HomeMy WebLinkAboutCCP 07-08-2002
Mayllr
Dennis Probst
CitlHIril Members
Beverly Aplikowski
D.,..id Grant
Gregg Larson
Lois Rem
~
~HILLS
Arden Hills City Council
REGULAR
Jut 8,2002
City Philosophy
To . rovide a basic and necess sco e of uali services throu the innovative and
1245 W. Higbway 96
Arden mIls, Minnesota
55112
651.634.5120
Monda
seful use ofresources.
Agenda
City Council Special Meetine: Convenes 6:00 PM
DISCUSSION:
Interim Development Agreement
TeMP
(Due to unforeseen problems with the City's computer network connection, the some
supporting documents for this special meeting were not available at the time of packet
preparation. Said documents will be presented at meeting time. )
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Fax Call Report
Job Date Time Type Identifi cation Duration Pages Result
5 71 2/2002 8:40:31AM Send 9,7634219511 1:32 2 OK
6 71 2/2002 8:42:09AM Send 9,6516286833 1:17 2 OK
7 71 2/2002 8:43:31AM Send 9,7637060891 0:55 2 OK
9 7/ 2/2002 8:46: 13AM Send 9,6516333846 1:25 2 OK
10 71 2/2002 8:47:43AM Send 9,6512282191 1:24 2 OK
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Jul-D3-2DD2 11 :46
T-162 POD3
F-195
From-PETERSON FRAM BERGMAN
651ml!53
DRAFT
INTERIM AGREEMENT
1.0 Parties. THIS INTERIM AGREEMENT is dated the day of
-. 2002, and is entered into by and between the City of Arden Hills, a Minnesota
statutory city (herein "City") and CRR, LLC, a Minnesota limited liability company
("Developer").
2.0 Recitals.
A. WHEREAS. the City antlclpates reCeIVing from the General Services
Administration ("GSA") a conveyance of approximately 1,072 acres of the
former Twin Cities Army Ammunition Plant ("TCAAP Site") which is more
particularly described or illustrated on Exhibit A attached;
B. WHEREAS, the City desires to have the TCAAP Site developed as a mixed
use open space, recreational, commercial, residential and professional
development ("Project") generally consistent with the Vento Plan, attached
as Exhibit B ("TCAAP Utilization Plan");
C.
WHEREAS, the parties agree that the TCAAP Utilization Plan provides a
broad framework for the Project and that modification of the TCAAP
Utilization Plan may be necessary or appropriate due to economic,
environmental, or other factors;
D. WHEREAS, the City has selected the Developer to be the Master Developer
for the construction of the Project on the TCAAP Site subject to the
negotiation and execution of a Disposition and Development Agreement
("DDA");
E. WHEREAS, Developer, at its sole cost and expense, has agreed to assist the
City in obtaining a transfer of the TCAAP Site from the GSA and undertake
an extensive environmental analysis of the TCAAP Site in order to determine
if it is economically feasible to construct the Project on the TCAAP Site; and
F. WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the TCAAP
Site, the environmental survey and analysis of the TCAAP Site, the
preparation of a DDA which would become effective upon transfer of the
TeAAP Site to the City and the preparation of an Amendment to the
Jul-03-1001 11:47
From-PETERSON FRAM BERGMAN
6511181753
T-162 P 004
HiS
Comprehensive Land Use for the TCAAP Site ("Comprehensive Plan .
Amendment") for the TCAAP Site.
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
herein expressed, City and Developer agree to the following terms and conditions:
3.0 MajorTasks, The following major tasks shall be undertaken and completed by the
parties during the term of this Interim Agreement or any extension thereof.
A. Neeotiated or Leeislative Transfer of TCAAP Site,
1. DeveloDer Oblil!"ations. Developer shall accomplish the following
tasks:
a. Coordinate meetings between the City and GSA regarding
negotiation ofa non-competitive land transfer agreement.
b.
Negotiate with the United States Department of Defense,
Department of the Army ("Army") to minimize the institutional
controls and deed restrictions which are incompatible with the
City's Comprehensive Plan Amendment.
.
c. Negotiate with the Minnesota Army National Guard to meet
their needs efficiently and economically.
d. Formulate and implement strategy to ensure support of
Minnesota's Congressional Delegation,
e. Keep City apprised of status of all negotiations with various
agencies and parties through regular progress reports.
2. City Oblieations. The City shall accomplish the following tasks:
a. Review and comment on agreements proposed as a result of the
completion of Developer Obligations pursuant to 3.0(A)(I).
b. Assist with negotiation efforts of the Developer.
c. Participate in meetings.
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J"1-09-1001 11 :47
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From-PETERSON FRAM BERGMAN
65111B1759
T-!61 PODS
HiS
d.
Keep Developer apprised of status of all negotiations with
various agencies and parties through regular progress reports.
B. Environmental Analvsis of TCAAP Site.
1. Develoner Obli2ations. Developer shall accomplish the following
tasks:
a. Negotiate with state and federal regulators to detennine
standards that will be required for remediation and which are
acceptable to the Developer and City.
b. Ascertain the status of the Army's remediation efforts and
negotiate with the Army for the transfer of remediation
responsibility if deemed necessary or appropriate by the
Developer.
c. Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issues.
d.
Work with insurance carrier to manage environmental risk and
costs through specific pollution liability policies.
e. Coordinate financial arrangements and insurance liability to
maximize financing feasibility for redevelopment.
f. Developer shall have the right to enter TCAAP Site for the
purposes of conducting inspections and tests following
coordination with and approval from the federal government,
subject to the following terms and conditions:
(I) Developer shall pay for all testing, inspections, studies,
or surveys of the site. Developer shall keep the site free
and clear of all liens and shall repair any damage to the
site that is caused by or in any way connected with said
tests, inspections, studies, or surveys.
(2) Developer shall submit to the City a list of persons and
businesses who shall work on the site.
3
JuI-03-/00/ 11 :47
From-PETERSON FRAM BERGMAN
,51//81753
7-16/ P006
HiS
(3) Developer shall be responsiblc: for initiating, .
maintaining, and supervising all safety precautions and
programs in connection with any testing work on the site
as required by the federal government or the City.
(4) Developer shall give all notices lIlld comply with all
applicable laws, ordinances, rules, regulations, and
lawful orders of any public authori!)' bearing on the
safety of persons or property or their protection from
damages, injury or loss.
(5) Developer shall indemnify and hold the City harmless
for any damages caused by Developer's entry onto the
TCAAP Site. Developer shall provide City with a
Cenificate of Insurance indicating that Developer is
insured for such risks.
(6) Comply with other obligations for TCAAP Site access
as may be imposed by the federal government.
2.
City Oblieations. City shall provide Developer with environmental
data which City has for the TCAAP Site or which may be developed
as part of the preparation of the City's Comprehensive Plan
Amendment and Infrastructure Plan.
.
C. Preparation orLand Use and Infrastructure Plan.
I. Developer Oblieations. Developer shall accomplish the following
tasks:
a. Collect and analyze site data including:
(1) Review of on-base infonnation sources to identify
existing conditions.
(2) Perform building inspection, and infrastructure systems
surveys including location verification, inventory, and
condition evaluation.
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Ju1-D3-1001 11:47
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From-PETERSON FRAM BERGMAN
65111B1753
T-161 P 007/016 F-795
(3)
Evaluate the research and field investigation results to
identity system conditions, cupacities and constraining
elements of infrastructure as well as possible
opportunities for expanded service.
b. Share Information. Provide City with data obtained during
Developer's site review.
c. Review and Comment. Review and comment on drafts of the
City's Comprehensive Plan Amendment and Infrastructure
Plans as well as the City's economic impact study relative to
possible infrastructure financing.
2. City Obli~ations. The City shall accomplish the following tasks:
a. Request for Qualifitlltions. City shall prepare an RFQ and
reTain a planning consultant who shall prepare a Comprehensive
Plan Amendment and Infrastructure Plan for the TeAAP Site
to include the following elements:
(I)
Comprehensive Plan Amendment and Overlay Zoning
Ordinance, Design Guidelines, and related regulatory
changes to ensure implementation of the Comprehensive
Plan Amendment.
(2) Transponation analysis and study.
(3) Preliminary layout of infrastructure (street, sewer, water,
and storm water).
b. Retain Financial Consultant. Retain financial consultant to
provide an economic impact study for the construction and
payment of public infrastructure improvements for the TCAAP
Site.
c. Compr"'hensive Plan Amendm"'nt. Submit Comprehensive
Plan Amendment to Metropolitan Council for review.
5
Jul-OH002 11 :47
From-PETERSON FRAM BERGMAN
651Z181T53
T-162 P 008/026 H85
d.
Public fuuut. Retain the University of Minnesota Design
Center for the AmericlUl Urban Landscape to conduct
community meetings regarding the reuse of the TCAAP Site.
e. Plan Review. Review and comment on data collected and
analyzed by Developer.
f. Share Information. Provide Developer with data obtained
during City's activities pursuant to this Section 3.C.2.
D. Disposition and Development Al!reement.
I. Exclusive Rie-hl to Nee-Miate. During the term of this Interim
Agreement, Developer shall have the exclusive right to negotiate with
the City regarding the acquisition and development ofthe TCMP Site
or any portion thereof. City shall not solicit or entertain bids or
proposals from third panies in regard to disposition and development
of any portion of the TCAAP Site without prior wrinen consent of the
Developer.
2.
Developer Participation. The parties anticipate that during the term
ofthis Interim Agreement, communications and negotiations with the
Army, GSA, and other third parties may take place concerning the
acquisition of the site and necessary approvals for any proposed
projects. Developer shall be entitled to participate in such discussions
unless any said third pany objects to the participation by the
Developer; or it is legally inappropriate for the Developer to participate
in the discussions or negotiations taking place in a closed-session of a
public agency. Each party hereto shall keep the other party informed
as to the nature and pro gress of any such discussions.
3. Rel!ular Meetings. The parties shall conduct regularly scheduled
meetings until the initial draft of the DDA is prepared and subsequent
meetings as necessary to incorporate data obtained during the
environmental analysis of the TCAAP Site and the preparation of the
City's Comprehensive Plan Amendment and Infrastructure Plans.
E. Cost Reimbursement. The Developer shall reimburse the City for nIl costs
which the City incurs during the term of this Interim Agreement in the
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Jul-03-1001 11:47
From-PETERSON FRAM BERGMAN
6511181753
T-161 P 009/016 F-795
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discharge of the duties hereby imposed on the City including, but not limited
to, engineering, legal, and planning consultants; and administrativc time and
cxpenses incWTed by the City; and whcre decmed appropriate by the City
Council, travel incWTed by City Officials occasioncd by attending meetings
with third parties at Developer's request (all hercin "Reimbursable
Expenses"). The City's estimated budget for reimbursable expenses and
billing rates is attached as Exhibit C. Changes to estimated budgets shall be
approved by the Developer and the City Administrator.
I. Restricted Account. Upon execution of this Interim Agreement,
Developer shall deposit $100,000 with City which shall be placed in
a restricted account and may only be used by City for reimbursable
expenses. Prior to making a draw on a restricted account, City shall
notifY Developer. The notice shall include a documentation of costs
incWTed. Each time the balance in the restricted account drops below
$50,000, Developer sh'lll deposit an additional $50,000.
2.
Avoidance of Duplication. City agrees to keep Developer apprised
of the reimbursable expenses which are being incurred so that each
party can attempt to avoid a duplication of services and expenses;
provided that, the City, in its sole discretion, may determine which
reimburs'lble costs are necessary for the City to incur in order to satisfy
its obligations pursuant to the terms of this Interim Agreement.
.
F. Limitations. This Interim Agreement does not constitute a disposition of
property or any waiver of the exercise of control by the City. Execution of
this Interim Agreement by the City is merely an agreement to enter into a
period of exclusive negotiations according to the terms hereof, reserving final
discretion approval by the City as to any Disposition and Development
Agreement and all proceedings and decisions in connection therewith. The
City and Developer understand that the property in question is currently
owned by the United States Government and that the purpose ofrhis Interim
Agreement is to assist in negotiations with said Government to have the site
conveyed to the City on terms and conditions favorable to the City and for the
purposes outlined in this Interim Agreement or as may be described in a final
Disposition and Development Agreement.
