine design and product for the site. 7. The HRA will determine if discretionary funds from other agencies be applied for, based on project need and City priorities far future development S. Cemex agrees to pay the HRA $100.000 good faith deposit for tentative developer rights. 9. Tentative developer slatus is for nine monlhs and if it is determined that the site can be developed, Centex will have mree months to negotiate acceptaOle business terms with PED for HRA approval. 10 Centex must work with affected Community groups. 11. Tentative developer status may be witndrawn by the HRA if the aforementioned points are not met. 3 The Centex development lsarn consists of Centex Multifamily and Single F~mily homes. Sningobee Builders. Inc. a MN Corporation, Bannigan ana Kelly 51. Paul. . At lI1e end or before Ihe alioned time periOd, Centsx will m3ke a determination if !hey believe it feaSible from their corporate sland-point to develop the site. If so, Csntex will presenl a development proposal for the site and negotiations with HF<A staff will b=gir. on business terms Which will eventually lead to a reo'evelopment contract for the site If Centex determines not to pursue o'evelopment on the site, all research material and documentatJon will be submitted to the HRA for their use and ownership. Neighborhood Review During the analysis. it is expected that me oeveloper invOlve affected Communily groups in the process. INine Park Association has met with PED staff and a community meeting is being plannecl for September. Public Purpose The feasiOilily analysis by Centex may lead to the redevelopment Df a critical Site along the River and the future development coulCl adCl tax value to the City jobs and create new housing and employment opportunities. If development does not mOve forward, the HRA will receive valuable data to further analyze uses for the sileo . Recommendation The Executive Director recommends that the Board of Commissioners deSignate Centex Corporation as tentative developer for the Upper Landing Site per the terms outli;1ed in this report and the attached resoluliol1. Submitted by RObert SChreier. PED Sponsored by Chrrs Coleman e 4 "~~7. E' 'J GlW Fll? ~ \ --1 ,. j 0 OQvDU I '~', ~~ al~\I.,1 [E [IIJlTJ 61Oo:JJ_l;"',. ~~::.- J~l~_=-_J Le ....- .' ____ ~/'-'~'.8)' ~"i': r'[f.~~J '~~l8J\fl~ fll" <.<\ F' .'- ~-'i'-:O ~~. a'G~\.~!~~ :;:;, [ . " ~......-_. . -p., ~~ -h" .-:-:'. . t;::] 0 - 0<,: -.......' .b~~ . ~~..::::{~\{:~:::: '", ~-Cl 'u-m!~' ~ ~~~~ L'~~~~~ I C~~ '^)\:::::::::::::::::-..:::::::::::~ \., rw?' ;.:" "'F - ~." "'~~_ . ,.:.::::(?r:):rmr~{{' \\ ~~ :- non '.'~ 19b' " ': .>~~~tmmmrmrmmm?rfA..~ 'lJ~l~.j: -\1 ru,(~. Jlll~ .. .. _ . "._'_ ...__ --- ......."... -. -.", .. .., 1" J J . - ~ "'::~~~~~~:~:::::~:~~~:)>:\"I\~;~\'. '''''-'''. ';~r>5"7 :.:>.\I,,,-~,,,, "....J; "'::,._. .............\. ~n\ \. ' :;.~.~J ., . ~ "- ................. .<:::::::::::::::::-:. ,'\\~' \',0; ~~oJ'~\.. . -' ~"" . /,- ~ . "':':":-:-:-:':-:'.. \ \ \. \ '\ ~ '.P$~,;f~1 "'/ (0.... . ........' ( . ". .........,'... .,1' \' ~.~ ;.: ",;.,.",. -'{> . ":) " ,', "'" e '" "::::::::::)\' '''.\'' ~v~./.:~..,< 0;""'>';. . .... . \ .... .,~..'~ Y"'~tjt;;/. "._ - '-=I ")., ........ ',' \ \;'\'0 , '.,' '" .,....,. -:'~A~' " ", ' "'::. \\/" ~~~~..<.t~~'~:?~1t.;,\~ .-...'" '. y~.., '2<:,':;::';~/-:--:"" ..' :,~~/., --.. .....\.>'\., '.~.i;' .:<;>.//~ .....1,/ ,. . --.. , ~ . ~ .'. '^ . ..' . / <4 ". .'<'~'J" '--"-...")"0: ,..,.~t/;/ ..<~ "'....' '. .' I "" I....V /:;'-:'" ..f:h. '''. .~ <S'~. . 'V < \\, <0.... '- "( ~~~~'~,..,\:~~~\:<:;5~~)"~~~$ ,,'\ 0.",' ,'.,', ., '1< '-~ '\ ~ ' ," '\\" / ,/ . ""'\'~..::;" . <,>~\\-...'.> .;.~.~.~' :,..":, . \.." ... / ,', ...~ \~:--.. ... " "', .. \, / / ......:........... '. "...." . , .... '()''\. /-..." .... ~~ ". \'if~"- {~.. \ ' '. '\ ~-:",..". y . \ . "-;'::\'. ..... y~~' .,,"\. ......,~... .........../ ~?'$~/ \:\~:- ". ~ ". "W ~ .~~.,<~ ,/ - ,.......... ~"". , " " , " , e I'I~~~ .(...- -~. .'1 ;:\. ~:>~ "..l>; ~~ mgzc: s:::: U'J "C == "C15 ~C"'C""\ ~~~~ ~a:~ ~ lQ ~ :I: e. ~ ~ J ::I: ~ "'C a i ~ I C -C i -E I; :J a. -. ~ co I I. . . I I I . I .e I I I I I I I .- ~ EN HILLS FEASIBILITY STUDY AND REPORT 2002 PAVEMENT MANAGEMENT PROGRAM . HUNTERS COURT . WALDEN PLACE APRIL , 2002 Thresher Square 700 Third Street South Minneapolis, MN 55415 612370.0700 Tel 612,370.1378 Fax I 37951- 020- 0101 I I. I I I I I I I April 15, 2002 Honorable Mayor and Members of the City Council City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 ATTN:Mr. Joe Lynch City Administrator RE: Feasibility Study Report for 2002 Pavement Management Program Honorable Mayor and Members of the City Council: The enclosed feasibility report has been prepared examining the proposed pavement management of Hunters Court and Waldon Place as authorized at the March 25, 2002 Council Meeting. This report will evaluate the feasibility of .. the proposed improvements as directed by the City Council. This report examines three alternatives: 1) Full Depth Mill and Overlay, 2) Reconstruction 28' wide, and 3) Reconstruction 32' wide. Benton Way was also evaluated for potential impacts caused by construction traffic. I I I . I I I .- I Information utilized in the preparation of this report includes information from the Pavement Management Program field survey, aerial mapping, as-built plans, GIS property information, soil borings and other information from field investigations and surveys on site. Weare of the opinion that the improvements as outlined in this report are feasible and would replace some of the City's poorest condition pavement with standardized City street sections, reduce city maintenance costs while enhancing the overall aesthetics aud value of the neighborhood. Sincerely, URS corpor. ation ; I? \~H'yC~v ;y~_v1!U7/V'- /Gr~goryk/ own, PE, URS, Inc. ArdenHil City Engineer Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 I I. I I I I I I I .. I I I I I I I .. I FEASIBILITY STUDY REPORT FOR 2002 PAVEMENT MANAGEMENT PROGRAM CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA APRIL, 2002 Minneapolis, Minnesota 55415 URS, INC. 700 Third Street South I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota Section 326.02 to 325.15 File: 37951-020-0101 Date: '1;f/ /.,;), MN Lie. No. 22814 I I. TABLE OF CONTENTS I I. INTRODUCTION 3 I II. PROPOSED ROADWAY IMPROVEMENTS 4 I III. PROPOSED UTILITY IMPROVEMENTS 5 I IV. PROJECT COSTSIPROJECT FUNDING 5 I V. PROJECT SCHEDULE 6 I VI. SUMMAR~RECOMMENDATIONS 7 I APPENDIX A: Exhibits APPENDIX B: Detailed Construction Cost Estimate APPENDIX C: Preliminary Assessment Roll .. APPENDIX D: Frontage Foot Calculation Examples APPENDIX E: Soil Boring Logs I I I I I I I ,. I 2 I I. I I I I I I I .. I I I I I I I .. I I. INTRODUCTION On March 25, 2002 the Arden Hills City Council authorized the preparation of a feasibility study for the 2002 Street Improvements Project. The proposed 2002 Pavement Management Program consists of the proposed reconstruction of Hunters Court and Waldon Place. The proposed project is located in the southeast quadrant of Arden Hills, west of Lexington Avenue at the south end of Benton Way. Currently both Cul-de-sacs have a road width of 34' and an end radius of 50'. The right of way is 60' on the road section and has a radius of 60' centered on the end section. Exhibits 1 and 2 show the project location. The City has implemented a pavement management program, which includes field surveying every section of roadway every three years to monitor the changing conditions. This survey measures all of the pavement distresses within a road segment, which in turn helps to assign a Pavement Condition Index (PCI) to that particular road segment. To implement a maintenance program, specific maintenance treatments are recommended based on the PCI values of the street. The following table illustrates the generally recommended maintenance treatment for a given PCI. PCI 100-81 80-61 60-0 TREATMENT Spot Repair, Crack Seal and Seal Coat Mill and Overlay Complete Reconstruct Hunters Court serves as access for nine single family homes and Waldon Place serves as access to seven single family homes. Both cul-de-sacs were constructed in 1974 and are exhibiting signs of pavement failure. The City maintenance crews have expended a substantial amount of time and resources in the last few years to keep these two sections of road passable. Both Hunters Court and Waldon Place have some of the lowest PCI values in the entire city with respective values of 20 and 9. This report evaluates the reconstruction of both cul-de-sacs at a 32' wide road section with a 50' radius end and a 28' wide road section with a 40' radius end. In addition the feasibility of full depth mill and overlay has also been evaluated. A neighborhood informational meeting was held on March 19,2002 for this proposed project. During the meeting the City Engineer explained the reason for the pavement deterioration and discussed typical road construction standards within the City Arden Hills. During the meeting residents expressed the opinion that the City should implement a neighborhood approach to street reconstruction and maintenance. Many residents felt that Hunters Court and Waldon Place should be reconstructed but would like to see the reconstruction occur in conjunction with Benton Way. The residents took an informal vote at the end of the meeting to mill and overlay the street to "hold it over" until Benton Way was reconstructed. ," 3 I I. I I . I I I I .. I I I . I I I I. I PROJECT LOCATION z o >- =' ::> ITCONNE:LL Y ST. RD. o z o . ::>~ I<( RICHMONO~ HAR~ c.i >- CT. w w > <( AVE. .J ll- Z >- <( '-' 5 ~ 5 z A :l: '-' '" :::> :l: '-' EOGEWA TER GLENHILL RD. COBB z AVE. => > 5> '" w W :l: Z ll- "- >-' 0 <( '-' >- '" I '" O. :l: RD. <.> AV~ ci '" o z o ::;: I '-' '" PAUL CT. GLEN co. 'li'ENNER >-' '" --' =' I '-' >-' rJ) o '" I ~A DR. ~ o I 1000 I 1=1.000 2002 PAVEMENT MANAGEMENT PROGRAM Thresher Square 700 Third Street South Minneapolis. MN 55415 612.370.0700 Tel 612.370.1378 F8~ PROJECT LOCATION MAP EXHIBIT 1 37951020 I I. I I . I . . I .. I I I . . I I. I I PROJECT LOCATION CJ CJ c:J ~ EN HILLS o 1000 I I 1=200' 2002 PAVEMENT MANAGEMENT PROGRAM Thresher SQl.!Sr6 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel 612.370.1376 Fax PROJECT SITE MAP EXHIBIT 2 37951020 I I. I I . I I I I .. I I I I I I . .. . II. PROPOSED ROADWAY IMPROVEMENTS Three alternatives have been considered for this project: A. Full depth mill and overlay. B. Reconstruct 28'with a 40' radius end. C. Reconstruct 32' with a 50' radius end. A. Full depth mill and overlay. From the soil borings taken and review of the PCI rating data, it was determined that the distress to the pavement surface is predominantly due to the frost heave action of the soils beneath the pavement. The original bituminous pavement and base had an initial thickness of 8 inches which provided minimum protection from the effects of annual frost heaving. A mill and overlay would improve the surface in the short term but is expected to deteriorate at a rapid rate because it doesn't "fix" the subbase problem. If the Council decides to select the mill and overlay option the City Engineer believes that a full depth mill will be needed (cold in-place recycling) as the as the existing pavement would more than likely break up completely as a result of the operation of the milling machine. B. and C. Full Reconstruction Both of the reconstruction alternatives would include the construction of concrete curb and gutter, driveway aprons, driveway pavement (within ROW), roadway subdrainage and 4" of bituminous pavement in accordance with the City's standard plans. It is assumed that the reconstruction alternatives would be built within the existing right of way and would follow the existing alignment. Eight soil borings were taken to determine the condition of the existing subbase, 3 in each ofthe cul-de-sacs and 2 on Benton Way. The soil borings show that the road was built correctly to the design standards when it was constructed but would not meet current design standards. The borings indicate that the existing clay base is stable but retains moisture and is therefore susceptible frost heaving during freeze/thaw cycles. The geotechnical engineer anticipates that the addition of 12" of sand subbase with drain tile connections to the existing storm sewer catch basins would provide the necessary drainage and protection from frost heaving damage. The City's standard street construction includes sand subbases and drain tile for this purpose. The geotechnical engineer was consulted on his opinion relative to the potential of construction traffic damaging Benton Way. The geotechnical engineer believes that based upon the soil boring information, construction traffic will likely shorten the life span of the Benton Way pavement but the likelihood of significant immediate or noticeable damage is low. 4 I I. I I . I I I I .e I I I I . I . ,. I III. PROPOSED UTILITY IMPROVEMENTS With the exception of minor storm water drainage repairs, no other public utility work is anticipated at this time. A meeting will be held with the private utility companies to discuss the proposed project and this may result in private utility upgrades. Although private utility upgrades/modifications may be done in conjunction with this proposed project they would not be installed as part of this proposed project. There are existing ponds in the project area, however the maintenance of these ponds is part of the responsibility of the Homeowners association and therefor public improvements to these ponds were not included in this feasibility study. The Homeowners association should be encouraged to perform maintenance on the pond adjacent to the project area at the time of reconstruction as heavy equipment would likely be required to remove silt from the ponds. This work would be relatively easy to coordinate with the roadway reconstruction and could be included with the same bid if desired by the Council and the Homeowners association. IV. PROJECT COSTSIPROJECT FUNDING The proposed project will be funded using several sources including residential assessments on the benefiting properties, the city general fund and the surface water utility fund. The proposed assessment rates are based on Y2 the cost of the roadway construction cost. Assessment front footages were calculated using the Arden Hills Assessment Guidelines Dated: November 1990. In most cases the cul-de-sac formula was used dividing the area of the lot by the average depth ofthe lot. Corner lot Front Footages are based on the lot frontage abutting the road being constructed. Drainge easement areas were subtracted from the lots in which they are located. Following are tables detailing the total estimated cost for each option and the proposed funding source. TOTAL ESTIMATE PROJECT COST (OPTIONS A, B, and C) Option A: Full Depth Mill and Overlay Estimated Cost: $63,920.00 Proposed Funding Sources General Fund Assessments Surface Water Utility Fund Total Amount $31,960.00 $31,960.00 N/A $63,920.00 5 I I. I I I I . I I .. I I I I I . I. I I Option B: Reconstruct 28'with a 40' radius end. Estimated Cost: $170,670.00 Proposed Funding Sources General Fund Assessments Surface Water Utility Fund Total Amount $73,850.00 $73,840.00 $22,980.00 $170,670.00 Option C: Recoustruct 3Z'with a 50' radius end. Estimated Cost: $194,300.00 Proposed Funding Sources General Fund Assessments Surface Water Utility Fund Total Amount $85,670.00 $85,650.00 $22,980.00 $194,300.00 v. PROJECT SCHEDULE The following schedule has been prepared based upon City Council acceptance of this feasibility report on April 15, 2002. The neighbors have suggested a later start date if the project is approved to accommodate residential construction and the school summer vacation. Accept Feasibility Report/Order Plans and Specs Public Assessment Hearing Approve Plans and Specifications/Authorize Advertisement for Bid Bid Opening Award Contract Begin Construction Complete Construction April 15, 2002 May 13,2002 May 28,2002 June 26, 2002 July 8, 2002 August 19, 2002 October 11. 2002 6 I I. I I I I I I I .e I I I I I I I. . I VI. SUMMARY! RECOMMENDATIONS Hunters Court and Waldon Place are two of the lowest rated streets, in terms of pavement condition, in the City of Arden Hills. The bituminous pavement surface has been severely compromised and the concrete curb and gutter is failing in many places. The deterioration of Hunters Court and Waldon Place has resulted in high annual maintenance costs to the City in both materials and labor. The poor pavement conditions can be directly attributed to frost damage in the roadway subbase and the age of the streets. Full reconstruction is necessary to properly correct the subbase drainage deficiencies, which are causing the rapid deterioration to the bituminous surface. In accordance with the City of Arden Hills' adopted street classification these two cul-de- sacs are considered residential streets and have a recommended minimum street width of 28 feet. Residents and Council should consider three choices as a part of the reconstruction project: 1) road width (28 or 32 feet), 2) cul-de-sac radius (50 or 40 feet) and 3) concrete curb and gutter style (barrier or surmountable). Reconstructing the streets to 28 foot widths would add approximately 3 feet of turf to the abutting properties and would reduce overall runoff from the streets. Many of the residential driveways are in very poor shape. A bid item could be included in this proposed project to reconstruct the residential driveways in conjunction with this project if the homeowner choses to do so. The homeowner would be responsible for reimbursing the City for the cost of the work, possibly in the form of an increased assessment equal to the amount of work done and based on the bid price. The advantage of this would be that the work would be done on a bulk rate using better quality material and have better control over the construction. The improvements outlined above are feasible and constructable assuming the proposed assessment rate is acceptable to the Council. The City Engineer strongly recommends full depth reconstruction (including a sand subbase with drain tile) of Hunters Court and Waldon Place as opposed to a full depth mill and overlay. The City Engineer recommends barrier style concrete curb and gutter, a road width of 28 feet and a cul-de- sac end radius of 40 feet however these three items should be ultimately decided by the residents and Council. 7 I I. I I I I I I I I. I I I I I I I. I I APPENDIX - A EXHIBITS I I. I I . I I I I .. I I I I I I I. I I SLOPE 3/4" PER FT. TOP BIT. MAT\ C3/8" \/2" R 5" BASE .1. 'H/' 'I. 1/2" R. <1 <1 . 7" I 18 1/2" S418 CURB AND GUTTER 3/8" TOP BIT. MAT 6" 1n 31,,, It 'co ~ 3/4" PER FT. - 1/2" R !'1/.2" R . 0 .. . l> '" . t. . : o. r-- .A o A I 8" I .. III ... I. 18" B618 CURB AND GUTTER 2002 PAVEMENT MANAGEMENT PROGRAM Thresher Square 700 Third Street SClulh MinnoBapoliG, MN 55415 612.370.0700 Tel 612.370.1378 Fu CURB &: GUTTER EXHIBIT 3 37951020 I I. I I I I I I I I. I I I I I I I. I I PLAN A EXPANSlON JOINT IF MEETING EXlSllNG CONCRETE SLAB EXPANSION JOINT CURB BACK SA'MD JOINT CENtERED ON DRIVEWAY GUTTER CURB FACE A SECTION A-A L . .~ 1>". ......" ... 11/2" STANDARD GUTTER THICKNESS I . ..." . ,110.1>:." CURB BACK CURB FACE 5' R OR AS SHOWN ON PLANS 5' BOULEVARD (TYP) EXPANSION JQtNT CURB " GUTTER ..~.. 7" NOTE: END OF APRON TO BE LEVEL W1lH TOP OF CURB. TYPICAL DRIVEWAY APRON ~ Ttlresher Square 700 Third Street South Minneapolis, MN 55415 612,370,0700 Tel 612.370.1318 Fax 2002 PAVEMENT MANAGEMENT PROGRAM TYPICAL APRON EXHIBIT 4 37951020 I I. I I I I -I I . .. I I I I I I I .. I ~ ROW 16'-14' PROPOSED ROAD 60' TYPICAL 14'-16' 8618 C&G ~ 14'-16' 16'-14' PRtVATE UTlUTY CORRIDOR 2% tAl"'. PRIVATE 28'-32'- FACE TO FACE UTlUTY "1WQ WAY RESIDENTIAL SlREET NO PARKING" CORRIDOR 2 INal Er1lJWINOUS 'tIlEAR COURSE 2 INQl BASE COl.IRSE 8 INal a... 5 AGGREGATE BASE 12 INDi SAN) SU!IBASE (0RMlAG[) ROW PI.AC[ ON M'PRCMD SlJBCRAD[ (WnDoT SPEC. 2112) l'tPICAL LOCAL STREET BllUMINOUS PA\lEMENT SECllON - EN HILLS /'" 2002 PAVEMENT MANAGEMENT PROGRAM Tllresher SQuare 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel 612.370.1378 Fax TYPICAL SECTION EXHIBIT 5 37951020 I I. I I I I I I I I. I I I I I I I. I I ~ 3' 6 ' EN HILLS Thresher Square 700 Third Streel South Minneapolis. MN 55415 612.370.0100 Tel 612.370.1378 Fax NEIGHBORHOOD STREET COMMUNITY STREET CUL-DE-SAC RESIDENTIAL STREET CUL-DE-SAC 2002 PAVEMENT MANAGEMENT PROGRAM TYPICAL CUL-DE-SAC EXHIBIT 6 37951020 I I. I I I I I I I I. I I I I I I I. I I ~ , Thresher SQuare 700 Third Street South MinnClapolis. MN 55415 612.370.0700 Tel 1)12..370.\378 FalC tll"" t: Iii Ei! ~ 2002 PAVE~ENT ~ANAGEMENT PROGRA~ PROPERTY ~AP EXHIBIT 7 37951020 I I. I I I I I I I I. I I I I I I I. I I APPENDIX - B DETAILED CONSTRUCTION COST ESTIMATE . I. I I I I I I I I. . I I I . I I .- I No, 1 2 3 4 5 6 7 8 City of Arden Hills 2002 Pavement Management Program Option A: Hunters Court Full Depth Mill and Overlay Unit Item Unit Quantity Price Extension Mobilization LS 1 $ 1,500.00 $ 1,500.00 Mill Bituminous Pavement (Full Depth) SY 2101 $ 2.00 $ 4,202.00 Repair Concrete Curb and Gutter LF 150 $ 25.00 $ 3,750.00 Bituminous Base Course (2") TON 240 $ 32.00 $ 7,680.00 Bituminous Wear Course (2") TON 240 $ 35.00 $ 8,400.00 Bituminous Material for Tack Coat GAL 101 $ 2.00 $ 202.00 Drainage Improvements LS 1 $ 2,000.00 $ 2,000.00 Sodding SY 250 $ 5.00 $ 1,250.00 Subtotal Construction Cost $ 28,984.00 10% Contingency $ 2,898.40 Subtotal Construction Cost w/Contingency $ 31,882.40 26% Indirect Cost and Capitalized Interest $ 8,289.42 Total Estimated Project Cost $ 40,170.00 I I. I I I No. 1 I 2 3 4 I 5 6 7 I I .e I I I I I I I. . I ------------ City of Arden Hills 2002 Pavement Management Program Option A: Waldon Place Full Depth Mill and Overlay Unit Item Unit Quantity Price Extension Mobilization LS 1 $ 1,000.00 $ 1,000.00 Mill Bituminous Pavement (Full Depth) SY 1345 $ 2.00 $ 2,690.00 Repair Concrete Curb and Gutter LF 100 $ 25.00 $ 2,500.00 Bituminous Base Course (2") TON 154 $ 32.00 $ 4,928.00 Bituminous Wear Course (2") TON 154 $ 35.00 $ 5,390.00 Bituminous Material for Tack Coat GAL 66 $ 1.90 $ 125.40 Sodding SY 100 $ 5.00 $ 500.00 Subtotal Construction Cost $ 17,133.40 10% Contingency $ 1,713.34 Subtotal Construction Cost w/Contingency $ 18,846.74 26% Indirect Cost and Capitalized Interest $ 4.900.15 Total Estimated Project Cost $ 23,750.00 I I. I City of Arden Hills 2002 Pavement .Management Program Option B: Hunters Court Construction (28' F-F with 40' Radius) I ROADWAY COSTS Unit Unit Quantity Price Extension No. Item I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .eH 21 I I I I I I I I Mobilization LS 1 $ 3,300.00 $ 3,300.00 Remove Bituminous Pavement SY 2029 $ 2.00 $ 4,05S.00 Remove Concrete Curb and Outler LF 964 $ 2.00 $ 1,928.00 Driveway Removal SY 252 $ 2.00 $ 504.00 Miscellaneous Removals LS 1 $ 2,000.00 $ 2,000.00 Common Excavation CY 872 $ 7,00 $ 6.104.00 Subgrade Excavation CY 100 $ 12,00 $ 1.200.00 Select Granular Base (12") CY 523 $ 12,00 $ 6,276.00 Aggregate Base CL- V (8") CY 349 $ 14,00 $ 4,886.00 Bituminous Base Course (2") TON 180 $ 32.00 $ 5,760.00 Bituminous Wear Course (2") TON 180 $ 35,00 $ 6.300.00 Bituminous Material for Tack Coat GAL 79 $ 1.90 $ 150.10 Concrete Curb and Gutter LF 901 $ 8.25 $ 7,433.25 Traffic Control LS 1 $ 1.000.00 $ 1.000.00 Stop Sign EA 1 $ 250.00 $ 250.00 Mail Box Relocation EA 9 $ 50.00 $ 450.00 Sodding SY 1201 $ 4.00 $ 4,804.00 Bituminous Pavement (Driveway) SY 134 $ 25.00 $ 3,350.00 Concrete Pavement (Driveway) SY 118 $ 40,00 $ 4,720.00 Sawing Concrete Pavement LF 18 $ 5.00 $ 90.00 Sawing Bituminous Pavement LF 144 $ 2.00 $ 288.00 Subtotal Construction Cost $ 64,851.35 10% Contingency $ 6,485.14 Subtotal Construction Cost w/Contingency $ 71,336.49 26% Indirect Cost and Capitalized Interest $ 18,547.49 Total Estimated Road Cost $ 89,880.00 DRAINAGE IMPROVEMENTS COST Nn. Item Unit Quantity Price Extension 1 $ 10,000.00 $ 10,000.00 200 $ 4.50 $ 900.00 $ 10,900.00 $ 1,090.00 $ 11,990.00 $ 3,117.40 $ t5,IIO.00 $ 104,990.00 I Unit 1 2 Drainage Improvements 4" PVC Subdrain LS LF Subtotal Construction Cost I I. I I 10% Contingency Subtotal Construction Cost w/Contingency 26% Indirect Cost and Capitalized Interest Total Estimated Drainage Improvements Cost Total Estimated ProjecI Cost I I. I I City or Arden Hill. 2002 Pavement Management Program Option B: Waldon Place Construction (28' F-F with 40' Radius) ROADWAY COSTS No. Item Unit Unit Quantity Price Extension I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .e H I I I I I I I I Mobilization LS I $ 2,100.00 $ 2,100.00 Remove B ituminOlls Pavement SY 1345 $ 2.00 $ 2.690.00 Remove Concrete Curb and Gutter LF 564 $ 2.00 $ 1,128.00 Driveway Removal SY 196 $ 2.00 $ 392.00 Miscellaneous Removals LS I $ 2,000.00 $ 2,000.00 Common Excavation CY 527 $ 7.00 $ 3,689.00 Sub grade Excavation CY 80 $ 12.00 $ 960.00 Select Granular Base (12") CY 316 $ 12.00 $ 3,792.00 Aggregate Base CL-V (8") CY 211 $ 14.00 $ 2,954.00 Bituminous Base Course (2") TON 109 $ 32.00 $ 3,488.00 Bituminous Wear Course (2") TON 109 $ 35.00 $ 3,815.00 Bituminous Material for Tack Coat GAL 48 $ 1.90 $ 91.20 Concrete Curb and Gutter LF 501 $ S.25 $ 4,133.25 Traffic Control LS I $ 1,000.00 $ 1,000.00 Stop Sign EA I $ 250.00 $ 