G. Term of Al!reement. This Interim Agreement shall become effective upon
execution by City and Developer ("Commencement Date") and shall
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J"I-03-2002 11:47
From-PETERSON FRAM BERGMAN
6512281753
T-162 P 010/026 F-715
terminatr:; in twelve (12) months from such Commencement Date unless .
terminated at an earlier date or extended as hereinafter provided:
I. Developer Non-feasibility Determination. If at any time the
Developer determines that the development of the TCMP Site is not
feasible for any of the following reasons, Developer can terminate this
Interim Agreement in its sole discretion:
a. Inability to negotiate with government agencies under
economical terms for the disposition and remediation of the
TeMP Site.
b. Discovery of environmental conditions not currently anticipated
and remediation costs associated therewith which would make
the development not economically feasible.
c. Failure of the City to adopt a Comprehensive Plan Amendment
consistent with the TCAAP Utilization Plan.
d.
Determine pursuant to the feasibility studies described in
Section 3.B. I .c. that private development of the TCAAP Site by
the Developer is not feasible.
.
e. Failure to secure governmental approvals which would allow
the Projec1: to proceed.
2. City Best Interest Determination, If, at any time, the City determines
that it is not in the best interest of the City to obtain the TCMP Site
for any of the fOllOWing reasons, City can terminate this Interim
Agreement in its sole discretion:
a. A proposal to transfer property in a manner that would expose
the City to unacceptable environmental remediation risks,
b. Failure of Developer to propose a land development plan
consistent with the TCAAP Utilization Plan and the City's
Comprehensive Plan Amendment.
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Jul-03-1001 11 :48
From-PETERSON FRAM BERGMAN
651ml153
T-161 P.Ol1/016 F-195
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3.
Failure to Reach Al!reement. If either party has not been able to
complete its obligations underthis Interim Agreement within the initial
twelve-month term, but has made reasonable progress; and if the
delays are the result of matters beyond the party's control, the party
may extend the term of this Agreement for an additional twelve
months by written notice to the other party. Thereafter, the term of this
Agreement may be extended by mutual consent of the parties for six
additional months.
4. Default. If Developer fails to perform its obligations under Section
3.0E, the City may serve Notice of Default upon the Developer, by
certified mail, return receipt requested, The Developer shall have
thirty (30) days from the date of the Notice of Default to cure the
default or the City may terminate this Interim Agreement.
H. Data and Reports, Developer shall provide City with copies of the reports
and studies as identified on Exhibit D. If this Agreement is terminated, the
City may retain such data and reports upon puyment of $ to the
Developer.
.
I.
Notice and Corre~Dondence. Any notice required to be given to either party
shall be in writing and deemed given ifpersonally delivered upon the other
party or deposited in the United States mail, and sent certified mail, return
receipt requested, postage prepaid and addressed tq the other party at the
address set forth below or sent via facsimile transmission during normal
business hours to the party to which notice is given at the telephone number
listed for fax transmission,
I. Develope... Notices to Developer shall be addressed to the following
party:
2. City. Notices to the City shall be addressed to the fOllowing party:
9
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J"1-03-2002 II ,~9
From-PETERSON FRAM BERGMAN
6512291753
T-162 P012/026 F-7iS
J.
Entire Aereement. This Agreement contains the entire agreement of the
parties with respect 10 the matters covered by this Agreement and no other
statement or representation by any employee, officer or agent of any party,
which is not contained in this Agreement, shall be binding or valid.
.
K. Modification. This Agreement is not SubjeC1 10 modification except in
writing.
1. Interoretation. This Agreement has been negotiated by and between the
representatives of both parties, all persons knowledgeable in the subject matter
of this Agreement, and each party had the opportunity to have the Agreement
reviewed and drafted by their respective legal counsel. Accordingly, any rule
of law or legal decision that would require interpretation of any ambiguities
in this Agreement against the party that has drafted i1 is not applicable and is
waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to effect the purpose of the parties and this Agreement.
M.
Caotions. Titles or captions of sections and paragraphs contained in this
Agreement are inserted only as a matter of convenience and for reference, and
in no way define, limit, extend or describe the scope of this Agreement or the
intent of any provisions.
.
N. Relationship of Par-ties. Nothing in this Agreement shall create a joint
venture, partnership, or principal-agent relationship between the panies.
O. Waiver. No waiver of any right or obligation of either party hereto shall be
effective unless in a writing, SpecifYing such waiver, executed by the party
against whom such waiver is sought TO be enforced. A waiver by either party
of any of its righ1:s under this Agreement on any occasion shall not be a bar to
the exercise of the same right on any subsequent occasion or of any othe::rrighr
at 1he time::.
P. Counterparts. This Agreeme::nt may be executed in two counterparts, each
of which shall be deemed an original, but both of which shall be deemed to
constitute one and the same instrument.
Q. Attornev's Fees. In the event of any controversy, claim or dispute relating
to this Agreement, or the breach or interpretation thereof, each pany shall bear
its own costs.
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. Jul-03-1001 11:48
From-PETERSON FRAM BERGMAN
6511181753
T-15Z POl3/0Z6 F-795
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R.
Further Assurances. The parties each agree to make, execute and deliver
such other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Agreement.
S. Exhibits. The following listed exhibits are attached hereto and incorporated
herein.
I. Exhibit A - TCAAP Site.
2. Exhibit B - Vento Plan.
3. Exhibit C - City Budget.
4. Exhibit D - Data and Reports.
T. Time and Benefit. Time is hereby declared to be of the essence of this
Agreement and each and every provision hereto. This Agreement shall inure
to the benefit of the parties, their heirs, trustee, representatives, administrators,
successors and assigns.
.
II
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Ju I-03-1D01 II: 49
From-PETERSON FRAM BERGMAN
6511291753
T-161 P014/016 F-le5
IN WrfNES S WHEREOF, the parries have hereumo set their hands the day and year .
first above wrinen.
DEVELOPER: CRR, LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before me, a Notary Public
within and for said county, personally appeared , a . and
executed the foregoing instrumem and acknowledged that he executed the same by authority
of and on behalf of CRR, LLC.
Notary Public
CITY OF ARDEN HILLS
.
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA )
)ss
COUNTY Of )
On this _ day of , before me, a Notary Public within and
for said county, personally appeared Dennis Probst and Joseph Lynch, to me known to be
the Mayor and City Administrator, for the City of Arden Hills and they executed the
foregoing instrument and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
Notary Public
f:\l1ser:i\LORJ\Te.rry\^fdctl Hills.\TCAA?\TC^^PJn~rim,^Sf-ll ,wpd
July 3, 2002 (1\ :IOAM)
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Jul-03-2002 11:48
.512281753
T-I.2 P015/02. P-185
Prom-PETERSON PRA~ BERGMAN
DRAFT
INTERIM AGREEMENT
1.0 Parties. THIS INTERIM AGREEMENT is dated the day of
, 2002, and is entered into by and between the City of Arden Hills, a Minnesota
statutory city (herein "City") and CRR, LLC, a Minnesota limited liability company
("Developer").
2.0 Recitals.
A. WHEREAS, the City anticipates receIVIng from the General Services
Administration ("GSA") a conveyance of approximately 1 ,072 acres of the
former Twin Cities Army Ammunition Plant ("TCAAP Site") which is more
particularly described or illustrated on Exhibit A attached;
B. WHEREAS, the City desires to have the TCAAP Site developed as a mixed
use open space, recreational, commercial, residential and professional
development ("Project") generally consistent with the Vento Plan. attached;
as: Exhibit B ("TCAAP Utilization Plan"); ... . . ......
C.
WHEREAS, the parties agree that the TCAAP Utilization Plan provides a
broad framework for the Project and that modification of the TCAAP
Utilization Plan may be necessary ov appropriate due to economic,
environmemal, or other factors;
D. WHEREAS, the City has selected the Developer to be the Master Developer
for the constrUction of the Project on the TCAAP Site subject to the
negotiation and execution of a clDisposition and dQevelopment ttA.greement
("DDA");
E. WHEREAS, Developer, at its sole COSt and expense, has agreed to assist the
City in obtaining a transfer of the TCAAP Site from the GSA and undenake
an extensive environmental analysis of the TCAAP Site in order to determine
if it is economically feasible to construct the Project on the TCAAP Site; and
F.
WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the TCAAP
Site, the environmental survey and analysis of the TCAAP Site, the
preparation of a DDA which would become effective upon transfer of the
TCAAP Site to the City and the preparation of ""Tjb.'l'/';l'lrj,ine:ri.t:t6:th.e
Jul-03-2002 11 :49
From-PETERSON FRAM BER,MAN
6512291753
T-162 P 016/026 F-795
Comprehensive Land Use for the''fC!Y\F'::Slt~;(~'Co~p,':''eb'ensi~~::Plan .
~!l1,~,l!d":l:ent':l for the TCAAP Site.
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
herein expressed, City and Developer agree to the fOllowing terms and conditions:
3.0 Definition].
4-1.0 Major Tasks. The following major tasks shall be undenaken and completed by the
parties during the term of this Interim Agreement or any extension thereof.
A. Neeotiated or LeeisJative Transfer ofTCAA P Site.
I. Develoner Oblil!ations. Developer shall accomplish the following
tasks:
a. Coordinate meetings between the City and GSA regarding
negotiation of a non-competitive land transfer agreement.
b.
Negotiate with the United StatesDel'artmenrof:Defense.
Department of the Army ("Arnn;:')to minimize thcinstitutional
conrrols and deed restrictions which are incompatible with the
City's Maslc:[COmprehcnsive Plan Ant'endnient.
. .-,... ..".' """"'" ,.
.
c. Negotiate with the Minnesota Army National Guard to meet
their needs efficiently and economically.
d. IFormuJare, and .implement strategy to ensure support of
Minnesota's Congressional Delegation.
e. Keep City apprised of status of all negotiations with various
agencies and parties through regular progress reports.
2. City ObJil:ations. The City shall accomplish the following tasks:
a. Review and comment on agreements proposed as a result of the
completion of Developer Obligations pursuant to 3.0(A)(I).
b. Assist with negotiation efforts of the Developer.
"
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Jul-03-1001 11 :48
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From-PETERSON FRAM 8ERGMAN
8511181153
T-!81 P 0IT/01E F-TBS
c.
Pmicipate in meetings.
d. Keep Developer apprised of status of all negotiations with
various agencies and pmies through regular progress reports.
B. Environmental Analvsis ofTCAAP Site.
I. Developer Obli~ations. Developer shall accomplish the following
tasks:
a. Negotiate with state and federal regulators to determine
standards that will be required for remediationllild which"are
acceotable:.to the Developerand'Ci!yc
b. NAscertainthestatusof the ArmX,}Temediation efforts~nd
negotiate with the Army for. the transfer of remediation
responsibility ,if deemed necessa:r,.v~rfiT'rtopriateb)" 'the:
Developer.
c.
Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issues.
d.
Work with insurance carrier to manage environmental risk and
costs through specific pollution liability policies.
e. Coordinate financial arrangements and insurance liability to
mffiaximize financing feasibility' for redevelopment.
f. Developer shall have the right to enter TCAAP Site for the
purposes of conducting inspections and tests following
coordination with and approval from the federal government,
subject to the following terms and conditions:
(I) Developer shall pay for all testing, inspections, studies,
or surveys of the site. Developer shall keep the site free
and clear of all liens and shall repair any damage to the
site that is caused by or in any way connected with said
tests, inspections, studies, or surveys.
)
Jul-03-1001 11:49
From-PETERSON FRAM BERGMAN
6511181753
T-161 P 018/016 F-715
(2) Developer shall submit tOtlle,Gi,t)':'a list of persons and .
businesses who shall work on the site.
(3) Developer shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with any testing work on the site
as required by the federal government or the City.
(4) Developer shall give all notices and comply with all
applicable laws, ordinances, rules, regulations, and
lawful orders of any public authority bearing on the
safety of persons or property or their protection from
damages, injury or loss.
(5) Developer shall indemnifY and hold the City harmless
for any damages I:tl the; TCAAP Site caused by
De,dtJr,.el 01 DIO.dopCI',il/SCI,t',Deyeldp,et'sennyonto
the pro pert)' .TeAAP Site, DevelopershalIprovideCity
withaCertiiicate oflnsuranceindicatiiigthat Develoner
is insured torsuch:risks, ,:
(6)
Comply with other obligations for TCAAP Site access
as may be imposed by the federal government.