250.00 Mail Box Relocation EA 7 $ 50.00 $ 350.00 Soddiog SY 668 $ 4.00 $ 2,672.00 Bituminous Pavement (Driveway) SY 126 $ 25.00 $ 3.150.00 Concrete Pavement (Driveway) SY 70 $ 40.00 $ 2,800.00 Sawing Bituminous Pavement LF 126 $ 2.00 $ 252.00 Subtotal Construction Cost $ 41,706.45 10% Contingency $ 4.170.65 Subtotal Construction Cost w/Contingency $ 45.877.10 26% Indirect Cost and Capitalized Interest $ 11.928.04 Total Estimated Roadway Cost $ 57,8tO.OO DRAINAGE IMPROVEMENTS No. Unit Quantity Price Extension 1 $ 5.000.00 $ 5,000.00 150 $ 4.50 $ 675.00 $ 5,675.00 $ 567.50 $ 6,242.50 $ 1,623.05 $ 7,870.00 $ 65,680.00 Item Unit I 1 2 Drainage Improvements 4" PVC Subdrain LS LF Subtotal Construction Cost I I. I I 10% Contingency Subtotal Construction Cost w/Contingency 26% Indirect Cost and Capitalized Interest Total Estimated Drainage Improvements Cost Total Estimated Cost I I. I I I I I I I .. I I I I I I I. I I f City of Arden Hills 2002 Pavement Management Program Option C: Hunters Court Construction (32' F-F with 50' Radius) Unit No. Item Unit Quantity Price Extension I Mobilization LS 1 $ 3,700.00 $ 3,700.00 2 Remove Bituminous Pavement SY 210l $ 2.00 $ 4,202.00 3 Remove Concrete Curb and Gutter LF 946 $ 2.00 $ 1.892.00 4 Driveway Removal SY 252 $ 2.00 $ 504.00 5 Miscellaneous Removals LS t $ 2,000.00 $ 2.000.00 6 Common Excavation CY t 127 $ 7.00 $ 7.889.00 7 Subgrade Excavation CY t20 $ 12.00 $ 1.440.00 8 Select Granular Base (12") CY 676 $ 12.00 $ 8,112.00 9 Aggregate Base CL. V (8") CY 451 $ 14.00 $ 6,314.00 10 Bituminous Base Course (2") TON 233 $ 32.00 $ 7,456.00 11 Bituminous Wear Course (2") TON 233 $ 35.00 $ 8.155.00 12 Bituminous Material for Tack Coat GAL 101 $ 1.90 $ 191.90 13 Concrete Curb and Gutter LF 964 $ 8.25 $ 7,953.00 14 Traffic Control LS I $ 1,000.00 $ 1,000.00 15 Stop Sign EA I $ 250.00 $ 250.00 16 Mail Box Relocation EA 9 $ 50.00 $ 450.00 17 Sodding SY 1071 $ 4.00 $ 4,284.00 18 Bituminous Pavement (Driveway) SY 134 $ 25.00 $ 3,350.00 19 Concrete Pavement (Driveway) SY 118 $ 40.00 $ 4,720.00 20 Sawing Concrete Pavement LF 18 $ 5.00 $ 90.00 21 Sawing Bituminous Pavement LF 144 $ 2.00 $ 288.00 Subtotal Construction Cost $ 74,240.90 10% Contingency $ 7,424.09 Subtotal Construction Cost w/Contingency $ 81,664.99 26% Indirect Cost and Capitalized Interest $ 21,232.90 Total Roadway Cost $ 102,900.00 DRAINAGE IMPROVEMENTS COST No. Unit Quantity Price Extension 1 $ 10.000.00 $ 10,000.00 200 $ 4.50 $ 900.00 $ 10,900.00 $ 1,090.00 $ 11,990.00 $ 3,117.40 $ 15,110.00 $ 118,010.00 Item Unit I 2 Drainage Improvements 4" PVC Subdrain LS LF Subtotal Construction Cost 10% Contingency Subtotal Construction Cost w/Contingency 26% Indirect Cost and Capitalized Interest Total Drainage Improvements Cost Total Estimated Project Cost I I. I City of Arden Hills 2002 Street Reconstruction Program Option C: Waldon Place Construction (32' F-F with 50' Radius) I ROADWAY COSTS Unit Unit Qnantity Price Extension No. Item I 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 ]5 ]6 17 ..H I I I I I I I I Mobilization LS 1 $ 2,500.00 $ 2,500.00 Remove Bituminous Pavement SY 1345 $ 2.00 $ 2,690.00 Remove Concrete Curb and Gutter LF 564 $ 2.00 $ 1,128.00 Driveway Removal SY 196 $ 2.00 $ 392.00 Miscellaneous Removals LS I $ 2,000.00 $ 2,000.00 Common Excavation CY 732 $ 7.00 $ 5.124.00 Subgrade Excavation CY 80 $ 12.00 $ 960.00 Select Granular Base (12") CY 439 $ 12.00 $ 5.26S.00 Aggregate Base CL- V (S") CY 293 $ 14.00 $ 4,]02.00 Bituminous Base Course (2") TON 151 $ 32.00 $ 4,832.00 Bituminous Wear Course (2") TON 151 $ 35.00 $ 5,285.00 Bituminous Material for Tack Coat GAL 66 $ 1.90 $ 125.40 Concrete Curb and Gutter LF 564 $ 8.25 $ 4,653.00 Traffic Control LS 1 $ 1,000.00 $ ],000.00 Stop Sign EA 1 $ 250.00 $ 250.00 Mail Box Relocation EA 7 $ 50.00 $ 350.00 Sodding SY 626 $ 4.00 $ 2,504.00 Bituminous Pavement (Driveway) SY 126 $ 25.00 $ 3,]50.00 Concrete Pavement (Driveway) SY 70 $ 40.00 $ 2,800.00 Sawing Bituminous Pavement LF 126 $ 2.00 $ 252.00 Subtotal Construction Cost $ 49,365.40 10% Contingency $ 4,936.54 Subtotal Construction Cost w/CoTItingency $ 54,301.94 26% Indirect Cost and Capitalized Interest $ 14,118.50 Total Estimated Roadway Cost $ 68,420.00 DRAINAGE IMPROVEMENTS COST No. Unit Quantity Price Extension ] $ 5,000.00 $ 5,000.00 150 $ 4.50 $ 675.00 $ 5,675.00 $ 567.50 $ 6.242.50 $ 1.623.05 $ 7,870.00 $ 76,290.00 Item Unit I 2 Drainage Improvements 4" PYC Subdrain LS LF Subtotal Construction Cost I I .e I 10% Contingency Subtotal Construction Cost w/Contingency 26% Indirect Cost and Capitalized Interest Total Estimated Drainage Improvements Cost Total Estimated Project Cost I I. I I APPENDIX - C I I I PRELIMINARY ASSESSMENT ROLL I I I. I I I I I I I .e I I I. I I I I I I I .e I I I I I I I .e I E f! Gl ClU o..!!! Ita. - I: __.. I: 0 Gl"C :cEo; I: ~:= Gl 'E!-g <"' "' ~:;t:: o - :J ~I:o .... Gl U i:3 E .. Gl ~ iL~ a. I: '" :J oJ: o '" >- "'u. ;=I!: "Co "'~ o . c::'" ... "'.... '" >- -"'u. I:;=I!: Eil'" ClJO~ "c::'" Gl. ... .."'.... ..", < >- "' ;:u. Glu. >- 0", "C'" 1:"; "'~ =.... ~ "CGl~ S g'u. QIIUJ-- :J 1:- 0,_ 0 CD cc "C ... Q) _<u.u. I: Gl E .. .. Gl .. .. < a. ~ "' I: ~ Gl ~ o COC\la.nO) I.t')OOO 0 L()l.l)(O(Y')OlC\lOC\Jc.oO LO~,.....<riciteiC\l......:et:ici L()..-C\l,.....,.....omcc,.....,..... ,.....f'-.,.....mccr--.~C\I,....cn L()..;:tI.O~L{)f'.(oLO"I:;toi' ... Yt <F. Yt Yt <F. Ytl <F. Yl Yt Yt It')('I'')<o:;tO(OC')f'-.,...-roo coa.n<o:;tC\Jt--.<.oOJO(OO ..f..fLriocriC'i<6",C'i0 ...<rJ~"'0"'0l1l'l<rJ", VO.q C\!O(OL()L()O a ""'"'V"I:t-.:tI.l)(olO'o::tor::icr:i' ... 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" 1ii o oj " .5 Qi .~ ~ c ('l .!2 _ t; ~ E E o . ~ 'EUiifl ::: 8 12 ~B< 7di5~ 32J: ~ 11 ~ ro~ 8 ~ "E"-o< ." w w !Q-;';; ('lEe> c: ~.!: o Ql gj "'w." ~';;$ ~ - ~ ..oo-s .~ ~ ~ 'it;:lOO E C @ ~ 0 w .E.-o:;: .5 ffi c: c:llw ~ .~ ~ ill 1n.~ ffi 8 -g ~oo ~& t2 '" w w .s ~ OJ E '" ~ = C c: .@ 2 e 0-Ll.Ll. ~C\I~ W f- a z I I. I I I I I I I .. I I I I I I I .e I APPENDIX - D FRONTAGE FOOT CALCULATION EXAMPLES I 1.:- I I I I I I I .e I I I I I I I .e I OOllalE FRONTAGE. 'LOTS.. MAPL:E STREET 100' , o ~ . ~ " 100' PINE STREET If improvements are made on both streets the assessable front footage - (100' + 100')/2 - 100' SHAllOW lOTS , o 0, A , ~ .... 100' PINE STREET Property A Area = 10,500 SQ. ft. . . Adjusted Front Footage - nO,500 sQ. ft.lIl30 .ft. -. BO.n ft. I I. I I I I I I . .. I I I I I I I. I - I PROPERTIES ON aJl-DE-SA(; _ /00' ~II ................ () .'I~ '. r:':':j DENOTES ::;:;::: ADJUST AREA EXAMPLES Property A Average Depth - (160' + 180')/2 - 170' Area - 16,000 SQ. ft. (assumed) Adjusted Front Footage - (16,000 sQ. ft.)/170 ft. - 94.12 ft. Property B Depth is greater than 200 ft., so connect the points ZOO' from the cul-de-sac. - Depth - 200' Adjusted Area (shaded portion) ~22,OOO-;sq:;f't.;(ass.:.nec.) - -Adjusted Front Footage - (22,000 SQ. ft.>lZOO ft. - 110.00 ft. .. . "-'. I I. I I I CORNER lOT . ... 1.30' ;c ~ Ifl~ MIN ST. I .e . I I I I I I .. I CORNER LOT WITH . IMPROVEMENTS ON BOTH STREETS Property A Short Side . 100 ft. Long Side - 130 ft. Adjusted Front Footage . 100 ft.+1/3 (130 ft.) - 143.33 ft. If improvements are made on only one side of the. corner lot. the front footage .is the side abutting the improvements. Eg. Improvements on First Ave. only Front Footage . 100 ft. Improvements on Main St. only Front Footage - 130 .ft. NEARLY RECTANGULAR LOTS 100' , ~ .... A , 9'-' .. ,.u,'~-::..: Property A ADJUSTED FRONT FOOTAGE (100 ft. + 96 ft.)/2 - 9B ft. I I. I I I I I I I ,. I I I I I I . .. I APPENDIX - E SOIL BORING LOGS I rJ AMERICAN 1 ENGINEERING I TESTING, INC. . I I I I I I . I I I I I I I I I SUBSURFACE BORING LOG PROJECT: -, 01...()1184 LOG OF BORING NO. 1 (p. 1 of D. 2002 Street Improvements. Waldon Place/Hunters Court; Arden Hills. MN ____ I SURFACE ELEVATION: GEOLOGY N I M~- S~~ REC. FlELD&LAilOi\TOj<~P':1'IS MATERIAL DESCRIPTION ' TYPE IN. WC DEN LL: Pl 1\\ 2D , ' - -- - ---j---- --- - .~ -- 1 i 7.5" Bituminous pavement Ii! I _ ,2.5" Crushed limestone base, light b~~._ I : 10 M 55 12 DEPTH IN FEET 7 M 55 t5 2 3 Fill, mostly sandy lean clay, a little gravel, brown. a little gray (A-6) 4- FILL 5 .-, 4 M 55 6 6 - 7 -- 4 M 58 12 8 -. --..-.-.---- Sandy lcan clay, a little gravel, brown, soft (eL) (A.6) 9 END OF BORING ~ TILL Locarion: Hunrers Court, 7' 'WE" ofC/L, 48' "SE" of Benton Way C/L I 0.7' 3.25" USA DATE 415102 TIME 11:35 ...1_- WATER LEVEL MEASUREMENTS ISAMPLED CASING CAVE-IN DRILLING ,DEPTH DEPTH DEPTH FLUID LEVEL I . 9.0 7.0 4.5 ! NOTE: ImFER TO ftJHl: ! TlJE ATrACHFn None I SHEETS FOR AN EXI'LANATlON OF TERMtNOLOGY ON THIS LOG DEPHl: DRILLING METHOD COMPLETIlD~ 415102 CCo 55 CA: WP Rig: 1 2199 . n AMERICAN riJ ENGINEERING I TESTING. INC. . . . I I I I . I I I . . . I I I SJJBSURF ACE BORING LOG 01-01184 LOG OF BORING NO. 2 (p- 1 of]) __ i 2002 Street Imvrovements, Waldon PlacelHunters Court; Arden Hills, ~._ _.____ _.__. PROJECT: DEPTH IN FEET SURFACE ELEVATION: MATElUAL DESCRIPTION _.6" Bituminous I?ay~e!!t 1 _ 6~~"_C;!,,~1l."~ l~~e.~2E.e base, light hrown 2 -, 3 J Fill, mostly sandy lean elay, a little gravel, gray and brown, a little dark brown (A-6) 4- 5 - 6- 7 g END OF BORING Location: HWIlers Court, 7' 'WE" ofC/L. 322' ''SE'' of Bemon Way C/L DEPTH: DRILLING METHOD TIME 0-7' 3.25" HSA DATE 415102 11:00 COMPLETED, 415/02 ce: SS cA, WP Rig: 1 2/99 GEOLOGY _ .._ _.~ .u,,_._ ._.._ ...,..-. N MC SAMPLE REC. FIELD & LABORATORY TLS'1~ TYPE IN. WC DEN L1.! 1'1 ,';: 2i)(1 9 M SS 12 I ! I ! I I I I SS 6 ~. I I -j- ......_,_. -- J i I I I I , I I I ss 6 9 M ss 151 , ! FILL 8 M 5 M .J_ 11.. ...... I NOTE REFER TO 'ftJil: , THE An AUlfD None SHEETS .POl{ AN WATER LEVEL MEASUREMENTS !Si~j:flf' 'i,tf~r? CtMW F&~H-t\fv(h 8.5 7.0 7.5 ,EXPLANATION or- TERMINOLOGY ON T!lIS LOU ~ .. I I I I I i I-._J._... DEPTH, DRILLING METHOD I. I COMPLETED. 4/5/02 CC, SS CA: WP Rig: 1 I 2/99 SUBS~ACEBOmNGLOG PR01ECf, 01-01184 LOG OF BORING NO. 3 (p. 1 I:IOJ._._: 2002 Street Improvements. Waldon Place/Hunters Court; Arden Hills. MN . I ,...__._.... ........-. . ..-.-. -I GEOLOGY N MC SAMPLE REC. FIELD &. LABORAI\HlY ns~ . TYPE ..I~. ..':':: .DEJ-l .L~_I PL :~; ~(1 I i IS I i I ! DEPTH IN FEET SURFACE ELEVATION: MATERIAL DESCRIPTION ..-,.-.-<<'-'." _4:~".E\i.'\I!llinous pavement 7.5" Crushed limestone base, light b,:?~._ '_'_"'-~_ ss 15 7 M ss 2 8 M SS 12 31 , FILL Fill, mostly sandy lean clay, a little gravel, grayish brown, a little dark brown (A-6) 4 . 5 - 9 M 6 . 7~ l ' S5 15 I ' ---- --ll I ! I , 5 M \ R .-. : Sandy lean clay, a little gravel, gray, rum (eL) '\(;4di) ... .."...._..._______.__.___l END OF BORING Lncaiio,,: Hunters Court, 54' "SW" ofClL, 367' "SE" of Bemon Way CIL WEATHERE · OTfLL 0-" 3,Z5" HSA DATE 4/5/02 .JJ_LLI WATER LEVEL MEASUREMENTS TIME SAMPLED, CAStNG CAVIl.IN I DRilliNG DEPTH DEPTH DEPTH IFLUID LEV 1(}:25 i 8.5 7.() 7.5 . NOTE: BEI'EIl TO .: THE A1TACHED SHEETS FOR AN EXPLANATiON 01' TERMINOVJGY WATER LEVEL None .-i , ON THIS LOC, I I I I I I I I I -- SUBSURFACE BORING LOG PROJECT , 01-01184 LOG OF BORING NO_ 4 (0. 1 of U______ 2002 Street Improvements. Waldon Place/Hunters Court; Arden Hills, MN I I I FIELD & LABORATORY TESTS N MC s.wr:~ tyfF WC DEPTH IN FEET SURFACE ELEVATION: MATERIAL DESCRli'TION GEOLOGY . 4.5u Bituminous 'Pavement S' Croshed limestone base, light brown 1 - 11 M SS 12 FILL 2 Fill, mostly sandy lean clay, a little gravel, brown and gray (A-6) SS 12 3 SS 12 9 M 4 19 M 5 - Sandy lellll clay, a little grave4 brown, a little gray mottled, stiff to very stiff, a lense of sand 6- below about 7' (CUSC) (A.6) 9 M 55 15 7 .- s END OF BORING Lo"alion: Waldon Place, 9' "W" ofC/L, 41' "S" olBenton Way elL I I I I I 1----- DEPTH: DRILLING MEIHOD I. I COMPLETED, 4/5/(JZ CC: SS CA, WP Rio: 1 I 2/99 DATB TIME _._ __LI...____L_ WATER LEVEL MEASUREMENTS SAMl'T..ED CASING CAVE.IN DRILLING WATER DEPTH DEPTH DEPTH FLUID LEVEL LEVEL 8.5 7.0 8.5 None 0-7' 3.Z5" HSA 4/5/02 9,37 1--1 ...,. ..-..---' I ""~-"--.---;"- DEN i Lt. i PI. i'x. 100 , , I I I I I I i I I , I I i i --I~ I ] I I I I J NOTE. [<HER TO THE ATrACllED SHEeTS FOR AN EXPL..INATJON OF TERJvIlNOLOGY ON THiS l.()(i I rJ AMERICAN j ENGINEERING I TESTING, INC. .-.: AET JOB NO: SUBSURFACE BOmNG LOG I PROJECT: D,tfHl IN FEET 01-01184 LOG 01' BORING NO. 5 (p, 1 ofI). 2002 Street Improvements. Waldon Place/Hunters Court; Arden Bills. MN -- - . I SURFACE ELEVATION: MATEilJAL DESCRIPTION GEOLOGY SAMPU; REC. FIELD &. LABOI(ATUI( \' 'l'b>; IS 1'1 MC ~ IN "c~ . WC PEN LL I ,3.5" Bituminous navement .- -.- ~6.5" Crushed limestone base, IiWlt6i~Yp . .