.
2. City Oblie:ations. City shall provide Developer with environmental
data which City has for the TCAAP Site or which may be developed
as part of the preparation of the City's Comprehensive Plan
Amendment and InfrastrUcture Plan.-
C. Preparation of Land Use and Infrastructure Plan.
I. Develouer Oblil!ations, Developer shall accomplish the following
tasks:
a. Collect and analyze site data including:
(I) Review of on-base information sources to identifY
existing conditions.
-'l
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Jul-03-1001 11 :41
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From-PETERSON FRAM BERGMAN
T-161 POII/016 F-795
6511191753
(2)
Perform building inspection, and infrastructure systems
surveys including location verification, inventory, and
condition evaluation.
(3) Evaluate the research and field investigation results to
identify system conditions, capacities and constraining
elements of infrastructure as well as possible
opportunities for expanded selVice.
b. Share Information. Provide City with data obtained during
Developer's site review.
c. Review and Comment. Review and comment on drafts of the
City's Comprehensive Laud UscPlan. Amendment and
..,., ....,. ,....
Infrastructure Plans as \Vell:Jl.~ thel:;j!y'se~orlomicimpact:studv
relative to . possib Ie infrastructurefi(latleing."
2. City Oblh:ations. The City shall accomplish the following tasks:
a.
Request for Oualifications. City shall prepare an RFQ and
retain a planning consultant who shall prepare a Comprehensive
Lahd Use Plan . Amendment and Infrastructure Plan for the
TCAAP Site to include the following elements:
(I) Comprehensive Lll1'ld Use Plan rf:\ mendment and Overlay
Zoning Ordinance, Design Guidelines, and related
regulatory changes to ensure implementation of the
Comprchensive La",; Us, Plan Amendment.
(2) Transportation analysis and study.
(3) Preliminary layout ofinfrastructurc (strcet, sewer, water,
and storm water).
b. Retain Financial Consultant. Retain financial consultant to
provide an cconomic impact study for the construction and
payment of public infrastructure improvements for the TCMP
Site.
"
Jul-03-1001 11:49
From-PETERSON FRAM BERGMAN
6511181753
T-161 P 010/016 F-795
c.
Comprehensive Land US~ Plan':Amel\dmeilL Submit
......"_.,,. .. .
Comprehensive LIll,d Use Plan:Ariiert'dment to Metropolitan
Council for review.
.
d. Public lnnut. Retain the University of Minnesota Design
Center for the American Urban Landscape to conduct
community meetings regarding the reuse of the TCAAP Site.
e. Plan Review. Review and comment on data collected and
analyzed by Developer.
f, ShareInformation. . Provide Developer W'ith<diitliobtiiined
during 9ty'sactivitiespursiiartttOtliisSec~i()rt3'.C,2, .. .
D. Disposition and Development Al!reement.
I.
Exclusive Rieht to Nel!otiate. During the term of this Interim
Agreement, Developer shall have the exclusive right to negotiate with
the City regarding the acquisition and development of the TCAAP Site
or any portion thereof. City shall not solicit or entertain bids or
proposals from third parties in regard to disposition and development
of any: portion of the TCAAP Site without prior written consent of the
Developer.
.
2. Developer Participation. The parties anticipate that during the term
of this Interim Agreement, communications and negotiations with the
Anny, GSA, and other third parties may take place concerning the
acquisition of the site and necessary approvals for any proposed
projects. Developer shall be entitled to participate in such discussions
unless any said third party objects to the participation by the
Developer; or it is legally inappropriate for the DeveJoperto participate
in the discussions or negotiations taking place in a closed-session of a
public agency. Each party hereto shall keep the other party informed
as to the nature and progress of any such discussions.
3. Relmlar Meetines. The panics shall conduct regularly scheduled
meetings until the initial draft of the DDA is prepared and subsequem
meetings as necessary to incorporate data obtained during the
6
.
Jul-03-1001 II :49
.
.
.
From-PETERSON FRAM BERGMAN
6511181753
T-161 P 011/015 F-715
environmental analysis of the rCAAP Site and the preparation of the
City's Comprehensive PlanA:rnendment andliifTa~tnJ~t~e~PlliIls:-
E.
Cost Reimbursement. The Developer shall reimburse the City for all costs
which the City incurs during the term of this Interim Agreement in the
discharge of the duties hereby imposed on the City including, but not limited
to, engineering, legal, and pI arming consultants; and administrative time and
expenses incurred by the CitYcandwhere dedned:atiWbilriate'by the City
Council:~rl~,vel'.incurred byCitVO!~cials:,OCCll~ibne'd:by'1Ittelld.i~~rne.etin~s:
with.thiFd: plirtiesat. Developer's request (all herein "Reimbursable
-,," "...., '..". .........,.. . .. ._, -"
Expenses"). The City's estimated budget for reimbursable expenses and
billing rates is attached as Exhibit -C. Changes to estimated budgets shall
be approved by the Developer and the City Administrator.
L
Restricted A~e()unt, . Upon execution of this Interim Agreement,
'_H ". .."..... ...L.. . __,
Developer shall deposit $100,000 with City which shall be placed in
a restricted account and may only be used by City for reimbursable
expenses. Prior to making a draw on a restricted account, City shall
notify Developer. The notice shall include a documentation of costs
incurred. Each time the balance in the restricted account drops below
$50,000, Developer shall deposit an additjonal $50,000.
2. Avoidance of I>uplication. .. City agrees to keep Developer apprised
of the reimbursable efu'tSexpenses which are being incurred so that
each pany can attempt to avoid a duplication of services and
eo-stsexpenses; provided that, the City, in its sole discretion, may
determine which reimbursable costs are necessary for the City to incur
in order to satisfY its obligations pursllant to the terms of this Interim
Agreement.
F. Limitations. This Interim Agreement does not constitute a disposition of
property or any waiver of the exercise of conrrol by the City. Execution of
this Interim Agreement by the City is merely an agreement to enter into a
period of exclusive negotiations according to the terms hereof, reserving final
discretion approval by the City as to any Disposition and Development
Agreement and all proceedings and decisions in connection therewith. The
City and Developer understand that the property in question is currently
owned by the United States Government and that the purpose of this Imerim
Agreemem is to assist in negotiations with said Government to have the site
7
Jul-03-2002 11 ;49
From-PETERSON FRAM BERGMAN
6511281753
T-162 P 022/026 F-715
conveyed to 1:he City on terms and conditions favorable to the City and for the .
purposes outlined in this Interim Agreement or as may be described in a final
Disposition and Development Agreement.
G. Term of Al!:reement. This Interim Agreement shall become effective upon
execution by City and Developer ("Commencement Date") and shall
terminate in twelve (12) months from such Commencement Date unless
terminated at an earlier date or extended as hereinafter provided:
I. DeveloDer Non-feasibility Determination. If at any time the
Developer determines that the development ofthe TCAAP Site is not
feasible for any of the following reasons, Developer can terminate this
Interim Agreement in its sole discretion:
a. Inability to negotiate with government agencies under
economical terms for athe disposition and c;)t1l11ttpremediatioJl
of P'&l'trfytheTCAAP Si1:e.
b.
Discovery of environmental conditions not currently anticipated
and deanupremediation costs associated therewith which would
make the development not economically feasible.
.
c. Failure of the City to adopt a land 1l3t plallComprehensivePlan.
Amendment consistem with the Vente> Plan.
t1TCAAP Utilization Plan.
d; Determine. p1.lrsuant to. the . feasibility studies :described: in.
Section 3.B .l.c.that privat~ de\'eiciprneIltbfthetcAAPSite bY
the Developer is not feasible..:
~. Failure to secure governmental approvals which would allow
the Project to proceed.
2. City Best Interest Determination. If, at anytime, the City determines
that it is not in the best interest of the City to obtain the TCAAP Site
for any of the following reasons, City can terminate this Interim
Agreement in its sole discretion:
o
.
Jul-03-1001 11:49
.
.
.
From-PETERSON FRAM BEROMAN
T-161 P 013/016 F-TB5
6511181753
a.
A proposal to transfer property in a manner that would expose
the City to unacceptable environmental ckah tll'retnedhition
L..'..,..."'.......,,"........'''.
risks,
b. Failure of Developer to propose a land development pllUl
consistent with the TCAAP Utilization Plan and the City's
Comprehensive Lm.d U3e Plan~.!V.~~~11.l:e:n:t.
3. Failure to Reach A:reement. Pa[tk~ ackno\1ikdgc that ',he
eh,ilom..enlal3w...'e) "fthe TCAAP Sire, the Irlln3fel <lfthe TCA:.P
Site, and [he prepltl"lltioo "f a COIl,"1 ehell3i, e Lima Use PlIm .. ill be Ii
eOtltpkx llnd expcJ.si ,c tllldcrtftking. Iftl.e pll1tk3 havdfeitherplUo/
has not been able to complete me;l . c3peeti, dts obligations under this
Interim A~~ement within the initial twelve-month term, but ba ve~
made reasonable progress; and if the delays are the result of matters
beyond the party's control-cl, the CiE) lUldl-or the Dc ,c\eper,partvmaY
extend the term of this Agreement shill! be eXIClJaea for l',,'e1vean
......--......- -
additional twelve months by 'writtellnoficeto'the'othet:oartV,
Thereafter, the term of this Agreement may be extended by mutual
consent of the parties for six additionllJ months.
4.
Default. failufC llflfDeveloper to eMlpl) "itl. the lelms of ScctiOh
J.OL U"o!ll:he beel:lln,ICe. of a default, the: Cil) 3hl11l 3e:l, e arails to
pe~form its obligations under Section3,OEtheCity riiaysei\f~Notice
of Default upon the Developer, by certified mail, return receipt
requested. The Developer shall have thirty (30) days from the date of
the Notice of Default to cure the defimlt or the City may 1:erminate this
Interim Agreement.
H.
Data and Reports. Developer shall provide City with copies of the reports
and studies as identified on Exhibit D-. If this Agreemem is terminated, the
City may retain such data and reports upon payment of $ to the
Developer.
I.
Notice and Correspondence. Any notice required to be given to either party
shall be in writing!lIld deemed given if personally delivered upon the other
party or deposited in the United Slates mail, and sent certified mail, return
receipt requested, postage prepaid and addressed to the other party at the
address sel forth below or sent via facsimile transmission during normal
9
Jul-OHOOZ 11,49
From-PETERSON FRAM BERGMAN
6511191153
T-162 P 024/026 F-195
business hours to the parry to which notice is given at the telephone number .
listed for fax transmission.
).1 llevelollcr.. .Notices:toDeveloIier]shl\llbeaddre~sed:t()l~e;f9110~ri~.
llll.rtY:
2, Citt.~oticest(}theCitv shall ]beaddrefsedtothe'f()n()\\rillgp~y
J. Entire Aereement. This Agreement contains the Clltire agreement of the
parties with respect to the matters covered by this Agreement and no other
statement or representation by any employee, officer or agent of any parry,
which is not contained in this Agrcement. shall be binding or valid.
K. Modification. This Agreement is not subject to modification except in
writing.
.
L. Interpretation. This Agreement has been negotiated by and between the
representatives of both parties, all persons knowledgeable in the subject matter
of this Agreement, and each party had the opportunity to have the Agreement
reviewed and drafted by their respective legal counsel. Accordingly, any rule
oflaw or legal decision that would require interpretation of any ambiguities
in this Agreement against Ille party that has drafted it is not applicable and is
waived. The provisions of this A b'l'eement shall be interpreted in a reasonable
manner to effect the purpose of the parries and this Agreement.
M. Captions. Titles or captions of sections and paragraphs contained in this
Agreement are inserted only as a matter of convenience and for reference, and
in no way define, limit, extend or describe the scope of this Agreement or the
intent of any provisions.
N. Relationship of Parties. Nothing in this Agreement shall create a joint
venture, partnership, or principal-agent relationship between the parties.
J.O
.
- Jul-03-1001 11 :50
.
.
.
.
From-PETERSON FRA~ BERGMAN
6511181753
T-161 P 015/016 F-7B5
o.
Waiver. No waiv~r of any right or obligation of either party hereto shall b~
effective unless in a writing, specif'ying such waiver, ex~cuted by the party
against whom such waiver is sought to be enforced. A waiver by either party
of any of its rights under this Agreement on any occasion shall not be a bar to
the exercise oftlle same right on any subsequent occasion or of any otherright
at the time.
P. Counterparts. This Agreement may be executed in two counterparts, each
of which shall be deemed an original, but both of which shall be deemed to
constitute one and the same instrument.
Q. Attorney's Fees. In the event of any controversy, claim or dispute relating
to this Agreement, or the breach or interpretation thereof, each party shall bear
its own costs.
R.
Further Assurances. The parties each agree to make, execute and deliver
such other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Agreement.
s.
Exhibits. The following listed exhibits are attached hereto and incorporated
herein.
1. Exhibit A - TCAAP Site.
2u Exhibit B c Vento plan.
~;}. Exhibit BC - City Budge\._
31. Exhibit ED - Data and Reports.
T. Time and Benefit. Time is hereby declared to be of the essence of this
Agreement and each and every provision hereto. This Agreement shall inure
to the benefit of the parties, their heirs, trustee, representatives, administrators,
successors and assigns.
:l~
Jul-03-2002 11:50
From-PETERSON FRAM BERGMAN
6512291753
T-162 P 026/026 F-795
IN WITNESS WHEREOF, the parties have hereumo set their hands the day and year .
first above written.
DEVELOPER: CRR, LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this ~ day of , before me, a Notary Public
within and for said county, personally appeared , a , and
executed the foregoing instrument and acknowledged that he executed the same by authority
of and on behalfofCRR, LLC.
Notary Public
CITY OF ARDEN HILLS
.
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before me, a Notary Public within and
for said county, personally appeared Dennis Probst and Joseph Lynch, to me known to be
the Mayor and City Administrator, for the City of Arden Hills and they executed the
foregoing instrurnem and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
Notary Public
P:\w1crs\l.OIUVerrylArdcn HiJh;\TCAAP\TC AA r, Tmerim.Ag:rlllo J Oc:omp_wpd
'Illv ~ :!002tll:34AM)
12
.
~au:r c: 7/8/07- e~ t{iJ~
.
TCAAP Project
Management
.
Ehlers & Associates
July 8, 2002
Ehlers & Associates
Arden Hills
.
.
.
TCAAP Project Management
Ehlers & Associates
July 8, 2002
'''1.'''''''''.'0.,"". ',',1",]1.11.
Presentation Objectives
Discuss possible framework for public
participation
Review communication issues
<"""~.b.,,;""" .w.",""
Redevelopment Elements
Public support
Market
Land transfer approval
Money
Developer
Lhl", ,-.-\"",;,,1.,
1
.
.
.
First Steps to Redevelopment
Establish goals - lVhat is the prohlem you
are solving')
Develop a process - What is the process to
develop suppon for the problem so{ufiol1?
Selecting 3 lcam - Who is involved in the
pruceD-?
i:h1m"._\""'"'' .".',',,11;11.
Establishing Goals
Focus on problem solving.
rut function before form.
Involve the puhlic.
Policy makers designate nrimarv goal.
Goal directed development.
fhl","A<"",",,,
Sample Goals
Develop in manner consistent with
Vento Reuse plan
Develop in manner that protects natural
resources
Development to pay for clean up costs
Development to add value to community
Development to cover operating costs
f.hb,&_\""'''"k._,..',,.d,II,
2
.
.
.
fi1 Framework for Public
Participation
Communicate the Problem
Communicate the Process
Communicate the Options
Communicme the Solutio!!
F."'",,~. .,,,
Communicate the Problem
Seek input regarding problems, issues, concerns
If possible - forecast the problem well in ,idvance of
needing to address problem.
Explain impact of not solving problem as outcome
statements and impact on residents aIHJ customers.
Develop chronology of cOlllmunications 011 important
issues.
Develop communications plan to support efron.
"'d"."..
Communicate the Process
Develop a process appropriate to problem (i.e. task
force, staff report, commission study, etc.)
Communicate process including opP0l1unity for and
importance of public involvement.
ESLahlish clear expect<Hions regarding community
involvement.
Request options to be cvalumed.
ReZlffirm problem statement
".,.',-
3
.
.
.
Communicate the Options
ConunUniCJlC oplions generate,l ["rom proct:ss.
Develop cltarevalui1tion criteria for options including
advamagcsand disa(]v:llllilges
Request feedback on additional oplions.
Request feedhack on cnlu,ltion criteria
ReqlJest leeJback on evaluation.
Reaffirm prohlcm Slalelnenl <lndproccss
Maintaill chronology
Communicate the Solution
Commu]lica1ese!e<.:led option
Communicate basis for selection.
Provide balanced cvaluatil\fl including disadv;mtages of
OjJ[lIln
Reaffirm problem statement, PWLl::SS ,!Tll! (lplions.
Maimainchronology.
Identify next steps rOf implenwllUtioll
Process Issues
Role of elected officials
Communication plim
Feedback mechanisms
'-,;,"'&._'>>.""..",,,"._.,11'11,
4
.
.
.
Elected Officials
Estahlis.h goals
Control process progress
Approve communication plan
'"""&."~,,.,",,, ,,,",,,1]'11,
Communication Plan
Forecast issues
Report progress
Communicate feedback
Encourage dialogue
Forecast process
J,",,,^,,\ ".,..". ,Wo,,'';'',
Communication Audiences
Community
Neighboring communities
Legislarors
Developer Partners
Media
Hko,., , ",""" ',",-"f1,",
5
.
Communication Tactics
New~letters
Web page
News releases
Briefing books
Open houses
Ch'm&.."..,".'''''' ,,-,J,,,!ldl,
.
.
6
~
~LS
Arden Hills City Council
REGULAR
Jul
City Philosophy
To rovide a basic and necessary seD e of uali services through the innovative and
Mayor
Dennis Probst
onneil Members
Beverly Aplikowski
David Grant
Gregg Larson
Lois Rem
Monda
1245 W. Highway 96
Arden Hills, Minnesota
55112
651.634.5120
8,2002
oseful use of resources.
Agenda
City Council Meeting Convenes 7:00 PM
Call to Order
1. AGENDA
2. MINUTES
A. June 24, 2002 Council Meeting
3. CONSENT CALENDAR
A. Claims and Payroll
B. Fertilizer Ordinance
C. Resolution No. 02-32 A Resolution
Authorizing Advertisement for Public
Improvements: 2002 Sanitary Sewer and
Water Main Rehabilitation Project and
2002 Drainage Improvement Project
4. PUBLIC INQIDRIESIINFORMATIONAL
A. Resolution No. 02-33 Approving Trinity
Lutheran Annual Exempt Gambling Permit
5. PUBLIC HEARINGS
6. FINANCE
7:00
7:01
Those items listed under the Consent Calendar are 7:02
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.
Public InquirieslInformational is an opportunity for 7:05
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.
NONE
Terry Post
7. COMMUNITY SERVICES
Aaron Parrish
8. OPERATIONS AND MAINTENANCE
Thomas Moore
9. CITY ADMINISTRATOR'S REPORT
Joe Lynch
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson (absent)
C. Council Member Aplikowski
D. Council Member Rem
E. Mayor Probst
Tentative Jnlv 2002 Meetinl! Sehednle
Meetinl! dates. times and locations are subiect to chanlle.
July 10
July t5
July 16
July 17
July 23
July 25
July 24
July 29
July 31
July 31
TCAAP - Community Meeting 7:00 p.m.
Council Work Session 4:45 p.m.
TCAAP Natural Resources & Parks 7:00 p.m.
Planning Commission 7:00 p.m.
PTRC Meeting 7:00 p.m.
TCAAP - Transportation 7:00 p.m.
PMP Neighborhood Meeting 7:00 P'm.
Council Meeting 7:00 p.m.
Communications Committee (CC Conference Room) 7:00 a.m.
TCAAP - Land Use & Development Principles 7:00 p.m.
Tentative AUl!ust 2002 Meetinl! Schedule
Meetin2: dates. times. and locations are subiect to chansre.
NO PTRC MEETING IN AUGUST
August 7 Planning Commission
August 13 TCAAP - Open House
August 12 Council Meeting
August 19 Council Work Session
August 26 Council Meeting
7:00 p.m.
7 :00 p.m.
7 :00 p.m.
4:45 P'm.
7:00 p.m.
TeAAP: Twin Cities Army Ammunition Plant
PMP: Pavement Management Plan
PTRC: Parks, Trails and Recreation Committee
MFTF: Maintenance Facility Task Force (Ramsey County/Arden Hills)
Arden Hills City Council Agenda
July 8, 2002
Pa e2
8:00
8:15
8:30
.
.
.
~
~~HILLS
MEETING MINUTES
DRAFT
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 24, 2002, 7:00 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order
the regular City Council meeting at 7:06 p.rn.
Present:
Mayor Dennis Probst, Council Members Beverly Aplikowski,
David Grant, Gregg Larson, Lois Rem.
Absent:
None.
Also present were City Administrator, Joe Lynch; City Attorney, Jerry Filla;
City Planner, Aaron Parrish; Director of Operations and Maintenance, Tom
Moore; and Recording Secretary, Kathleen Altman.
1. APPROV AL OF MEETING AGENDA
MOTION: Council Member Larson moved and Council Member Grant seconded
a motion to adopt the agenda for the June 24, 2002, regular City
Council meeting. The motion carried unanimously (5-0).
Mr. Lynch stated representatives of the Ramsey County Library were present
tonight to ask for support for the Ramsey County Library's 2003 request to
maintain current levels of operations at its facilities. He recommended this item be
heard at number 4a.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
2
.
2. APPROV AL OF MINUTES
A. March 20, 2002 Council Work Session
B. June 10, 2002 Council Meeting
C. June 17,2002 Council Work Session
Council Member Rem requested the following changes: June 17, 2002 Work
Session minutes, page 3, change Stromann to Straumann; page 5, 5th paragraph,
change Bill Vauglm to Dan Vauglm. May 20,2002 Work Session minutes, page 1,
change Blake Larson to Blake Carson and insert student after his name. Page 3, 3rd
paragraph, delete Ms. Blake. Page 3, 5th paragraph second sentence, insert liability
at the end of the sentence. Page 5, 4th paragraph from the bottom, first sentence to
read "Mr. Davidson said development at the end of West Broad Lake Road mayor
may not ...". June 10,2002 Council Meeting Minutes, page I, under also present
change Mr. Moore's title to "Director of Operations and Maintenance". Change
Chris Brown to Craig Brown. Page 4, Motion, she requested the tape be watched
and the motion clarified. Page 8, 2nd paragraph from the bottom, change Mounts to
Mounds. Page 10, 5th paragraph, after League of Minnesota insert Human Rights .
Commission.
Council Member Grant requested the following changes: June 17, 2002 Work
Session minutes, page 4, 3rd paragraph, should read: "Council Member Grant said
he was pleased the entrance is redesigned. He asked if the Shannon Square
lighting could be redone, and encouraged Mr. Tucci to consider lighting options
consistent with the proposed Cub plan"; page 6, 4th paragraph, first sentence, to
read: Council Member Grant suggested funding Park and Recreation at the same
level as 2000 with inflationary increase. He noted ...". May 20, 2002 Work
Session Minutes, page 2, second paragraph, should read: "Council Member Grant
expressed his concern for lack of bussing more students." Page 2, last paragraph
should read: "Council Member Grant indicated he heard that Mounds View High
School could have provided 200 more parking spots. He stated with lack of
bussing there would be an increase of parking on City streets". Page 8, 2nd
paragraph, 2nd sentence delete the remaining sentences after current facility.
Council Member Larson expressed concern they were spending too much time
rephrasing the meeting minutes. He had no corrections for the minutes.
.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
3
.
Council Member Aplikowski requested the following changes: June 17, 2002
Work Session Minutes, 2nd paragraph from the bottom, should read, "The City
Council agreed to the 2002 PMP Assessment Rate.
Mayor Probst requested the following changes: May 20, 2002 Work Session
minutes, page 3, 3Td paragraph from the bottom, second sentence should read: "He
said the City would like to bring along the community with some degree of
confidence". Page 7, last paragraph change CC to City Council.
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to approve the minutes of May 20, 2002 Council
Work Session; June 10, 2002 Regular Council Meeting; and June 17,
2002 Council Work Session as amended. The motion carried
unanimously (5-0).
3.
. A.
B.
e.
D.
E.