__ __' - Fill, mostly sandy lean clay, a little gravel, gray and brown (A-6) FILL 1-- S8 PL hl. 2 I ! I END OF BORING SS 15 ! I I I I 8 M IS 8 M z - 3 I 4 Sandy lean clay, a little gravel, possible cobbles, brown and gray mottled, firm to hard (CL) (A-6) I 5 -- 12 M SS 20 6 I 7 I 81 36 M 58 15 U>c<<.ion: Waldon P/ar;e. 11 "'E" ofC/L, /37' "S" of Benlon Way elL I I r I . __.1 i ! l I I I ----... ____1- _J I 0.7' 3.25" HSA PATE 4/5/02 TIME 9:04 WATER LEVEL MEASUREMllNTS SAMPLED CASING I. CAVE-IN DRILLING PEPTIl DEPTH DEPTH FLUID LEVE 8.5 7.0 8.0 NOTE: REFER TO 'ft;mt I TIlE ATrACllED SHEETS FOR AN ! EXPLANATION or- TERMI~OLOGY ON nlls tOG DEPTH: DRILLING METIIOD COMPLETED: 4/5/1fl CC: SS Ck WP Ri: 1 2/99 I - I '--I COMPLETED, 4/5/02 I EXPLANATION OF CC: SS I TERMINOI."GY CA:WP Ri., 1 I ,---- .... -1 2/99 1 ON TillS LOG I · l] AMERICAN A ENGINEERING I TESTING, INC. . I I . . I I ~ I I . I I . I I ~S9MPI.F.TED' 4/5/02 cc: SS CA: WP Ri: 1 2/99 I SUBSURFACE BORING LOG .~ 01-01184 LOG OF BORiNG NO 8 (p. I of!L .... i 2002 Street Improvements. Waldon Place/Hunters Court; Arden Hills, MN __. _ ___ ! ;~~~OG P~~ REC. FIELD ;~-LA~?RATORY1E.STSI PE IN. WC DEN LL 1 PI I"; 2()~ . ---- -- ----- I, I ~ ~ I DS ! MT lOB NO: PROlECf: DEPTH IN FEET 1--- ....~ .~ '''.'-' -. . ,un i SURFACE ELEVATION: MATERIAL DESCRIPTION . \.3': Bituminous oavement ....... ._M .--. f_ -.-- \3"We~tI1~re.(\ or reclaimed bituminous pavement( PI i 13" Crushed limestone base, light brown I ~ ,.-. . .--- t i Fill, mostly sandy lean clay, a little gravel, light FI gray and brown (A-6) (may be natural till) TI END OF BORING LoCal/on: Bemon Way, 10' "E" olCIL, 319' "S" of Harriet Avenue CIL 1 I I I - .. - . 1-- 2 - J 4 -- DEPTH: DRILUNG METHOD LLOR LL y N MC SAM TY M ?- M - - M .. - .-.. , I I .... .... .... L l_ DS 0-4VJ.' DATE TIME WATER LEVEL MEASUREMENTS SAMPLEDi CASING CA VE.IN' DRlLUNG : DEPTH I DEPTH DEPTH FLUID LEVEL 4.5 None 4,5 NOTE, REFER TO WATI'.R THE AITACIlEIJ l.EVEI- , 6"FA 4/5/02 U:30 None SHEETS l'Ol<'\N i EXPl.ANATION or,' TERMINOLO(jY ON THIS LOG ** TOT~L P~GE.09 ** . . . URS MEMORANDUM Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-13783 To: Nick Landwer/URS File: 37951022 Joe Lynch/Arden Hills Copy: From: Greg Brown, PE Arden Hills City Engineer Date: April 9,2002 Subject: PMP Scope 2003 and Beyond Introduction We have prepared a preliminary scope for the next several years of the City of Arden Hills Pavement Management Program as requested by the Council. This memo outlines the current overall citywide paverncnt needs, outlines the current funding mechanisms and contributions by each to the Pavement Management Program, and outlines a comprehensive approach to the management of pavements within thc City of Arden Hills beginning in 2003 and running through 2008. This memorandum is intended to assist with the discussion of the 2003 PMP and solicit council and staff comments on the proposed course of future PMPs as proposed by the City Engineer. Arden Hill Pavement Infrastructure Needs The following is a brief synopsis of the current pavement infrastructure needs for the entire city for the purposes of analyzing whether the current annual PMP funding mechanisms and scope is generally mecting the City's needs or not. For the purposes of this macro analysis we have assumed that all streets currently not meeting standards will require full reconstruction ($250.00/LF) and all streets with curb and gutter and storm sewer improvements would only require mill and overlay ($50.00/LF). The annualized needs cost assumes that all City streets would be either reconstructed or overlayed over the next twenty years. The analysis assumes all streets to be sealcoated every ten years. A. Street Reconstruction 13.0 miles B. Street Overlay 17.0 miles C. Street Sealcoat 60.0 miles Total 20 Year PMP (2002 dollars) $17,200,000 $ 4,500,000 $ 850,000 $22,550,000 Annualized Budget (2002 dollars) $ 1,I27,500 PMP Memorandum April 10, 2002 Page 2 . . Current Funding Summary The following is a summary of thc current funding mechanisms in place for the City's PMP needs and the corresponding annual contributions summcd for twenty years. Thc assessment contribution is based upon the current assessment policy which requires residential properties to contribute 50% of the benefit received from the improvement project. For this analysis, we have assumed that asscssmcnts would contribute half of the strcet reconstruction and overlay costs from the analysis above. This assumption translates to assessment rates of $62.50/FF for reconstruction and $12.50/FF for overlay projects. Both of these assessment rates are greater than ratcs historically levied by the Council for projects. Thc Storm Water Utility fund is assumed to contribute 20% of the project costs for reconstruction projects and 2.5% of project costs for overlay projects (for residential streets). Regional drainage improvements such as ponds and grit chambers etc. are also funded from the Storm Water Utility fund and are not included with this analysis. The General Fund is assumcd to contribute $200,000 per year (approximate current levcl). The city reccivcs an annual disbursemcnt from MnDOT State Aid which offsets projcct costs for State Aid routes but is not assumed to reduce the assessments levied for projects based upon past City policy. . General Fund Outlay $200,000*20 Storm Water Utility 0.2*$17,200,000 + 0.025*$4,500,000 Assessments 0.5*$17,200,000 + 0.50*$4,500,000 State Aid $200,000*20 Total 20 Year PMP Funding (2002 dollars) =$ 4,000,000 =$ 3,552,500 =$10,850,000 =$ 4.000.000 =$22,402,500 Annualized PMP Funding (2002 dollars) =$ 1,120,125 As a result of relatively minor investment in the City's pavement infrastructure since 1998, the City has accumulated a substantial amount of capital reserves as of January 1, 2002: Round Lake Road Reconstruction (Ph 2) Gencral Fund Carry Over 2000 General Fund Carry Over 2001 One-Sided Street Fund Storm Water Utility State Aid Balance Total PMP Reservcs as of Jan 1,2002 $ 250,000 $ 150,000 $ 150,000 $1,500,000 $ 400,000 $ 600,000 $3,050,000 . Based upon the macro analysis above, the City funding mechanisms and contributions are essentially equivalent to the 20 year annualized needs with a healthy reserve of over 3 million dollars currently. Therefore, it doesn't appear that the City needs to modify cxisting funding mechanisms in order to achieve the twenty year PMP needs. It should be noted however, that assessment contribution towards total project costs have been closer to 36% (for reconstruction projects) in the recent past and not the 50% stated in the policy. If the City maintained an assessment contribution in the range of 36% over the next twenty years the total PMP funding would be reduced by $2,408,000 from $22,402,500 to $19,945,500. This deficit could be PMP Memorandum April 10,2002 . Page 3 overcome by the use of existing capital reserves. Proposed 6 Year PMP Improvements (2003 through 2008) . We have developed a proposed PMP Improvements Schedule to address sealcoating, overlay and reconstruction work throughout the City. The improvements projects are based upon the neighborhood approach as has been endorsed by the Council last fall. The proposed project scopes are within budget parameters outlined above and reflect a higher early investment in reconstruction to catch up for the inactivity of the past several years. Our overall ranking of neighborhoods is similar to the priorities developed in 1999 during our first comprehensive review of the City's Pavement and drainage infrastructure. Our basis for prioritizing neighborhoods involves the consideration of several factors including: PCI values for neighborhood streets Condition/effectiveness of existing surface drainage system (or lack thereof) Condition of underground water and sanitary sewer utilities, need for dig-up type repairs Whether neighborhood streets meet width standards Whether neighborhood streets have concrete curb and gutter Opportunity for significant improvement of water quality of neighborhood runoff Available State Aid and City funding Emcrgency issues County construction projects on adjacent roadways Major development/redevelopment projects Neighborhood Petitions Our last PCI field survey was conducted in 1999. We are planning to conduct another city wide survey this spring following street sweeping operations. The PCI survey will assist greatly in determining which streets are failing at a rapid rate and therefor need attention sooner than others. We have based our initial six year PMP schedule on the 1999 ratings and know ledge of the last major overlay or reconstruction on each street. The proposed PMP schedule includes three years of reconstruction projects and three years of overlay and sealcoating projects to be accomplished on an alternating basis. We are on a ten year cycle for sealcoating streets (approx. $35,000fyr) and have been sealcoating on a neighborhood basis for the past three years. The following is a summary of the proposed six year PMP improvements and estimated total project costs: . 2003 Reconstruct Ingerson and Edgewater Neighborhoods $2,490,000 Decision Points . PCI weighted average 48 Edgewater, 56 - Ingerson . . . PMP Memorandum April 10, 2002 Page 4 . Drainage Issuesllow areas ponding (especially Ingcrson) . Lack of Water Quality treatmentJability to construct improvements . Proximity to Lake Josephinc . Substandard Street widths and lack of curbs . County Improvements to Lexington Avenue in 2003/2004 . Previous investment of Public and Staff . Need for Sanitary Sewer utility dig up repairs in Edgewater Neighborhood . Completion of Shoreline Lane private development . Ingerson Neighborhood partially complete (Tiller and Dunlap) . Ability to use State Aid Funding on Hamline and Ingerson 2003 Vacation of Fcrnwood Avenue Reconstruction of Guidant Drive (E-W) . Funded by Guidant 2004 Mill and Overlay Karth Lake Neighborhood Sealcoat Neighborhood bound by SneIling/HamIine/CSAH 96ffHI0 $ 340,000 Decision Points: . Lowest PCI of overlay candidate streets - (Karth Lake) . Development @ I35W/I694 intersection complete 2004 Reconstruction of West Round Lake Road $1,500,000 . Timing bascd upon Chesapeake Development . Financed through Assessments (70% rate), Chesapeake?, State Aid and General Fund Reserves 2005 Reconstruct Noble Road Neighborhood $1,020,000 Decision Points: . PCI weighted average: 52 . Lack of water quality treatmentJproximity to Lake Johanna . Lack of curbs 2006 Mill and Overlay Brighton Way and Chatham Neighborhoods Mill and Overlay Red Fox/Grey Fox Commercial Area (reconstruct Dunlap) Sealcoat Ingerson and Edgewater Neighborhoods $1,500,000 Decision Points: . PCI ratings in low 70's (1999 values) . No major work done in recent past . Ability to utilize commercial assessments and State Aid funds on Red Fox/Grey Fox PMP Memorandum April 10, 2002 . Page 5 2007 Reconstruct Glenpaul Ave. Neighborhood $1,370,000 Decision Points: . PCI weighted average: 53 . Lack of curbs . Neighborhood partially complete (Edgewater and 1/3 of Jerrold) . Incorporate water quality improvements 2008 Mill and Overlay/Reconstruct Floral Neighborhood, Benton Way, Harriet Ave. Sealcoat Karth Noble Neighborhood $2,009,600 Decision Points: . Reconstruct Streets without curbs · Overlay Streets with curbs . Incorporate water quality improvements . Benton Way would be at the end of 5 year assessment adjustment window if Waldon Place and Hunters Court are reconstructed 2003 . . . Arden Hills Pavement Management Program Year 2003 (Reconstruct) Ingerson Neighborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Totat Cost Cannon Ave. 373 Recon. $ 74,600.00 $ 18,650.00 $ 93,250.00 Cannon Ave. 460 Recon. $ 92,000.00 $ 23,000.00 $ 115,000.00 Hamline Ave. 1645 Recon. $ 329,000.00 $ 82,250.00 $ 411,250.00 Hamline Ave. 608 Vacate $ 10,000.00 $ 5,000.00 $ 15,000.00 Inaerson Rd. 2589 Recon. $ 517,800.00 $ 129,450.00 $ 647,250.00 Ingerson CI. 455 Recon. $ 91,000.00 $ 22,750.00 $ 113,750.00 Fe rnwood SI. 316 Recon. $ 63,200.00 $ 15,800.00 $ 79,000.00 Fe rnwood CI. 360 Recon. $ 72,000.00 $ 18,000.00 $ 90,000.00 Carlton Dr. 1454 Recan. $ 290,800.00 $ 72,700.00 $ 363,500.00 Total Cost 1,540,400.00 $ 387,600.00 $ 1,930,000,00 Edgewater Neighborhood . Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost W. Edaewater Ave, 890 Recon, $ 178,000.00 $ 44,500,00 $ 222,500.00 Shoreline Ln. 491 Recon, $ 98,200.00 $ 24,550.00 $ 122,750.00 Shoreline Ln. 193 Recon. $ 38,600.00 $ 9,650.00 $ 48,250.00 Lake Ln. 168 Recon. $ 33,600.00 $ 8,400.00 $ 42,000.00 W. Co. Rd. D 294 Recon. $ 58,800.00 $ 14,700.00 $ 73,500.00 Alley W, of Edge. 200 Recan. $ 40,000.00 $ 10,000.00 $ 50,000.00 Total Cost $ 447,200.00 $ 111,800.00 $ 560,000.00 Total Estimaled Road Construction Cost $ $ 1,990,000,00 Total Estimated Drainage Improvement Cost 500,000.00 Total Estimated Project Construction Cost $ 2,490,000.00 . . Arden Hills Pavement Management Program Year 2004 (Mill and Overlay/Seal Coating) Mill and Overlay Karth Lake Neiborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Karth Lake Rd. 1622 M&O $ 81,100.00 $ 2,500.00 $ 83,600.00 Amble Dr. 1936 M&O $ 96,800.00 $ 4,000.00 $ 100,800.00 Pleasant Clr. 641 M&O $ 32,050.00 $ 1,000.00 $ 33,050.00 Pleasant Dr. 1299 M&O $ 64,950.00 $ 2,500.00 $ 67,450.00 Amble Clr. 153 M&O $ 7,650.00 $ 500.00 $ 8,150.00 Total Cost $ 282,550.00 $ 10,500.00 $ 293,050.00 Seal Coat Neighborhood Bound By Snelling/HamlinelHwy 10/Hwy 96 Street Length (feet) Treatment Roadway Cost Drainage Cost Neighborhood 22,800 Seal Coat $ 47,880.00 47,880.00 T otat Cost $ $ $ $ 47,880.00 Total Cost $ 47,880.00 Total Estimated Road Construction Cost 330,430.00 Total Estimated Drainage Improvement Cost . Total Estimated Project Construction Cost 10,500.00 $ 340,000.00 . . Arden Hills Pavement Management Program Year 2005 (Reconstruct) Noble Neighborhood Street length (feet) Treatment Roadway Cost Drainage Cost Total Cost Grant Rd. 1202 Recon. $ 240,400.00 $ 60,100.00 $ 300,500.00 lake In. 1125 Recon. $ 225,000.00 $ 56,250.00 $ 281,250.00 Noble Rd. 1247 Recan. $ 249,400.00 $ 62,350.00 $ 311,750.00 Fairview Ave. 380 Recon. $ 76,000.00 $ 19,000.00 $ 95,000.00 Indian PI. 120 Recon. $ 24,000.00 $ 6,000.00 $ 30,000.00 T atal Cost $ 814,800.00 $ 203,700.00 $ 1,018,500.00 Total Estimated Road Conslrucllon Cost $ $ 203,700.00 814,800.00 Total Estimated Drainage Improvement Cost Total Estimated Project Construction Cost $ 1,020,000.00 . . . Arden Hills Pavement Management Program Year 2006 (Mill and Overlay, Commercial Reconstruct) Reconstruction Brighton Way Neighborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Briahton Way 657 M&O $ 32,850_00 $ 32,850.00 Briahton Wav N_ 300 M&O $ 15,000_00 $ 15,000_00 Brighton Way S_ 315 M&O $ 15,750_00 $ 15,750_00 Total Cost $ 63,600_00 $ $ 63,600.00 Chatham Neighborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Chatham Ave_ 4733 M&O $ 236,650_00 $ 236,650.00 McCracken Lane 988 M&O $ 49,400_00 $ 49,400_00 Chatham Circle 90 M&O $ 4,500_00 $ 4,500_00 Chatham Court 200 M&O $ 10,000_00 $ 10,000_00 Total Cost $ 300,550.00 $ $ 300,550.00 Red Fox Commercial Area . Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Red Fox Road 2394 M&O $ 167,580_00 $ 167,580_00 Grev Fox Road 2387 M&O $ 167,090_00 $ 167,090_00 Dunlao Street 1279 Recon. $ 319,750.00 $ 63,950_00 $ 383,700_00 Service Road 1280 Recon. $ 320,000_00 $ 64,000_00 $ 384,000.00 Total Cost $ 974,420.00 $ 127,950.00 $ 1,102,370.00 Seal Coat Ingerson Neighborhood Street I Length (feet) ITreatment I Roadway Cost I Drainage Cost ITotat Cost Total Cost 15250 Seal Coat $ 32,025_00 $ $ 32,025.00 Total Cost $ 32,025_00 $ s 32,025.00 Total Estimated Road Construction Cost $ 1,370,595_00 Total Estimated Drainage Improvement Cost $ 127,950.00 Total Estimated Project Construction Cost $ 1,500,000.00 . . Arden Hills Pavement Management Program Year 2007 (Reconstruct) Glenpaul Neighborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Jerrold Ave. 1029 Recon. $ 205,800.00 $ 51,450.00 $ 257,250.00 Jerrold Ave. 556 M&O $ 27,800.00 $ 27,800.00 Prior Ave. 1120 Recon. $ 224,000.00 $ 56,000.00 $ 280,000.00 GlenDaul Ave. 1023 Reeon. $ 204,600.00 $ 51,15000 $ 255,750.00 Glenpaul Ave. 1291 Reeon. $ 258,200.00 $ 64,550.00 $ 322,750.00 Beckman 894 Reeon. $ 178,800.00 $ 44,700.00 $ 223,500.00 Total Cost $ 1,099,200.00 $ 267,850.00 $ 1,367,050.00 Total Estimated Road Construction Cost $ $ 267,850.00 1,099,200.00 Total Estimated Drainage Improvement Cost Total Estimated Project Construction Cost $ 1,370,000.00 . . . Arden Hills Pavement Management Program Year 2008 (Reconstruct and Mill and Overlay) Mill and Overlay Floral Neighborhood Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Briarknoll Cir. 195 M&O $ 9,750.00 $ 9,750.00 Briarknoll Dr. 1475 M&O $ 73,750.00 $ 73,750.00 Dawn Cir. 414 M&O $ 20,700.00 $ 20,700.00 Norma Ave. 1503 M&O $ 75,150.00 $ 75,150.00 Roval Ln. 1000 M&O $ 50,000.00 $ 50,000.00 Floral Dr. 1346 Reeon. $ 269,200.00 $ 67,300.00 $ 336,500.00 Norma Cir. 125 Reeon. $ 25,000.00 $ 6,250.00 $ 31,250.00 GaleCir. 314 Reeon. $ 62,800.00 $ 15,700.00 $ 78,500.00 James Cir. 648 Recan. $ 129,600.00 $ 32,400.00 $ 162,000.00 Indian Oaks Ct. 567 Reeon. $ 113,400.00 $ 28,350.00 $ 141,750.00 Indian Oaks Trail 1081 Reeon. $ 216,200.00 $ 54,050.00 $ 270,250.00 Total Cost $ 1,045,550.00 $ 204,050.00 $ 1,249,600.00 Seal Coat Noble Neighborhood and Karth Lake East Street ILength (feet) I Treatment I Roadway Cost I Drainage Cost ITotal Cost . Total Cost 50,000.00 $ 50,000.00 $ $ 50,000.00 $ 258,100.00 $ 50,000.00 Total Cost $ Benton Way Neighborhood" Street Length (feet) Treatment Roadway Cost Drainage Cost Total Cost Benton Wav 2338 Recan. $ 467,600.00 $ 116,900.00 $ 584,500.00 Harriet Ave. 1349 M&O $ 67,450.00 $ 67,450.00 Pine Tree Dr. 1103 M&O $ 55,150.00 $ 55,150.00 Total Cost $ 590,200.00 $ 116,900.00 $ 710,000.00 Total Estimated Road Conslruction Cost $ $ 580,000.00 1,640,000.00 Tolal Estimaled Drainage Improvement Cost Total Estimated Project Construction Cost $ 2,009,600.00 . Lasl Year of 5 year assessment adjustment window . .1 I L....' Arden Hills See Us From The Inside .:. Quality Services .:. Innovative, Adaptable .:. Efficient, Purposeful .:. Meeting Resident Expectations e e e City of Arden Hills Strategic Planning Action Plan March, 2002 Develop a CIP WHO WHEN Develop equipment (rolling stock/ City Administrator/Staff technology/tlxed assets) replacement schedule - Inventory existing equipment " " 6/02 - Develop expected life schedule for each item " " 7/02 - Develop replacement cost schedule for the next " " 7/02 ten years (3 % annual inflation) using 2002 as a base number. 8/02 " " - Prepare a five year plan for "equipment" to be replaced over the next five years with total annual replacement costs included. Review with City Council Staff/Council 8/02 Prepare infrastructure CIP 6/02 to 6/03 - Complete inventory of sewer/water lines Staff w/Consultant 2103 - Complete inventory of street conditions Staff w/Consultant advise 9/02 - Incorporate park, trails planning document 10/02 Select 2003 street project Council/Staff 9/02 Preliminary engineering Staff/Consultant 9/02 Review finance options (bonds, special Staff 10/02 assessments, grants, state funds) Final engineering Engineer 11/02 Get bids Engineer 2/03 A ward contract Council 3/03 Construction 5/03 Review CIP at City Council Council/Staff 11/02, 2/03, 4/03 Finalize five-year CIP (streets, sewer, Council 6/03 water, parks, and trails) e e e , Selcct TCAAP Dcvelopcr Who When Complete planning process Council/Staff/ 4/02 Planning Commission/ Community Forums Request for proposals Council/Staff 5/02 Review proposals Planning Commission/ 6/02 to 8/02 Staff/Council Select developer for preliminary Council/Staff 9/02 development agreement Planning process with developer with Planning Commission/Staff 9/02 to 11/02 periodic review Council/ 11/02 to 2/03 Review proposal developments Planning Commission/ Community Forums Final Development Agreement Council /Developer 3/03 I Joint Maintenance Facility I Who I When I Meetings with County completed Staff/Community/Council 5/02 Preliminary design Architect 7/02 Review design County/City 9/02 to 11/02 Financing options City/County Staff 11/02 to 12/02 Final design Architect 3/03 Solicit/Review bids City/County 4/03 to 6/03 A ward contract " 7/03 Begin construction " 8/03 Construction complete " 10/04 Move into new facility " 11/04 Sell city property City 2/05 . . . ~ ~~HILLS MEMORANDUM TO: Mayor and City Council Joe Lynch, City Administrato(;~\-L\ Organizational Structurc Chang:\J r FROM: SUBJECT: DATE: May 23, 2002 cc: All Staff ENC: Director of Community Serviccs Job Description & Organizational Chart BACKGROUND Council had previously approved hiring of additional support staff and return of job descriptions for two new managcrncnt positions. Council received the job descriptions for the Director of Operations & Maintenance as well as the Director of Administration. After discussion at Council Worksession, consensus was indicated about changing portions ofthc Director of Administration position and to rename the title to something to denote the change in emphasis and over sight. Council took action on the request by staff to adopt the position and description for Director of Operation & Maintenance. Council also took action by appointing Tom Moore to that position. Enclosed for your information and review is the revised job description for the Director of Community Services. The job title has been changed to reflect over sight of Planning and Zoning, Building and Code Enforcement, Finance and Community Development, including Economic Development. The major areas ofresponsibility have been modified to reflect this change. This position, along with the Director of Operations and Maintenance and the Dcputy Clerk would directly report to the City Administrator. Along with the change to the job title and description, Council wanted to see realignment of the support staff. As previously proposed, each Support Specialist would rcport to a Director level position. This would not accommodate, as well, the concept ofthe pooling ofthis support resource for projects or time sensitive needs. Organizational Structure Change, May 23,2002, Page 2 Instead, what is now proposed is the coordination, management and evaluation of this resource . through the "officc manager" concept with the Deputy Clerk. As a part ofthe management team, the Deputy Clerk is in a better position to learn of the needs, know of current or pending projects, and better able to assign support staff based on skills, abilities and availability. In previous discussion about filling the position of Director of Co mill unity Services, it was first mentioned that this position would be filled using a hiring process including advertising and conducting interviews. Based on discussion with Council, comments made by Council and staff, I have reconsidered the course of action of filling this position. I believe we havc a current staff person who is capable, qualified, and interested in having an opportunity to fill this position. Our current City Planner, Aaron Parrish, has demonstrated his ability to perform not only his job as Planner, but has taken on the role of in-house technical resource, assists in the TCAAP project process, and has produced information and documentation that demonstrates his capabilities. If you make this appointment, staff would recommend that a six month probationary period be set for review and evaluation. In addition, planning scrvices would need to be provided for those routine cases. Mr. Parrish would need to continue to lead, guide and be involved with the Guidant planning case, the Cub Food store case ifit comes forward, and the Presbyterian Homes case. Othcrwise, the City can either hire a replacement Planner or consider contracting with our current planning consultant to handle these other cases, much in thc same way it was handled when we had a vacancy in our Planner position. RECOMMENDATION . Staff recommends the following: o Council accept and adopt the job description and position of Director of Community Serviccs. o Council accept the organizational structure demonstrating the positions of Director of Operations and Maintenance with over sight ofthe Recreation Program Supervisor, Operations & Maintenance Superintendent and Operations and Maintenance Staff and; Director of Community Services with over sight of Finance, Planning and Zoning, Building and Code Enforcement and Community Development, support staff which includes the two Office Support positions and the Customer Service Representative I (Receptionist). o Council accept thc appointment of Aaron Parrish to the position of Director of Community Services for a probationary period of six months. Mr. Parrish would be able to use any time accumulated from his service time as City Planner for Personal Time Off during this pcriod. o Council authorize the City Administrator to contract with Mike Cronin for consultant platming services for the six months probationary period of the Director of Community Services and to return to the Council with dctails ofthe contract for approval by Council. . . . . City of Arden Hills Job Description POSITION: DEPARTMENT: REPORTS TO: Director of Community Services Community Services City Administrator SUMMARY Provides assistance to the City Administrator in the administration of City services and operations and other Department Directors to assure compliance with the City's policies, goals, and programs. Directs and coordinates the activities of the Department of