CONSENT CALENDAR
Claims and Payroll
Organizational Restructure/Planner
Resolution No. 02-30 Appointing Cathy Smithknecht to the Planning
Commission
Resolution 02-29 Adopting the 2002 PMP Assessment Rate
Cable Position
MOTION: Council Member Larson moved and Council Member Aplikowski
seconded a motion to approve the amended Consent Calendar and
authorize execution of all necessary documents contained therein.
The motion carried unanimously (5-0).
4. PUBLIC INQUIRIES/INFORMATIONAL
A. Resolution Acknowledging Support for the Ramsey County Library's
2003 Request to Maintain Current Levels of Operation at its Facilities
Mr. Anderson, President of Ramsey County Board of Trustees, summarized the
functions of the Ramsey County Library. He stated they were experiencing budget
cuts and asked for the City's support to ensure that services were not cut.
.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
4
.
Council Member Aplikowski asked if they were requesting financial support. Mr.
Anderson replied they were not.
Mayor Probst suggested the last paragraph of the Resolution read: Therefore, be it
resolved, the City of Arden Hills hereby strongly states its support for the Ramsey
County Library's 2003 request to maintain current levels of operation at its
facilities and supports the Ramsey County Board to pursue appropriate funding.
MOTION: Mayor Probst moved and Council Member Rem seconded a motion to
approve the Resolution Acknowledging Support for the Ramsey
County Library's 2003 Request to Maintain Current Levels of
Operation at its Facilities.
B. Resolution No. 02-28 Recognizing Therese Galatowitsch for service to
the Arden Hills Planning Commission
Mayor Probst recognized Therese Galatowitsch for her servIce on the City
Planning Commission. .
MOTION: Council Member Larson moved and Council Member Aplikowski
seconded a motion to approve Resolution No. 02-28 Recognizing
Therese Galatowitsch for service to the Arden Hills Planning
Commission. The motion carried unanimously (5-0).
C. D.A.R.E. Program
Undersheriff Altendorfer summarized the D.A.R.E. program and asked for
Council's financial support for the program.
Mayor Probst indicated in the past, the City Council had discussed this and had
supported the program, with concerns. He stated his personal experience was that
the program did not seem to show the results it should be showing. Undersheriff
Altendorfer replied two years ago he would have agreed with the Mayor, but since
that time, changes had been made. He indicated it was difficult to show if the
D.A.R.E. Program did or did not make a difference.
Council Member Aplikowski asked how many hours the officers spent at the High .
Schools. She indicated she was wondering why the School Resource Officer could
not be a part of the D.A.R.E. Program. Undersheriff Altendorfer replied the
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
5
D.A.R.E. program focused on the elementary schools and the School Resource
Officer had been assigned middle and high schools. He stated School Resource
Officers were there for enforcement, and not present in the class rooms.
Council Member Larson asked if the money they were asking to contribute was
specifically designated for the D.A.R.E. Program. Undersheriff Altendorfer
indicated that was correct.
Council Member Larson stated the City paid the Ramsey County Sheriffs
Department for a package of services and he was not sure why they were paying
the department for this program. He asked why the D.A.R.E. Program was
separate from the Sheriffs Department budget, and why it was not included in the
contract that the City pays for. Undersheriff Altendorfer replied the City was
paying for the D.A.R.E. Program, but the program had been getting "chipped
away" at and the seven contract cities had stated this was an important program.
Council Member Grant stated he agreed the D.A.R.E Program was appropriate for
middle and elementary school students. He asked what the program shortage was.
Undersheriff Altendorfer replied he believed it was between $7,000.00 - 8,000.00.
City Administrator Lynch stated the actual cost would be about a $15,000.00
mcrease.
Council Member Grant asked what the result would be if they did not get the
additional $15,000.00 in funding. Undersheriff Altendorfer replied they would
utilize the money they had in the account from fund raisers to pay salaries for one
year.
Mr. Lynch clarified that if all of the Cities did not support the Illcrease III
additional funding, the program would end.
Mayor Probst stated he believed in education, but he struggled with this requested
increase. He stated it might be appropriate for cities to talk to the school districts
about the needs of the D.A.R.E. Program. He asked what the time frame was for
this decision.
Undersheriff Altendorfer stated they could take the $25,000 out of the fund raiser
account to give additional time for discussions, but he expressed concern about
taking the money out of that account.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
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Council Member Rem expressed surprise that the D.A.R.E. Program did not have
the research to back up this program. She stated there was support for the
D.A.R.E. Program, but there was hesitancy to write a "b]ank check". Undersheriff
Altendorfer replied they hoped to collect the research and present it in the future,
but he stated this collection would also increase the costs of the program. He
reminded the Council that the D.A.R.E. Officer also provided a sense of security
for the public by being in the schools.
Mayor Probst requested the City Administrator take this to the next contract City's
meeting for discussion. Mr. Lynch replied he understood that White Bear
Township and Vadnais Heights had agreed to participate this year, but it would be
Shoreview, Arden Hills, and North Oaks that would be the most affected in the
future. He stated it was his understanding those Cities would need to decide if they
were willing to support this program in the future.
Council Member Aplikowski asked for the bottom line of the amount being asked
for. Mr. Lynch replied it was approximately $15,000. .
Having heard no comments from the public regarding the agenda, Mayor Probst
recognized the members of the 2002 City Events Task Force. He thanked them and
the staff for doing such a great job.
5. PUBLIC HEARINGS
None.
6. FINANCE
None.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
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7. COMMUNITY SERVICE
A. Planning Case 02-09: John and Liz Modesette, 3743 New Brighton
Road, Minor Subdivision
City Planner Parrish explained the applicants were requesting a minor subdivision
of an existing 2.21-acre lot into two lots. He stated the Planning Commission
recommended approval of the minor subdivision based on five conditions as noted
in his staff report.
Council Member Larson left the meeting at 8:20 p.m.
MOTION: Council Member Aplikowski moved and Council Member Grant
seconded a motion to approve Planning Case No. 02-09, John and Liz
Modesette, 3743 New Brighton Road, Minor Subdivision including
the conditions as noted in staffs report. The motion carried
unanimously (4-0 - Council Member Larson was absent for the vote).
B.
Planning Case 02-10: Bethel College, 3900 Bethel Avenne, Site Plan
Review/Amendment
City Planner Parrish explained the applicants were requesting an amendment to
their previously approved site plan for the Ona Orth Athletic Complex. He stated
the Planning Commission recommended approval of the site plan amendment.
Council Member Larson returned to the meeting at 8:25 p.m.
Council Member Larson inquired about the windows. Bruce Kunkel, Vice
President Bethel College, replied the windows would encompass the entire area as
shown in the plans.
Mayor Probst asked what the small structure was as shown on the plans. Mr.
Kunkel replied that was the location of the future restroom enclosure.
Council Member Grant asked about the press box and asked what type of
ventilation they would have considering it was on the second floor. Mr. Kunkel
replied the windows were operable and there would also be a window air
conditioner located in the press box.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
8
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Council Member Grant asked what would happen to the existing fencing that was
located on the field. Mr. Kunkel replied the fencing he saw was the outfield
fencing that was removable.
Council Member Grant asked when the tennis courts would be installed. Mr.
Kunkel replied they would start construction in the near future, depending on the
weather conditions.
Council Member Grant asked why the original plans did not show a batting cage
and asked when that feature was added. Mr. Kunkel replied he did not have that
information.
Council Member Grant stated he noticed the silt fencing was still in place. He
asked how long that would remain. Mr. Kunkel replied it would be in place for a
while. He indicated they needed to replace some dead trees.
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to accept Planning Case 02-10, Bethel College, .
3900 Bethel Avenue, Site Plan Review/Amendment as presented and
subject to the two conditions. The motion carried unanimously (5-0).
C. Planning Case 02-11: Terry Dragich, 1838 Beckman Avenue, Setback
Variance
City Planner Parrish explained the applicants were requesting a variance from the
rear yard setback requirement in the R-2 Zoning District for an addition. He stated
the applicant was requesting a 22-foot rear yard setback where a 30-foot setback
was required. He indicated the Planning Commission recommended approval of
the reduced rear yard setback of22 feet, where 30 feet was required.
MOTION: Council Member Grant moved and Council Member Aplikowski
seconded a motion to approve Planning Case No. 02-11, Terry
Dragich, 1838 Beckman Avenue, Setback Variance as presented and
subject to the two conditions. The motion carried unanimously (5-0).
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
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D. Ordinance No. 339 Establishing Regulations for Lawn Fertilizer
Application
City Planner Parrish reviewed the Ordinance regulating the sale of phosphorous
fertilizer.
Council Member Larson requested Mr. Parrish check the transcription on Page 2,
Subd. I, A(i). He indicated there appeared to be some language missing. Mr.
Parrish replied this was taken directly from the Statute, but he would check the
language.
Mr. Lynch stated this would be the first reading of the Ordinance and would be
brought back to Council for the next City Council meeting for second meeting.
Council directed staff to place this on the next City Council Agenda on July 8,
2002 for discussion.
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MOTION: Council Member Aplikowski moved and Council Member Larson
seconded a motion to direct staff to place this on the next City
Council Agenda. The motion carned unanimously (5-0).
8. OPERATIONS AND MAINTENANCE
None.
9. CITY ADMINISTRATOR'S REPORT
A. 2002 Retreat Goals Review
City Administrator Lynch reviewed the revised 2002 Goal Schedule and updated
Council on the progress of these goals.
Council Member Rem asked when there would be another public meeting with the
Design Center to discuss the TCAAP issue. Mr. Parnsh replied they would be
holding a public meeting on July 10,2002 at 7:00 p.m.
. Council Member Rem requested the public meeting be put on the City's web site.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
10
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Council Member Larson asked when they would see some design plans for the
maintenance facility. Council Member Grant replied there was a meeting June 25,
2002, and the preliminary design plans and preliminary estimates would be
reviewed at that time.
Council Member Grant asked for clarification on the Deed to the City Hall
property. City Attorney Filla replied he would provide the City Council with a
copy.
B. Mission Statement Update
City Administrator Lynch presented mISSIOn statements from other cities and
requested Council's input, comments, and suggestions.
Council Member Aplikowski stated she did not have a problem with the current
mission statement and the samples provided did not offer any assistance.
Council Member Larson stated he thought the City's mission statement could be .
improved and suggested having a discussion at a future work session.
Council Member Rem suggested obtaining some community input for the mission
statement.
Council Member Grant agreed they needed further discussion about the mission
statement. He stated he did not have an issue with the current mission statement,
but he was not opposed at looking at revisiting the current version. He requested
they have the mission statement prepared prior to the TCAAP development
contract.
Mayor Probst suggested this be brought back at the last meeting in July to discuss
this issue.
10. CITY COUNCIL REPORTS
Council Member Grant stated the Maintenance Facility Task meeting would meet
June 25, 2002, and they should have the design plans ready for the next Council
meeting. He thanked the City staff, the Events Committee, and volunteers for a .
great "Day in the Park" event. He requested the U of M meeting be listed on the
agenda. He requested a future meeting to discuss the vision ofthe TCAAP area.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
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Council Member Larson stated last week the cities met with the representatives of
the Fire Department to select a Fire Chief and stated a new Fire Chief had been
retained. He suggested the City provide former people who have made a
significant contribution to the City with a plaque or some other type of
recognition, and not just a Resolution. He indicated the City could do a better job
of recognizing those people. Mayor Probst agreed with Council Member Larson
and requested this be added to a future work session for discussion. Council
Member Larson stated he would not be at the July 8, 2002 meeting.
Council Member Aplikowski stated she would be lost without the written minutes,
but she stated they spent too much time correcting them. She thanked everyone
who worked at the "Day in the Park" event. She thanked everyone who
participated in the parade. She thanked all of the volunteers and the financial
contributors to the event. She asked if the five year plan for road maintenance and
repair could be made public. Council Member Rem indicated this could be put in
the next City newsletter to be published in August.
Council Member Rem asked for more detail information about the budget for the
recreation programs. She asked if the Work Session minutes were in complete
form, or if they were in draft form. She requested names be checked by staff prior
to submitting minutes to Council for approval. She requested staff review the
Work Session minutes more carefully because they were not video recorded. City
Attorney Filla stated what was required in City minutes was a record of the
motions and what each Council Member voted on the motions. He stated he had
seen both long minutes and short minutes. It was up to Council's discretion as to
how they want the minutes recorded.
Mayor Probst indicated there would be a 6:00 p.m. work session meeting before
the City Council Meeting on July 8. Council Member Grant requested the meeting
be held in the second floor conference room. Mayor Probst requested staff
determine what kinds of comparisons they could draw between where the City was
compared to the averages from the State Auditor's report prior to budget
discussions. He suggested staff pursue the cost of having the longer microphones
installed on the Council desk. Council Member Grant recommended they look at
microphones at least five inches longer. Mayor Probst again thanked everyone
involved in the "Day in the Park" event. He suggested they have a future work
session discussion about what could be done differently with this event as well as
how the past events went. Council Member Aplikowski stated Council needed to
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JUNE 24, 2002
12
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decide if they wanted to do the event again and if so, what date they wanted to
have it. Council Member Aplikowski requested they have a fonnal recognition of
everyone involved in the event at a future Council meeting.
Council Member Larson stated he would like to see minutes somewhere between
the minutes now being taken and a shorter version of the minutes. He proposed
they reflect an agenda item, a summary of the issue, who speaks to the issue, any
staff recommendations, and what the motions were. Council Member Aplikowski
and Mayor Probst agreed. Council Member Larson requested they revisit the issue
again in a few months for comments on the shorter minute version. Council
Member Grant agreed that the minutes should be shortened when there were guest
speakers, but cautioned that the minutes not be abbreviated so much as to lose the
context of the meeting. Council Member Rem pointed out that they had prepared
abbreviated minutes a few years ago.
MOTION: Council Member Aplikowski moved and Council Member Larson
seconded, to prepare abbreviated minutes starting with the next
Council meeting. The motion carried unanimously (5-0). .
ADJOURN
Mayor Probst adjourned the Regular City Council Meeting at 9:52 p.m.
The Mayor convened the Executive Session at 9:52 p.m.
The Mayor adjourned the Executive Session at 10: 14 p.m.
Dennis Probst
Mayor
Joe Lynch
City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, July 8, 2002 at 7:00 p.m. at the .
Arden Hills Council Chambers.
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MEMORANDUM
DATE: June 25, 2002
3.B
TO: Mayor and City Council
Joe Lynch, City Administrator
FROM: Aaron Parrish, Community Services Director ftP
SUBJECT: Ordinance Regulating the Sale of Phosphorous Fertilizer
Overview
A law adopted by the Minnesota Legislature this year requires that any ordinance restricting the
sale of phosphorous fertilizer, compared to the application of phosphorous fertilizer, be in effect
prior to August 1, 2002. Based on previous Council direction, attached is an ordinance that
regulates the sale of phosphorous fertilizer in the City of Arden Hills. To be in effect prior to
August I, 2002, it would be necessary to conduct a second reading of the ordinance and consider
its adoption at this particular Council meeting. A letter has been sent to the Arden Hills business
that would potentially be affected.
Requested Action
1. Consider second reading and adoption of Ordinance 339 establishing regulations for the sale
oflawn fertilizer.
2. Consider approval of the attached ordinance summary (4/5's vote required)
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CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 339
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SALE OF
LAWN FERTILIZER
Section 339.01 - GENERAL
Subd. 1. Title. This Chapter shall be known, cited and referred to as the "Arden Hills Lawn
Fertilizer Regulations"
Subd. 2. Purpose and Intents. The City has in the past convened a Water Quality Task Force
and has reviewed existing data to determine the current and projected water quality of various
lakcs within its community. The data indicates that lake water quality may be maintained and
improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering
the lakes as a result of storm water runoff or other causes. The purpose of this Chapter is to
establish regulations that will aid the City in managing and protecting its water resources that are
enjoyed by its residents and other users.
Subd. 3. Statutory Authorization. This Chapter shall be adopted pursuant to the authorization
contained in furtherance of the policies declared in Minnesota Statutes Chaptcrs 103F and 462
and Minnesota Rules Parts 6120.2500-6120-3900.
Subd. 4. Interpretation. In their interpretation and application, the provisions of this Chapter
shall be held to be minimum requircments and shall be liberally construed in favor of the City,
and its City Council, and shall not be deemed a limitation or repeal of any other powers granted
by State Statutes.
Subd. 5. Abrogation and Greater Restrictions. It shall not be intended by this Chapter to
repeal, abrogate or impair any existing easements, covenants or deed restrictions. However,
where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail.
Section 339.02 - DEFINTIONS
Subd. 1. Definitions.
A.
Fertilizer. A substance containing one or more recognized plant nutrients
that is used for its plant nutrient content and designed for use or claimed to
have value in promoting plant growth. Fertilizer does not include animal
and vegetable manures that re not manipulated, marl, lime, limestone, and
other products exempted hy Rule by the Minnesota Commissioner of
Agriculture.
Ordinance #339
Page 1
Section 339.03 - GENERAL REGULATIONS
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Snbd. 1. Sale of Fertilizer Containing Phosphorous. Effective 31 July 2002, no person, firm,
corporation, franchise, or commercial establishment shall sell any lawn fertilizer, liquid or
granular, within the city of Arden Hills that contains any amount of phosphorous or other
compound containing phosphorous, such as phosphate, except:
A. Effective 31 July 2002. Small quantities of such fertilizer may be sold for
use for the following as allowcd by Minnesota State Statute:
1. a tissue, soil, or other test be a laboratory or method approved by
the Minnesota Commissioner of Agriculture and performed within
the last three years indicates that the levels of available
phosphorous in the soil is insufficient to support health turf
growth;
11. the property owner or agent is first establishing turf via seed or sod
procedures, and only during the first growing season; or
111. the fertilizer containing the plant food phosphorous is used on a
golf course under the direction of a person licensed, certified, or
approved by an organization with an ongoing training program
approvcd by the Minnesota Commissioner of Agriculture.
Displays of lawn fertilizer containing phosphorous shall be limited to ten
percent (10%) of the quantity of non-phosphorous lawn fertilizer on display at
any given time. Use of lawn fertilizer containing phosphorous allowed under
this section shall not exceed rates recommended by the University of
Minnesota and approved by the Minnesota Commissioner of Agriculture.
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B. Effective 31 July 2002. Displays of such fertilizer must be clearly marked as
containing phosphorous, and must be separated from the display of other
fertilizers by no less than eight (8) feet.
C. Effective 31 July 2002. For cach sale of such fertilizer the seller shall
provide the buyer with a copy ofthis Chapter ofthe Arden Hills City Code.
Section 339.04 - PENALTY
Subd. 1. Any person violating this Chapter shall be guilty of a petty misdemeanor.
Effective Date:
This ordinance shall become cffective the day following its
publication.
Adoption Date:
Passed by the City Council of the City of Arden Hills
the 8th day of July 2002.
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Ordinance #339
Page 2
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ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Ordinance #339
Page 3
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
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ORDINANCE NO. 339
AN ORDINANCE SUMMARY
FOR AN ESTABLISHING REGULATIONS FOR THE SALE OF
LAWN FERTILIZER
On the 8th day of July, 2002, the Arden Hills City Council adopted Ordinance
#339, and by affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4,
directed that a summary ofthe Ordinance be published.
The adoption of Arden Hills Ordinance #339 will become effective the day
following publication of thc Ordinance Summary.
A copy ofthe Ordinance is available for inspcction by any person during regular
business hours at the office of the City Administrator, 1425 Highway 96, Arden Hills,
Minnesota 55112.
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ATTEST:
DENNIS PROBST, MAYOR
JOSEPH P. LYNCH, CITY ADMINISTRATOR
Publication Date: Published on the
of
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URS
AGENDA ITEM 3.e
MEMORANDUM
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-13783
To:
Joe Lynch/Arden
Hills
Copy: Tom MoorelArden Hills File: 37951021
Jim Perron! Arden Hills
Nick Landwer/URS
From: Gregory Brown, PE
Arden Hills City Engineer
Date: July 2, 2002
Subject: 2002 Sanitary Sewer and Watermain Rehabilitation Project
2002 Storm Drainage Improvements
Background
The 2002 Budget includes funds for Sanitary Sewer Rehabilitation and Storm Drainage
Improvements throughout the City. The City has been systematically investigating its sanitary
sewer infrastructure and completing improvements to repair poor pipe conditions and reduce
infiltration of groundwater into the system from leaks in pipe joints. City staff have alerted the
City Engineer about the need to replace a section ofwatermain located along Old Highway 10
which has experienced several breaks in the recent past. The replacement ofthe watermain and
the lining of the adjacent sanitary sewer trunk main were added to the 2002 program at the
request of the City Operations and Maintenance Director.
The City has budgeted to address miscellaneous drainage problems identified by the City
Engineer, City Staff and residents. In the past the City has made drainage improvements in the
McClung ditch and Arden Manor Park as a part of this program.
Project Status
The final plans and specifications for the two projects have been completed. The proposed
improvements associated with each project are summarized below:
2002 Sanitary Sewer and Watermain Rehabilitation Proiect:
This project includes pipe joint testing and sealing of the sanitary sewer main located in the
southwest comer ofthe City generally bound by Lake Johanna, County Road D, Cleveland
Avenue and Stowe Avenue. This work will be done via manholes and will cause minimal
disruption to the neighborhood. The budgeted amount for this work is $100,000. The Engineer's
estimate for this portion of the work is $100,000.
C:\Documents and Settings\CynthiaY\Local Settings\Temporary Internet Files\OLK3\CouncilMemo7-8-02.doc
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Memorandum
July 2, 2002
Page 2
The project also includes the replacement of approximately 1300 feet of8 inch diameterwatermain
located along Old Highway 10 between Lake Valentine Road and County Road E-2. The new
watermain will be plastic in lieu of cast iron and should not cxperience the same degradation that
thc cast iron has experienced in this part of the City. The project includes directional boring of the
watermain across Lake Valentine Road and County Road E-2 to minimize disruption to the
travelling public. The project also includes a water service to Valentine Park for potential future
fountains and restrooms. The watermain is locatcd parallel to and approximately 10 feet apart from
an existing 12" and 10" diameter sanitary sewer trunk main. The sanitary sewer trunk main was
televised several years ago and consists of clay pipe in fair to poor condition. The project includes
the lining of the sanitary sewer adjacent to the watermain in order to protect the sanitary sewer from
damage during the replacement of the watermain (adjacent excavation), and to extend the life of the
pipe by at least fifty years and greatly reduce infiltration of groundwater into the system. The
Engineer's Estimate for this portion of work is $155,000.
The total estimated construction cost for the 2002 Sanitary Sewer and Watermain Improvements is
$255,000. There was no planned budget for this rehabilitation work. The Sewer Utility Fund #602
currently has a balance of approximately $1,650,000. The Water Utility Fund #601 currently has a
balancc of$I,500,000.
2002 Drainaee Improvements
The project includes improvements at Perry Park along an existing slope to address a severe erosion
condition which may ultimately threaten playing ficlds. The work includes constructing a wide rip
rap lined swale. The Engineer's Estimate for this portion of work is $39,000.
The project also includes improvements at the south end of Karth Lake in Cummings Park. The
work includes removing silt from existing settlement ponds, slope stabilization, rip rap placement
and possible trail reconstruction. The Engineer's Estimate for this portion of the work is $20,000.
The total estimated construction cost for the 2002 Drainage Improvements is $59,000.
The budgeted amount for these improvements is $100,000. The Surface Water Management Utility
Fund currently has a balancc of approximately $530,000.
Recommendation
The City Engineer recommends that the Council approve the final plans and specifications and
authorize the advertisement ofthe projects to receive bids. The following are the proposed project
schedules based upon Council approval July 8, 2002.
Bid Opening
Contract Award
Begin Construction
Complete Construction
August 6, 2002
August 12, 2002
August 19,2002
October 11, 2002
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City of Arden Hills
Ramsey County, Minnesota
Resolution No. 02-32
A Resolution Authorizing Advertisement for Public Improvements
2002 Sanitary Sewer and Water Main Rehabilitation Project
and
2002 Drainage Improvement Project
WHEREAS, the City's 2002 budget provides for 2002 Sanitary Sewer and Water
Main Rehabilitation Improvement Project, and the 2002 Drainage Improvement Project as
designed by URS/City Engineer Greg Brown.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby
approve authorization to advertise for Public Improvements of the 2002 Sanitary Sewer and .
Water Rehabilitation Project and the 2002 Drainage Improvement Project.