Community Services, planning, building inspections, community and economic development and finance. ESSENTIAL FUNCTIONS OF THE POSITION Assists the City Administrator in managing overall operations. Performs a variety of special assignments and projects for the City Administrator and City Council. Conducts research and prepares reports and recommendations on issues and projects as assigned. Gathers, interprets and prepares data for studies, reports and recommendations. Oversees all aspects of Economic Development and redevelopment projects. Plans and organizes activities of the Planning, Inspections, Finance and Administration Departments. Supervises and assists the City planner in developing and implementing land use plans, regulations and policies. Supervises and assists the Building Official and other inspectors to ensure positive and effective enforcement of City plans, policies and ordinances. Supervises and manages animal control. Coordinates implementation of technology including MIS and GIS. Monitors developer compliance with Council directives and development contracts. . Provides technical assistance to City departments on projects and activities as directed by the City Administrator. Oversees preparation of administration budgets and participates in preparation of the annual City budget. Attends Council and Commission meetings as required. Performs other duties as apparent or assigned. SUPERVISORY RESPONSIBILITIES Directly supervises employees in the Community Services Department, including the positions of Building Official, Building Inspector, Planner, and Accountant. Carries out supervisory responsibilities in accordance with the City's policies and applicable laws. Responsibilities include planning, assigning, and directing work; evaluating performance; and addressing complaints and resolving problems. Responsibilities also include the ability to effectively recommend recruiting and hiring; rewarding and disciplining employees, promoting, demoting, suspending and discharging of employees. QUALIFICATION REQUIREMENTS . To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's Degree in Management, Business, Planning, Public Administration or related field. Master's Degree preferred. Minimum of 2 - 5 years progressively responsible experience in local government. Minimum of 2 years supervisory experience; or an equivalent combination of education or experience. LANGUAGE SKILLS Ability to read and interpret documents such as operating and maintenance instructions, policies, regulations, ordinances, codes, contracts, and procedure manuals. Ability to prepare reports and correspondence. Excellent word, grammar, punctuation and vocabulary. Ability to communicate effectively both orally and in writing with supervisors, . . City staff, elected officials, other government agencies, and the general public. Ability to establish and maintain effective working relationships with other employees and the general public. MATHEMATICAL SKILLS Ability to make arithmetic computations using whole numbers, fractions and decimals. Ability to compute rates, ratios, and percentages. Ability to prepare a department budget. OTHER KNOWLEDGE, SKillS, AND ABILITIES Considerable skill in using computer programs including Word, Excel, and Access. Ability to operate various types of office equipment. Knowledge of clerical and office procedures. Knowledge of local government functions and practices. Ability to maintain confidentiality. Ability to organize work and develop goals, policies, plans and procedures related to office management. Ability to organize and prioritize work. . CERTIFICATES, LICENSES AND REGISTRATIONS . Minnesota Class D Driver's License PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel objects, tools, or controls and talk or hear. The employee frequently is required to sit. The employee is occasionally required to stand and walk; reach with hands and arms; and stoop, kneel, crouch or crawl. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. . . . . . - en a ~ \5 d " :r:: .~ f1t ~.~ ~ t" c "'" '" <t ~ . ..... .~ ~ ~~ ~... .';) ~Vl lU c ~ . s ;;; .s 5 ~ rJ ~ v <8 ~ ~ ~ .5 g - v ;S 0 .s ;:; ~ ~ " ;0 5 ~ f: " E ~ v P- O} ~ " " ~ ~ ~ @ c 0 '" ~ " 5 ~ ~ " ~ 0 S "' " .e ~ +-'~ .g C 0 " :~ 0 <.> " 5 " ~ v d )'l .;; CD 0 ~ .s 0 ~ C ;;; .0 ~ ~ c- E " p G "0 ~ OJ ~ .5 .u 0 E 0 0 " " p 00: " '" . .~ .-= - :;; .;; ::: " :;;. " 0.:: if) - H ~ H ., t--l "t ~~1 ~ :i ::: '" to o 11 '" ';;: " 0.:: . CD " ~ i> ~ " ~ 5 .u ~ - c ~ "- 0 0 :S "Vi ~ ~ .u ~~ ~ ~-o 0 ~ " ,. '" '" 0 ~ ",,, ~ S o " 0 .- " " ~ "0 E ,. 1:: P- o :g 0 -0 .u 5 E <.> " CD v ." 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T . . . ~ ~ EN HILLS MEMORANDUM DATE: May 23 , 2002 TO: Mayor and City Council Joc Lynch, City Administrator~\"'I City Accountant/City Treasurer FROM: SUBJECT: cc: Terrance Post Personnel Filc ENCLOSURES: State Statutes Re: Clerk Duties, Treasurer Duties Memorandum-May 20, 1992, Pay Plan, Resolution Nos. 92-54, 55 2002 City Accountant Job Description Background After receiving a Jetter from City Accountant/City Treasurer Terry Post indicating he had resigned from a "voluntary" position with the City, the Council directcd me to investigate and return with information on the situation. I have also provided my interpretation options for the Council to consider and recommendation for solution. In April of 1992, Mr. Post was hired under a contract with an agency to assist in accounting and other areas. He was classified as the temporary City Accountant. The City had a City Treasurer at that time, Frank Green, who performed the statutory duties as described in the enclosed description. In May of 1992, a rccommendation was made to retain Mr. Post as the temporary City Accountant on the City payroll for 30 hours per week [or the remainder of the contract pcriod, and to hire Mr. Post at 85% of the current position salary range. This was passed unanimously by the Council. At the July 20, 1992 City Council Work Session, the Council discussed hiring the tcmporary City Accountant at the 90% step salary range for this position. Staff was directed to prepare documentation to hire and appoint Mr. Post to the position of City Treasurer [or action at the July 27,1992 regular City Council mecting. T Memo to Mayor and City Council May 23, 2002 City Accountant/City Treasurer 2 . At the July 27, 1992 regular meeting, Council accepted the resignation of City Treasurer Frank Green, due to relocation, and approved the rccommendation to hire Mr. Post to fill the City accountant vacancy. The recommendation also included a description of the work Mr. Post performed during this period. A copy is enclosed for your information and review. At this same meeting, Resolution No. 92-54 was adopted allowing Mr. Post to transfer funds by telephonic instruction. The Resolution names Mr. Post as the City Treasurer. Resolution No. 92-55 was also adopted authorizing the City Treasurer, Mr. Post, to becomc one of the Signatures for Depositories and for Corporation Authorization. I have enclosed the job description for the current position. In my opinion, the City Accountant position and the City Treasurer are linked. Obviously, at the time, the City Council felt comfortable appointing one person to do both jobs. Mr. Post has been performing the duties related to both positions for the last ten (l0) years. Tn discussion with Mr. Post, he indicates that the City Treasurer position is one that should be re- examined by the Council. His opinion is that there are certain management fiduciary responsibilities above and beyond those of an accountant. He feels that this is a position that should report directly to the City Council. It is also his opinion that the position should also be able to comment directly to the Council on all management decisions. Tn consultation with the City Attorney, he indicatcs that there is no statutory "voluntary" Treasurer position with the City. The City does not have an Ordinance combining the position of the City Clerk and City Treasurer. The City can combine these positions, if desired, by Ordinance. I would arglle against this on the basis of the current workload of both positions (City Administrator and City Accountant/City Treasurer). . Options The Council can consider the following options for moving ahead on this issue: Option A: Find that the position of City Treasurer is separate and distinct from that of City Accountant and either create that position and determine separate duties and responsibilities for the position. Council could determine that it wants to combine City Treasurer duties with Clerk duties and create the position of Clerk-Treasurer. If Council chooses this option, and creates another position within the City, or combines it with the City Clerk, this would require a re-examination of the City AccOlmtant position. Everything from a revised job description to a revision in the pay equity points and the current salary range would need to be examined. . - . . . Memo to Mayor and City Council May 23, 2002 City Accountant/City Treasurer 3 Option B: Council could find that the City Accountant and City Treasurer position is one, and continues to be one position performed by the same pcrson. This would indicate to Mr. Post that it is your expectation that he needs to do both parts of his job. If he continues to indicate his unwillingness to do a part of his job, Council will have to consider discipline, including termination for failure to perform his job. Recommendation While there is some merit to the argument being presented by Mr. Post about expressing an indcpcndent voice regarding policy and managcrnent decisions, Mr. Post has that ability now. Separation of the duties of City Accountant and City Treasurer would not be advisable for several reasons: . Physically and financially the City cannot afford another part-time or full-time position. . This position has functioned well for ten (l0) years and the duties have been capably fulfilled by a single person. . Shifting this responsibility to another position changes the priorities and possibly changes the skills and abilities required for that position. It also would mean that other tasks would either not be done or shifted to others, possibly reaching a level whcre skills and abilities would be unable to get those jobs done. I recommend the following: . Find that thc position of City Treasurer is necessary in thc City of Arden Hills. . Find that the position of City Treasurcr is not a voluntary position, and has not been since July 27,1992. . Find that the dutics and responsibilities of City Treasurcr, as determined by State Law, and as rcquired by the City from time to time, can be performed by one person in one position, City Treasurer/City Accountant. . Find that the duties and responsibilities of City Treasurer should be specifically denoted in the job description of City Accountant, if you find there is not sufficient evidence of such requirements in the current description. . Find that both positions have been perfonned by Mr. Post for the last ten (10) years. . Find that both positions should continue to be performed by Mr. Post as the City Accountant. . Find that if Mr. Post indicates refusal to perform the duties of City Treasurer as found necessary and as directed by Council, Mr. Post be informed that he could be terminated for insubordination and failurc to perform his job as directed. Minnesota Statutes 2001, 412.241 Mjrmcsola Statutcs,2001, Table of Chapters Table of contents for Chapter 412 412.241 Council to control finances. The council shall have full authority over the financial affairs of the city, and shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public moneys. HIST, 1949 c 119 s 31; 1973 c 123 art 2 s 1 subd 2 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisoLleg.state.mn.us/stats/412/241 .html Page I of 1 5/14/2002 .... . . . Minnesota Statutes 2001, 412.541 Minnesota Statutc;s 2QQ I, Iabk QLClJ!!lLtGIs eIilblc of contcnts [or Chapter 412 412.541 Optional plans~ Subdivision 1. Optional Flan A. Any statutory city may provide for the appointment of its clerk and treasurer, or clerk-treasurer and the election of an additional council member as hereinafter provided in this chapter. These departures from the standard form of government are referred to hereafter as Optional Plan A. Subd. 2. Optional Plan B. Any statutory city of more than 1,000 population may provide for the council-manager plan of government hereinafter provided in this chapter and referred to as Optional Plan B. Subd. 3. Repealed, 1967 c 289 s 18 e Subd. 4. Adoption or abandonment; standard form. Any one of such plans may be adopted or abandoned in a city by following the procedures set forth in section~_::!:?"~,,,,?,,?_~_. Until the adoption of an optional plan, and except as provided in section _tlo_~_?_?.1....?., every city shall operate under the standard form of government earlier provided in this chapter under which the voters elect the treasurer, if there is one, and a council consisting of a mayor, three or five council members, and the clerk or clerk-treasurer. HIST: 1949 c 119 s 66; 1965 c 417 s 6,7; 1967 c 289 s 8,9; 1973 c 123 art 2 s 1 subd 2; 1986 c 444; 1989 c 30 s 6 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. . htlp://www.revisor.leg.state.mn.us/statsl 412/541.htrnl Pagc 1 of I 5/14/2002 Minnesota Statutes 2001, 412.572 Mimlcsota SJatutes. 20Q.L Table of Chapters Table of contenls for Chapter 41 2 4~2.572 Conversion to Optional Plan A. Subdivision 1. Assumption of Plan A. Except as otherwise provided by this section, on January It 1970, every statutory city operating under the standard plan of government shall assume the Plan A form of government as prescribed by chapter 412 in the same manner as if the change to Optional Plan A form of government had been approved by the voters in the manner prescribed by that chapter. Subd. 2. Referendum on petition. Prior to January If 1970, the city council may, and upon petition therefor signed by voters equal in number to at least 15 percent of the electors voting at the last previous city election, shall, submit to the voters at a regular or special election the question of adopting Optional Plan A. Subdivision 1 of this section shall not be effective in any city where such an election is held unless a majority of the votes cast on the question in such an election are in the affirmative. If the majority of votes cast on the question are not in the affirmative, such a city shall remain a standard plan city. The question on assuming Optional Plan A shall be that provided by section 412.551, subdivision 2. Subd. 3. After January 1, 1970. Nothing in this section shall prevent an Optional Plan A city from abandoning such plan in the manner provided in section 412.551. Nothing in this section shall prevent any standard plan city from adopting an optional plan after January 1, 1970. HIST: 1967 c 289 s 17; 1973 c 123 art 2 s 1 subd 2 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/412/572.html Page I of I . . . 5/14/2002 Minnesota Statutes 2001, 412.581 Minnesota Statutcs 20Q 1, IiJbJe of Chaptcrs eTiJbJeQfcOlllents for Chaptcr 412 412.581 Officers. In any city operating under Optional Plan A except a city having a larger council under repealed section subdivision 4/ the council shall be composed of five or seven members consisting{ except during the initial period of its operation as provided in section 412.571, of the mayor and four or six council members and, except as provided in that section, the clerk and treasurer or clerk-treasurer shall be appointed by the council for indefinite terms. HIST, 1949 c 119 s 74; 1965 c 417 s 11; 1967 c 289 s 13; 1974 c 337 s 11; 1986 c 444; 1989 c 30 s 9; 1997 c 7 art 1 s 136 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. e . http://www.revisoLleg.state.mn.us/stats/4l2/581.htJnl Page 1 of 1 5/14/2002 Minnesota Statutes 2001,412.141 Minncsota Statutc,,200L TablcofChaptcrs Table of contents for Chapter 412 412.141 Treasurer's duties. The treasurer shall receive and safely keep all moneys belonging to the city, including moneys received in operations of any municipal liquor dispensary maintained by the city, and shall promptly enter in a book provided for the purpose an account of all moneys received and disbursed as treasurer, showing the source and objects thereof with the date of each transaction. The treasurer shall payout money only upon the written order of the mayor and clerk, or such other officers of independent boards or commissions as are authorized to issue orders in the case of board or commission operations. Such orders when paid and canceled shall be retained as treasurer's vouchers. Such accounts and vouchers shall be exhibited to the council upon its request. The treasurer shall deliver to a successor all books, papers and money belonging to the city. The treasurer shall immediately after the close of the calendar year make out and file with the clerk for public inspection a report of balances, receipts and disbursements by funds for the year. The treasurer may, with the consent of the council appoint a deputy treasurer for whose acts the treasurer shall be responsible and whom the treasurer may remove at pleasure. In case of the treasurer1s absence from the city or disability, the council may appoint a deputy treasurer, if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the treasurer. HIST, 1949 c 119 s 17; 1951 c 378 s 5; 1973 c 123 art 2 s 1 subd 2i 1986 c 444 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.statc.mn.us/stats/412/l41.html Page 1 of] . . . 5/14/2002 - Minnesota Statutes 2001,412.591 Minncsot<lSta!utcs 2001, Table ofChaptcrs . Table Q(c_ontenls for Chapter 412 . . 412.591 Duties of clerk. Subdivision 1. The clerk shall perform all the duties imposed on the clerk in cities generally but shall not be a member of the council, except that when Optional Plan A is first adopted in any city, the incumbent clerk shall continue to be a member of the council until the expiration of the term. The duties of the treasurer if that office exists shall not be affected by adoption of Optional Plan A. Subd. 2. Cities operating under Optional Plan A may, by an ordinance effective after the expiration of the term of the incumbent treasurer at the date of adoption of Optional Plan A, combine the offices of clerk and treasurer in the office of clerk-treasurer and thereafter the duties of the treasurer as prescribed by this chapter shall be performed by the clerk-treasurer. The offices of clerk and treasurer may be reestablished by ordinance. If the offices of clerk and treasurer are combined as provided by this section, and the city1s annual revenue for all governmental and enterprise funds combined is more than $100,000, the council shall provide for an annual audit of the cityrs financial affairs by the state auditor or a public accountant in accordance with minimum procedures prescribed by the state auditor. If the offices of clerk and treasurer are combined and the cityrs annual revenue for all governmental and enterprise funds combined is $100,000 or less, the council shall provide for an audit of the city1s financial affairs by the state auditor or a public accountant in accordance with minimum audit procedures prescribed by the state auditor at least once every five years, which audit shall be for a one-year period to be determined at random by the person conducting the audit. HIST: 1949 c 119 s 75; 1961 c 230 s 4; 1965 c 417 s 12; 1973 c 123 art 2 s 1 subd 2; 1973 c 492 s 14; 1986 c 444; 1994 c 546 s 2 i 1995 c 27 s 3 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/ 412/5 91.html Page 1 of 1 5/1412002 Minnesota Statutes 2001,412.641 Minnesota Statutes 20m, Table of Chapters Table of eOl1tents for Cbaptcr 417 412.641 Manager. Subdivision 1. The city manager shall be chosen by the council solely on the basis of training, experience, and administrative qualifications and need not be a resident of the city at the time of appointment. The manager shall be appointed for an indefinite period and may be removed by the council at any time, but after having served as manager for one year the city manager may demand written charges and a public hearing on the charges before the council prior to the date when final removal takes effect. A demand for written charges and a hearing must be made within seven days of notification of the council's intent to remove the city manager. The council shall set a date and a reasonable time for a public hearing, which must be held within 30 days of the demand and may not be reconvened or recessed until a further date, absent approval of the council. The council shall notify the city manager within five days of the hearing, of the council's decision to retain or remove the city manager. The decision of the council is final. Pending such hearing and removal, the council may suspend the manager, with or without pay, at the councills discretion, from office. The council may designate some properly qualified person to perform the duties of the manager during absence or disability. Subd. 2. First manager. As soon as practicable after the adoption of Optional Plan B in any city, the council shall appoint the first manager under subdivision 1. HIST: 1949 c 119 s 80; 1973 c 123 art 2 s 1 subd 2; 1986 c 444; 1993 c 315 s 14 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/ 412/64 1 .hlml Page I of 1 - . . . 5/14/2002 Minnesota Statutes 2001, 412.651 Page 1 of1 ~ Minnesot<!Slatutes2QOJ, Table of Ch<!ptGI:3 . IJ!ble of contents forChapter 412 412.651 City managerj powers and duties. Subdivision 1. have the powers and subdivisions. Generally. The duties set forth city manager shall in the following Subd. 2. Enforcement. The city manager shall see that statutes relating to the city and the laws, ordinances and resolutions of the city are enforced. Subd. 3. Appointment of personnel. The city manager shall appoint upon the basis of merit and fitness and subject to any applicable civil service provisions and, except as herein provided, remove the clerk, all heads of departments, and all subordinate officers and employeesi but the appointment and removal of the attorney shall be subject to the approval of the council, Subd. 4- control over created under council. Control. The city manager shall exercise all departments and divisions of the administration Optional Plan B or which may be created by the . Subd. 5. Council meetings. The city manager shall attend all meetings of the council with the right to take part in the discussions but not to vote; but the council may in its discretion exclude the city manager from any meetings at which the manager1s removal is considered. Subd, 6. Recommend ordinances and resolutions. The city manager shall recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the affairs of the city. Subd. 7. Advise; annual budget. The city manager shall keep the council fully advised as to the financial condition and needs of the city and the city manager shall prepare and submit to the council the annual budget. Subd. 8. Administrative code. The city manager shall, when directed to do 80 by the council, prepare and submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time the city manager shall suggest amendments to such code. Subd. 9. Additional duties. The city manager shall perform such other duties as may be prescribed by the statutes relating to Optional Plan B cities or required by ordinance or resolutions adopted by the council. . HIST, 1949 c 119 s 81; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 Copyright 200~ by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.statc.mn.us/stats/412/651.html 5/14/2002 Mimlesota Statutes 2001, 412.661 Minneso.ta Statutes 2001, Table of Chapters Table af cQJltents far Chgnter 412 412.661 Limit on council powers. Neither the council nor any of its members shall dictate the appointment of any person to office or employment by the manager, or in any manner interfere with the manager or prevent the manager from exercising judgment in the appointment of officers and employees in the administrative servicei but this shall not be construed to prohibit the council from passing ordinances for establishing a merit system governing city employment. Except for the purpose of inquiry, the council and its members shall deal with and control the administrative service solely through the manager, and neither the council nor any of its members shall give orders to any subordinate of the manager, either publicly or privately. HIST, 1949 c 119 s 82; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/ 4l2/661.html Page 1 of 1 5/1412002 ~ . . . Minnesota Statutes 2001, 412.671 Minnesota Stal:gtc~2()() I, Table QLCh?ptc[s . T;ilile.of cont~11.ts for Chapter 412 . . 