ADOPTED by the Council this 8th day of July, 2002.
Dennis Probst, MAYOR
ATTEST:
Joseph Lynch, Administrator
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MEMORANDUM
Agenda Item 4.A
DATE:
July 1, 2001
FOR:
July 8, 2002 City Council Meeting
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
cc:
Joe Lynch, City Administrator
FROM:
Cynthia Young, Deputy Clerk
SUBJECT: Trinity Lutheran Church Annual Excmpt Gambling Permit
Background
The City has received an application from Trinity Lutheran Church for its annual Exempt
Gambling Permit for a charitable gambling event to be held Saturday, September 14, 2002,
between the hours of 11 :00 a.m. and 4:00 p.m. on church property.
What is an Exempt Permit?
This form of approved charitable gambling approved by the State Gambling Control Board is
applicable to nonprofit organizations who do not have an active charitable gambling license, but
still wish to utilize charitable gambling events for fund raising purposes. These organizations are
limited as to the number of exempt permits allows in a year (five) and the total prize payout in a
year ($50,000).
Trinity Lutheran Church is an exempt organization under the provisions of Section 501 (c )(8) of
the Internal Revenue Code. The organization will be represented by Ms. Patricia Johnson if the
City Council has any questions regarding this application.
Recommendation
Staff recommends that Council approve Resolution No. 02-33, "Approving an Exempt Gambling
Permit Application for Trinity Lutheran Church," at the July 8, 2002, regular Council meeting.
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO. 02-33
A RESOLUTION
APPROVING AN APPLICATION FOR AUTHORIZATION
FOR AN EXEMPT GAMBLING PERMIT
FOR TRINITY LUTHERAN CHURCH
THEREFORE, BE IT RESOLVED that the City Council hereby approves the
application for authorization to conduct exempt gambling activities at Trinity Lutheran Church at
its annual Septemberfest event to be held September 14, 2002 with total prizes not exceeding
$2,500.00 for the 2002 calendar year.
ADOPTED by the City Council this 8th day of July, 2002.
DENNIS PROBST, MAYOR
ATTEST:
JOSEPH P. LYNCH, CITY ADMINISTRATOR
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Mayor ~ 1245 W. Highway 96
Dennis Probst ~HILLS Arden Hills, Minnesota
_counCil Members 55112
Beverly Aplikowski Arden Hills City Council 651.634.5120
David Grant
Gregg Larson
Lois Rem WORK SESSION
4:45 p.m.
Monday July 15, 2002
Agenda
(The times may vary depending upon length of discussion.)
1. Call to Order
DEPARTMENT STAFF TIME
2. COMMUNITY SERVICES 4:45
A. 2002 Day in the Park Review & 2003 Michelle Olson and Thomas Moore
Budget
B. TCAAP Updates
1. Interim Development Joe Lynch and Jerry Filla
Agreement
1_3. FlNANCE 5:10
A. 2002 Revised Budget Terry Post
B. 2003 CIP Terry Post
4. OPERATIONS & MAINTENANCE 5:30
A. 2004 - 2007 PMP & 5- Y ear CIP Greg Brown
5. ADMINISTRATION 5:40
A. City Council Requests of Staff Joe Lynch
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson
C. Council Member Aplikowski
D. Council Member Rem
E. Mayor Probst
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MEMORANDUM
DATE:
July 10,2002
Agenda Item 2.A
TO: Joe Lynch - City Administrator
CC: Thomas J. Moore - Director of Operations and Maintenance
Michelle Olson - Recreation Program Supervisor fl7&
FROM:
SUBJECT: "Day in the Park"
ENCL: Budget, Staffing/Labor Costs
Backl!round
Earlier this year, the City Council approved the tradition set forth by the success of the City's
50th Anniversary Celebration by allocating $17,500.00 to subsidize a portion of the 2002 Day in
the Park event. It was anticipated that the remaining funds necessary to support this event would
come from donations from local businesses and organizations. It should be established that the
2002 event was down-scaled from the previous year's activities. The 2002 Arden Hills- Day in
the Park was indeed a success! However, the following issues need to be addressed to aid in the
planning of this annual occurrence
. DOes the City wish to continue this as an annual event, and if so, how much staff
and City Council time should be devoted? The City Events Task Force has
diminished in size and this year's event was run by seven volunteers, one City
Council liaison, and two staff liaisons. City staff put in countless hours of work
to prepare for, and run the event and Operations and Maintenance in combination
with Recreation staff put in approximately $2,340.27 oflabor (see attached). This
includes all work done on the actual day and also Pam Sweeney's involvement on
the committee. How can we get the community more involved or is that a factor?
. The budget for this year's event is attached. We will have an approximate
shortfall on funding of $4,191.97. Does the City want to continue fund raising
for this event, and if so, how much money should be allocated from the City and
how much fund raising monies should be anticipated?
. Is the Council comfortable with the current scope of the event? Do we need a
parade every year? Do we want a fireworks display every year?
.
.
.
Memo to Joe Lynch
Day in the Park
Page 2
· The advertising/promotion of the event needs to be addressed. How do we
promote attendance? The 2002 Day in the Park event was advertised via bulk
mailing to residents and was also published in all the local newspapers. The
number of participants was greatly decreased from the previous year's
celebration.
Recommendation
Staff recommends that the City continue to sponsor its Day in the Park celebration as an annual
event. Each year the event occurs more people attend. As far as scope, staff believes the parade
and fireworks display are the most attractive activities to the public. Staff further recommends
the City Council allocate $20,000 per year for the event, with additional monies funded through
local businesses and organizations. Staff is concerned that the planning and organizing of this
annual event may be compromised by the lack of community support and volunteers which are
necessary for its success in the future.
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City of Arden Hills - Day in the Park 2000
City Staff Labor Costs
.
101 226
# Hourly Gross 41100 45120 45120
Emplovee Hours Waoe Wages 4900 1041 1044
Montgomerv, D 4.25 7.00 29.75 29.75 -29.75
Holen, Beth 7 7.50 52.50 52.50 -52.50
Grant, Sara 7.5 7.25 54.38 54.38 -54.38
Hangsleben, L 7 7.50 52.50 52.50 -52.50
Mittelstadt, M 7.5 7.00 52.50 52.50 -52.50
Delisle, E 3.5 7.00 24.50 24.50 -24.50
Gabiou, M 10.5 15.00 157.50 157.50 -157.50
ITotals 147.251 58.251 423.6311 423.6311 .266.131 -157.501
101 226
41100 45120
1220 1220
FICA I 32.4111 I -32.411
Totals
456.04 .266.13 -189.91
.
Donations
Presbyterian Homes
Lakeside Homes
Arden-Pharmacy
Bremer Bank
Arden View Kiwanis
Bethel Colege
Northwestern College
Rehbein/Centex
Wells Fargo
Land O'Lakes
SI. Paul Metalcrafl
Lois Rem
David Grant
Guidant
Syd Jensen
Art Vendors
Robert Gray
Joyc Arts Lt
W. Rasmussen
M. Clarke
Bao Yang
Tupperware
TableslTents
Kiwanis
Trinity Luterhan
Ramsey County libraI')
Food Vendors
Skinners' BBQ
Forreasto's
T-Shirt Sales
Page 1
Day In the Park 2002
Revenue
Totals
$2,500.00
$1,173.03
$100.00
$200.00
$70.00
$300.00
$2,500.00
$1,500.00
$500.00
$500.00
$100.00
$50.00
$50.00
$1,000.00
$150.00
$10,693.03
Donations
Art Vendors
TableslTestns
Food Vendors
T-Shirt Sales
Special Events Refund
City Contribution
$40.00
$40.00
$40.00
$40.00
$40.00
$40.00
$240.00
$55.00
$5.00
$45.00
$105.00
$62.40 (-10% cut)
$140.00 (-10% cut)
$202.40
$143.00
.
$10,693.03
$240.00
$105.00
$202.40
$143.00
$11,383.43
$900.00
$12,283.43
$17.500.00
$29,783.43
.
.
.
.
.
Day In the Park 2002
Expense
Entertainment
Shoreview Northern Lights Variety Band
Splatter Sisters
Mad Science of Minnesota
Fireworks
Fireworks Insurance
Special Events of America
Special Events of America
Special Events of America
Animals of Walton's Hollow
Twin Cities Unicycle Club
Prior Lake Water Ski Show
Mike Morse - DJ Duffy
Parade
Tom's Mechanical Music
Twin Cities Unicycle Club
SI. Paul Clown Club
Typing Projects
Powder Puff Clown Club
Steel Drummerettes
Minnesota Pipes & Drums
Stamps
Thrifty Car Rental
Lynn Diaz (cookies)
Ice
Bins/Ice
Tea In The Tent
Harpist
Stillwater Trolley
Prize Drawings/Give-Aways
Panino's/Kozlaks (Syd Jensen)
Frattalone's (Blower Vac)
Teddy Sears (Jim Paulet)
Plant/Garden Waterer (Lynn Diaz)
Target
Balloon-Heleium Tanks
Lee Osterberg
Lakeside Homes
Page 2
$500.00
$525.00
$215.00
$7,500.00
$250.00
$2,500.00
$5,205.28
$447.30
$1,450.00
$400.00
$1,625.00
$350.00
$20,967.58
$300.00
$400.00
$175.00
$113.00
$200.00
$100.00
$450.00
$13.60
$92.55
$217.35
$72.00
$47.54
$2,181.04
$150.00
$600.00
$750.00
$75.00
$63.87
$72.15
$66.56
$340.64
$64.58
$210.78
$114.17
$1,007.75
Day In the Park 2002 .
Expense
First Aid
Red Cross ($35/hr x 10 hours) $350.00
Transportation
First Student $612.50
Golf Carts (cost is approximate) $300.00
$912.50
Signs
Signarama $1,428.99
Kinko's $93.29
$1,522.28
Programs
Accurate Press $231.74
Bulk Mailing $471.54
Day In The Park Letter $213.00
$916.28
Sound/Communication
Allied Audio $1,171.00 .
Capital 2-Way Communications $63.90
Generator (cost is approximate) $600.00
$1,834.90
Bathrooms
Snelling Avenue
Lake Johanna Blvd.
Lake Johanna Blvd. - Tony Schmidt Park
$74.55
$74.55
$287.55
$436.65
Park Rental
Ramsey County
$686.66
Miscellaneous
Heleium Tank
Thank You Cards
$58.86
$10.63
~
Staffing
Operations & Maintenance
Other Staff
$1,884.23
$456.04
$2,340.27
Total Expenses
$33,975.40
.
Page 3
t
.
.
.
Total Revenue
Total Expenses
Page 4
Day In the Park 2002
Revenue/Expenses Summary
$29,783.43
$33.975.40
($4,191.97) Short Fall
,
.
.
.
DRAFT
INTERIM AGREEMENT
1.0 Parties. THIS INTERIM AGREEMENT is dated the day of
, 2002, and is entered into by and between the City of Arden Hills, a Minnesota
statutory city (herein "City") and CRR, LLC, a Minnesota limited liability company
("Developer").
2.0 Recitals.
A. WHEREAS, the City anticipates receIVIng from the General Services
Administration ("GSA") a conveyance of approximately 1 ,072 acres of the
former Twin Cities Army Ammunition Plant ("TCAAP Site") which is more
particularly described or illustrated on Exhibit A attached;
B.
WHEREAS, the City desires to have the TCAAP Site developed as a mixed
use open space, recreational, commercial, residential and professional
development ("Project") generally consistent with the Vento Plan, attached
as Exhibit B ("TCAAP Utilization Plan");
C. WHEREAS, the parties agree that the TCAAP Utilization Plan provides a
broad framework for the Project and that modification of the TCAAP
Utilization Plan may be necessary or appropriate due to economic,
environmental, or other factors;
D. WHEREAS, the City has selected the Developer to be the Master Developer
for the construction of the Project on the TCAAP Site subject to the
negotiation and execution of a Disposition and Development Agreement
("DDA");
E. WHEREAS, Developer, at its sole cost and expense, has agreed to assist the
City in obtaining a transfer of the TCAAP Site from the GSA and to
undertake an extensive environmental analysis of the TCAAP Site in order to
determine ifit is economically feasible to construct the Project on the TCAAP
Site; and
F.
WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the TCAAP
Site, the environmental survey and analysis of the TCAAP Site, the
preparation of a DDA which would become effective upon transfer of the
.