412.671 Creation of departments; divisions and bureaus. The council may create such departments, divisions, and bureaus for the administration of the affairs of the city as may seem necessary, and from time to time may alter their powers and organization. It may, in conjunction with the manager, prepare a complete administrative code for the city and enact it in the form of an ordinance, which may be amended from time to time by ordinance. HIST, 1949 c 119 s 83; 1973 c 123 art 2 s 1 subd 2 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/412/671.html Page I of 1 5/1412002 Minnesota Statutes 2001, 412.681 Minncsota Statutcs 2001. Table ofChaptcrs Table of contellts f(1r Chapter 412 412.681 Officers are under manager; may be combined or abolished. There shall be a clerk, a treasurer, and such other officers subordinate to the manager as the council may create by ordinance. The clerk shall be subject to the direction of the manager and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The clerk may be designated to act as secretary of the council. The treasurer shall have the powers and perform the duties imposed upon treasurers under the laws relating to cities generally. The council may by ordinance abolish offices which have been created by ordinance and it may combine the duties of various offices as it may deem fit. The council may provide for the performance by the manager of the duties of any officer except the treasurer. HIST, 1949 c 119 s 84; 1955 c 867 s 6; 1973 c 123 art 2 s 1 subd 2; 1986 c 444 Copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisoLleg.state.mn.us/stats/412/681.html Page 1 of 1 5/1412002 . . . . . . "'I.. I !.' , /I'Ll CITY OF ARDEN HILLS MEKIlANDtJM DATE: May 20, 1992 TO: Mayor and city council FRQI: catherine J. Iago, Acting Clerk Mministrator Request to Hire city 1\cooUD.tant S1Jll.JB:T : Tenp::lrary city A=untant Terl:y Post has been employed at city Hall since April 30, 1992. He is currently working with Olsten Tenp::lrary Services and Council has authorized he remain as a temporary employee until May 22, 1992 working 40 hours per week, at a rate of $23.00 per hour. DurirB the past three weeks, Mr. Post has been working on the followirB i tents: CHARITABLE GAMBLING: ReviewirB the feqsibility of initiatirB the 3% charitable garnblirB tax. ContactirB licenses regarding quarterly payments of 10 percent tax. ReviewirB the existirB reportirB system outlined by licensees to insure amounts of contrihitions are a=ate. RECYCLING: Initiatro recyclirB surcharge to be inposed on rnulti-dwellirB units and the trailer park. MISCELIANEDUS: Reviewed management reportirB with Finance CoIIlmittee members. Reviewed Worker's Carrq:lensation claiIns and audit results. Assisted with the resolution of contractor payment f= the Cleveland Avenue Lift station Project (Lametti & Sons). Investigatro collaterial needs and reviewed cost effectiveness of current use of balance for payroll fundirB. Prepared financial documents for Council infonnation. Con:h1cted a meetirB with Auditors to review adjustirB entries and book 1992 referencirB entries. Pr=eeded with health insurance proposal f= employees. CaIlpletro stanton SUrvey infonnation. Participatro in staff meetings and provided pertinent information on financial mtters. CaIlpiled infonnation for rebnbursernent of funds for the Presidential Primary from the state. In addition to the items =vered above, Terry has displayed initiative, cooperation, a willingness to assume any task directed. He is innovative arrl =ntributes =eative ideas during staff discussions. He appears to be a team player arrl displays flexibility in dealing with the public arrl co-workers. Terry is very thorough in his research arrl offers sound recommendations to staff. REXXM1ENDATION: staff recornmen::ls Council =nsider hiring Terry Post as a regular full ti1ne employee at a starting salary of $35,983, 85% of the maximum f= this IX'Sition. ACrION REOUIRED: If eouncil =ncurs with the aJ:ove recarnmendation, Coilllcil should pass a motion approving the hire of Terrance R. Post as the city A=untarrt at the starting salary of $35,983, step 2 of the 1992 Pay Plan. Upon completion of the =ent =ntract with Olsten 'l'elIpOrary Service arrl worJdn::r on a 30 hour per week basis until completion of the =ntract requirements. CJI/ts './ (;,/ l.A~""''--<-'-' ;" I ~-... -'. /'\_-'~~~ V /"': ~ I'''' ,- M92-171 'T" '8 ""X~::' -~; ~\ \ \ r, -.... '-'j< pC (, j '.... ! ~ , i ,..-'('f:\ 7......,. f.. .. <'J \.,] fJ . '\- ..'~ -\ ,I / -",,"- .,/," -""./"" /' / /,,'/' / ".-". ,/ 3/ ! -,.,...,.,,/ -~-~---._'" ---- '" -'-"'-""-.- . . >\, / . . . . ARDEN HILLS - 1992 PAY PLAN Illtlll Administrator 110 $42,024 $44,651 $47,277 Public Works Supt. 90 34,608 36,771 38,934 Parks Director 89 34,237 36,377 jj;j;jj!~~;* Accountant 88j;jjl'ljji~~~ 35,983 Deputy Clerk 81 31,271 33,225 Program Supervisor 76 31,255 Public Work Foreman 58 22,742 24,164 Public Works Maint 56 22,001 23,376 Sr Acctg Clerk 56 22,001 23,376 Parks Maint 53 20,888 22,194 38,100 35,180 33,094 25,585 24,751 24,751 23,499 Admin Secretary 52 20,518 21 ,800;jllgg;!l~~li Intermed Acct Clerk 48 19,034 20,224 Receptionist 46 jj;j;jtt~!g~~l;; 19,436 . Administrator is at step 3.5-Current pay is $47,174 PW Supt-Current pay is $40,000 Pks Dir-Current pay is $37,398 Acct-Current pay is $32,884 Dpty Clk-Current pay is $36,067 prgm Sup-Current pay is $31 ,255 PW Foreman-Current pay is $29,910 PW Maint-Current pay is $28,662 Sr Acct Clk-Current pay is $26,707 Pks Maint-Current pay is $27,602 Admn Sec-Current pay is $22,422 Int Acet Clk-Current pay is $23,793 Recpt-Current pay is $18,283 21,414 20,579 $49,904 $52,530 40,657 40,216 34,932 27,007 26,126 43,260 42,797 42,333 39,089 36,771 28,428 27,501 26,126 1111~!~g1m 24,805 24,365 26,111 25,647 22,603ijlljg~@g~ 21 ,723 22,866 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA . RESOLUTION NO. 92-54 RESOLUTION FOR TRANSFER OF FUNDS BY TELEPHONIC INSTRUCTIONS WHEREAS, the Norwest Bank Minnesota, N.A. is the depository in which funds of the City of Arden Hills may be deposited, and a corporate resolution with respect thereto is presently in effect authorizing the deposit and withdrawal of funds; and WHEREAS, the city of Arden Hills desires to add to and supplement said corporate resolution with the fOllowing resolution: RESOLVED, 1. Anyone of the following persons: Terrance R. Post, Treasurer Paul L. Malone, Councilmember Catherine J. Iago, Acting Clerk Administrator is authorized on behalf of this corporation to give instructions by telephone to the NORWEST BANK MINNESOTA, N.A., to transfer funds on deposit with the bank: a. to other accounts of this corporation with the bank; or . b. to other accounts of this corporation with other banks. 2. The bank is authorized to act on such telephonic instructions received by it from anyone who represents himself to be any of the above-named persons whether or not his voice resembles the voice of such person. 3. The bank is authorized in its sole discretion to refuse to honor telephone instructions and to insist upon written instructions signed by anyone of the persons named in paragraph 1 of this resolution. ADOPTED BY THE ARDEN HILLS CITY CO 1992. . . . . CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION 92-55 RESOLUTION DESIGNATING DEPOSITORIES AND CORPORATION AUTHORIZATION THIS IS TO CERTIFY that at a meeting of the city council of Arden Hills duly called and held July 27, 1992, the following resolution was adopted: RESOLVED, that the Norwest Bank Minnesota, N.A. shall be the official depository for all funds of the city of Arden Hills for the calendar year 1992; and BE IT FURTHER RESOLVED, that the City Treasurer shall from time to time, ascertain that adequate security as required by the laws of the state of Minnesota, is furnished by such depository to protect the city's deposited funds against financial loss; and BE IT FURTHER RESOLVED, that checks of this corporation drawn on Norwest Bank Minnesota, N.A., hereinafter called the Bank, shall be signed by three of the following officers: Thomas R. Sather Mayor Thomas Mahowald Acting Mayor or Catherine J. rago Acting Clerk Administrator Paul L. Malone Councilmember or Terrance R. Post Treasurer BE IT FURTHER RESOLVED, that the Acting Clerk Administrator is authorized to use a signature stamp at such time as it becomes necessary for Mayor Thomas R. Sather or Terrance R. Post, Treasurer. BE IT FURTHER RESOLVED, that the said bank is hereby authorized and directed to honor and pay any checks so drawn as above set forth, whether or not such checks be payable to the order of one of the foregoing persons either in his individual or official capacity or deposited to his individual credit, and whether or not such signatures are followed by the title or office of the person signing. PASSED AND ADOPTED BY THE CITY THIS 27TH DAY OF JULY, 1992. THE CITY OF ARDEN HILLS Clerk Administrator City of Arden Hills Job Description . POSITION: DEPARTMENT: REPORTS TO: AccountantfTreasurer Community Services Director of Community Services SUMMARY Prepares, analyzes, develops and maintains all financial statements, records and reports. Coordinates and supervises all clerical functions of the finance office and prepares annual fiscal reports. ESSENTIAL FUNCTIONS OF THE POSITION Establishes and implements sound accounting policies and practices. Directs and coordinates preparation of and monitors the annual budget. Directs investments based on established City policies and makes recommendations for . changes based on market or needs. Establishes controls for debt management to ensure the City meets its financial obligations. Oversees all accounting activities including cash receipts, cash disbursements, payroll, collections and billing. Manages charitable gambling activities and audits for ordinance compliance. Keeps City Administrator informed on all financial activities. Performs other duties as apparent or assigned. SUPERVISORY RESPONSIBILITIES Directly supervises employees in the Finance Department. Carries out supervisory responsibilities in accordance with the City's policies and applicable laws. Responsibilities include planning, assigning, and directing work; rewarding: assisting in disciplining employees; evaluating performance; and addressing complaints and resolving problems. . . QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's Degree in Accounting or related field. Minimum of three (3) years supervisory accounting experience; or equivalent combination of education and experience. LANGUAGE SKILLS Ability to read and interpret documents such as bond documents, investment reports, financial documents, state statutes, reports, policies, and regulations, contracts, and procedure manuals. Ability to prepare reports and correspondence. Ability to communicate effectively both orally and in writing with supervisors, City staff, elected officials, auditors, and the general public. . MATHEMATICAL SKILLS . Ability to make arithmetic computations using whole numbers, fractions and decimals. Ability to compute rates, ratios, and percentages. Ability to prepare internal rate of return and net profit. OTHER KNOWLEDGE, SKILLS, AND ABILITIES Knowledge of fund accounting. General knowledge of risk management, security, and utility accounting and operations. Knowledge of City operations, ordinances and practices relating to finance, budgeting and accounting. Knowledge of computers and software applications including financial, payroll, utility billing and fixed asset functions. Effective problem solving and communication skills. Ability to establish effective working relationships with contractors, developers, architects, engineers, owners and the general public. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, or feel objects, tools, or controls; sit; and talk or hear. The employee is occasionally required to stand; walk; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential fu nctions. The noise level in the work environment is usually moderate. . . . e. . ~ AGENDA Town Hall Meeting Saturday, April 20, 2002 9:00 a.m. Informal Registration/Greetings (Lobby) Mayor Probst and Councilmembers Aplikowski, Grant, Larson, and Rem with host an informal time of interaction With residents of Arden Hills. 9:30 a.m. Welcome - Mayor Probst (Council Chambers) Mayor Probst will present the "State of the City" address. 10:00 a.m. Questions of Council/Staff (Council Chambers) 11 :00 a.m. Ribbon Cutting Ceremony (Front Entrance) 12:00 p.m. Op"n House/Reception Council and staff will be available until 2:00 p.m. for residents to address them on various issues. Informational material will be available. Tours of our new city hall will be available. (All times are tentative) * Refreshments are available in the lobby HP Laser Jet 3200 (Ii)@ ~ HP LASERJET 3200 APR-26-2002 2:41PM i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Resu It 642 4/26/2002 2:3210PM Send 9,7634219511 0:00 0 Busy 643 4/26/2002 2:33:37PM Send 9,7634219511 1:05 1 OK 644 4/26/2002 2:34:47PM Send 9,6516286833 0:57 1 OK 645 4/26/2002 2:35:49PM Send 9,7637060891 I: 01 1 OK 646 4/26/2002 2: 36: 55PM Send 9.6516333846 I: 33 1 OK 647 4/26/2002 2:38:34PM Sene 9,6512282191 I: 05 I OK 648 4/26/2002 2:39:44PM Send 9.6512279371 0:39 I OK 649 4/26/2002 2:40:29PM Send 9,6514821262 0:40 1 OK -.