TCAAP Site to the City and the preparation of an Amendment to the .
Comprehensive Land Use for the TCAAP Site ("Comprehensive Plan
Amendment") for the TCAAP Site.
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
herein expressed, City and Developer agree to the following terms and conditions:
3.0 Major Tasks. The following major tasks shall be undertaken and completed by the
parties during the term of this Interim Agreement or any extension thereof.
A. Negotiated or Legislative Transfer of TCAAP Site.
I. Develooer Obligations. Developer shall accomplish the following
tasks:
a. Coordinate meetings between the City and GSA regarding
negotiation of a non-competitive land transfer agreement.
b.
Negotiate with the United States Department of Defense,
Department of the Army ("Army") to minimize the institutional
controls and deed restrictions which are incompatible with the
City's Comprehensive Plan Amendment.
.
c. Negotiate with the Minnesota Army National Guard to meet
their needs efficiently and economically.
d. Formulate and implement strategy to ensure support of
Minnesota's Congressional Delegation.
e. Keep City apprised of status of all negotiations with various
agencies and parties through regular progress reports.
2. City Obligations. The City shall accomplish the following tasks:
a. Review and comment on agreements proposed as a result of the
completion of Developer Obligations pursuant to 3.0(A)(l).
b. Assist with negotiation efforts of the Developer.
.
2
.
c.
Participate in meetings.
d. Keep Developer apprised of status of all negotiations with
various agencies and parties through rcgular progrcss reports.
B. Environmental Analysis of TCAAP Site.
I. Developer Obligations. Devcloper shall accomplish thc following
tasks:
a. Negotiate with state and federal regulators to determine
standards that will be required for remediation and which are
acceptable to the Developer and City.
b. Ascertain the status of the Army's remediation efforts and
negotiate with the Army for the transfer of remediation
responsibility if deemed necessary or appropriate by the
Developer.
.
c.
Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issues.
d. Work with insurance carrier to manage environmental risk and
costs through specific pollution liability policies.
e. Coordinate financial arrangements and insurance liability to
maximize financing feasibility for redevelopment.
f. Developer shall have the right to enter TCAAP Site for the
purposes of conducting inspections and tests following
coordination with and approval from the federal government,
subject to thc following terms and conditions:
(I) Developcr shall pay for all testing, inspections, studies,
or surveys of the site. Developer shall keep the site free
and clear of all liens and shall repair any damage to the
site that is caused by or in any way connected with said
tests, inspections, studies, or surveys.
.
3
(2)
Developer shall submit to the City a list of persons and
businesses who shall work on the site.
.
(3) Developer shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with any testing work on the site
as rcquired by the federal government or thc City.
(4) Devcloper shall give all noticcs and comply with all
applicable laws, ordinances, rules, regulations, and
lawful orders of any public authority bearing on the
safety of persons or propcrty or their protection from
damages, injury or loss.
(5) Dcveloper shall indemnifY and hold the City harmless
for any damagcs caused by Developer's entry onto the
TCAAP Site. Developer shall provide City with a
Certificate of Insurance indicating that Developer is
insured for such risks.
(6)
Comply with other obligations for TCAAP Site access
as may be imposcd by the federal government.
.
2. City Obligations. City shall provide Developer with environmental
data which City has for the TCAAP Site or which may be developed
as part of the preparation of the City's Comprehensive Plan
Amendment and Infrastructure Plan.
C. Preparation of Land Use and Infrastructure Plan.
1. Developer Obligations. Developer shall accomplish the following
tasks:
a. Collcct and analyze site data including:
(1) Review of on-base information sources to identifY
existing conditions.
.
4
.
(2)
Perform building inspection, and infrastructure systems
surveys including location verification, inventory, and
condition evaluation.
(3) Evaluate the research and field investigation results to
identifY system conditions, capacities and constraining
elements of infrastructure as well as possible
opportunities for expanded service.
b. Share Information. Provide City with data obtained during
Developer's site review.
c. Review and Comment. Review and comment on drafts of the
City's Comprehensive Plan Amendment and Infrastructure
Plans as well as the City's economic impact study relative to
possible infrastructure financing.
2. City Obligations. Thc City shall accomplish the following tasks:
.
a.
Request for Oualifications. City shall prepare an RFQ and
retain a plarming consultant who shall prepare a Comprehensive
Plan Amcndment and Infrastructure Plan for the TCAAP Site
to include the following elements:
(1) Coml'fchell3i'vc riM AmclltlnKIJt Il:[,d Overlay Zoning
Ordinance, Design Guidelines, and related regulatory
changes to ensure implementation of the Comprehensive
Plan Amendmcnt.
(2) Transportation analysis and study.
(3) Preliminary layout of infrastructure (street, sewer, water,
and storm water).
b. Retain Financial Consultant. Retain financial consultant to
providc an economic impact study for the construction and
paymcnt of public infrastructure improvements for thc TCAAP
Site.
.
5
c.
Comprehensive Plan Amendment. Submit Comprehensive
Plan Amcndment to Metropolitan Council for review,antlt:
auut6val.
.
d. Public Input. Retain the University of Minnesota Design
Center for the American Urban Landscape to conduct
community meetings regarding the reuse of the TCAAP Site.
e. Plan Review. Review and comment on data collected and
analyzcd by Developer.
f. Share Information. Provide Developer with data obtained
during City's activities pursuant to this Section 3.C.2.
D. DisDosition and Develooment Agreement.
I.
Exclusive Right to Negotiate. During the term of this Intcrim
Agreement, Developer shall have the exclusive right to ncgotiate with
the City regarding thc acquisition and development of the TCAAP Site
or any portion thereof. City shall not solicit or entertain bids or
proposals from third parties in regard to disposition and dcvclopmcnt
of any portion of the TCAAP Site without prior written consent of the
Developer.
.
2. Developer Participation. The parties anticipate that during the term
of this Interim Agreement, communications and negotiations with the
Army, GSA, and other third parties may take place concerning the
acquisition of the sTGAAPSite and necessary approvals for any
proposed projects. Dcvcloper shall be entitlcd to participate in such
discussions unless any said third party objects to the participation by
the Developer; or it is legally inappropriate for the Developer to
participate in the discussions or negotiations taking place in a closed-
session of a public agency. Each party hereto shall keep the other
party informed as to the nature and progress of any such discussions.
3. Re~ular Meetinli:s. Thc parties shall conduct regularly scheduled
meetings until the initial draft of the DDA is prepared and subsequcnt
meetings as necessary to incorporate data obtained during the
.
6
.
environmental analysis of the TCAAP Site and the preparation of the
City's Comprehensive Plan Amendment and Infrastructure Plans.
E.
Cost Reimbursement. The Devcloper shall reimburse the City for all costs
which the City incurs during thc term of this Interim Agreement in the
discharge of the duties hereby imposed on the City including, but not limited
to, engineering, legal, and planning consultants; and administrative timc and
expenses incurred by the City; and where deemed appropriate by the City
Council, travel incurred by City Officials occasioned by attending meetings
with third parties at Developer's request (all herein "Reimbursable
Expenses"). The City's estimated budget for reimbursable expenscs and
billing rates is attached as Exhibit C. Changes to estimatcd budgcts shall be
approved by thc Developer and the City Administrator.
1.
Restricted Account. Upon exccution of this Interim Agreement,
Developer shall deposit $100,000 with City which shall be placed in
a restricted account and may only be used by City for reimbursable
expenses. Prior to making a draw on a restricted account, City shall
notifY Developer. The notice shall include a documentation of costs
incurred. Each time the balance in the restricted account drops below
$50,000, Developer shall deposit an additional $50,000.
.
2. Avoidance of DuvIication. City agrees to keep Developer apprised
of the Wneofreimbursable expenses which are being incurred so that
each party can attempt to avoid a duplication of services and expenses;
provided that, the City, in its sole discretion, may determine which
reimbursable costs are necessary for the City to incur in order to satisfY
its obligations pursuant to thc terms of this Interim Agreement.
.
F. Limitations. This Interim Agreement does not constitute a disposition of
property or any waiver of the exercise of control by the City. Execution of
this Interim Agreement by thc City is merely an agreement to enter into a
period of exclusive negotiations according to the terms hereof, reserving futal
discrction 6f:finaI2.approval by-to the City as to any Disposition and
Development Agreement and all proceedings and decisions in connection
therewith. The City and Developer understand that the property in question
is currently owned by the United States Government and that the purpose of
this Interim Agrcement is to assist in negotiations with said Government to
have the site conveyed to the City on terms and conditions favorablc to the
7
City and for the purposes outlincd in this Interim Agreement or as may be .
described in a final Disposition and Development Agreement.
G. Term of Agreement. This Interim Agreement shall bccome effective upon
cxecution by City and Dcveloper ("Commencement Date") and shall
terminate in twclve (12) months from such Commencement Date unless
terminated at an earlicr date or extended as hereinafter provided:
1. Developer Non-feasibility Determination. If at any time the
Developer determines that the development ofthe TCAAP Site is not
feasible for any ofthc following reasons, Developer can terminatc this
Interim Agreement in its sole discretion:
a. Inability to negotiate with government agencies under
economical terms for the disposition and rcmediation of the
TCAAP Sitc.
b.
Discovcry of environmental conditions not currently anticipated
and remediation costs associated thcrewith which would make
the development not economically fcasible.
.
c. Failure of the City to adopt a Comprehensive Plan Amendment
consistent with the TCAAP Utilization Plan.
d. Dctermine pursuant to the feasibility studies described in
Section 3 .B.l.c. that private development of the TCAAP Site by
the Developer is not feasible.
e. Failure to secure governmental approvals which would allow
the Project to proceed.
2. City BestInterest Determination. If, at any time, the City determines
that it is not in the best intcrest of the City to obtain the TCAAP Site
for any of the following reasons, City can terminate this Interim
Agreemcnt in its sole discretion:
a. A proposal to transfcr property in a manner that would expose
the City to unacceptable environmental remediation risks.
.
8
.
b.
Failure of Developcr to .propose a land development plan
consistcnt with thc TCAAP Utilization Plan and the City's
Comprehensive Plan Amendment.
3. Failure to Reach Agreement. Parties acknowledge that the
environmental survey of the TCAAP Site, the transfer of the TCAAP
Site, and thc preparation of a Comprehensive Plan Amendment will be
a complex and expensive undertaking. If cither party has not been
able to complete its obligations under this Interim Agreement within
the initial twclve-month tcrm, but has made reasonable progress; and
if the dclays are the result of matters beyond the party's control,
tfteeither party may extend the term ofthisTnfel'imIAgreement for an
additional twelve months by writtcn notice to the other party.
Thereafter, thc term ofthis]ntel'im Agreement may be extcnded by
mutual conscnt of the parties for six additional months.
4.
Default. If Developer fails to perform its obligations under Section
3.0E, the City may serve Notice of Defauit upon the Devcloper, by
certified mail, return receipt requested. The Developer shall have
thirty (30) days from the date of the Notice of Default to cure the
default or the City may terminate this Interim Agrecment.
.
H. Data and Reports. Developer shall provide City with copies of the reports
and studies as identified on Exhibit D. If this Intel'im':Agreement is
terminated, the City may retain such data and reports upon payment of $ _
_ to the Developer.
I. Notice and Correspondence. Any notice required to be given to either party
shall be in writing and deemed given if personally delivcred upon the othcr
party;, orif depositcd in thc United States mail; and sent certified mail, return
reccipt requestcd, postage prepaid and addressed to the other party at the
address set forth below~ orif sent via facsimile transmission during normal
busincss hours to the party to which notice is given at the telephone number
listed for fax transmission.
1. Developer. Notices to Developer shall be addressed to the following
party:
.
9
.
2. City. Notices to the City shall be addressed to the following party:
J. Entire A\:reement. This IntenuliAgreement contains the cntire agreement
of the parties with rcspect to the matters covered by this Irltetinf Agreement
and no other statemcnt or representation by any employee, officcr or agent of
any party, which is not contained in this liitenm Agreement, shall be binding
or valid.
K. Modification. This IntetimAgrecment is not subject to modification except
in writing.
L.
Interpretation. This Intetim:!.Agreement has been negotiated by and
between the representatives of both parties, all persons knowledgeable in the
subject matter of this IhterimAgreement, and each party had the opportunity
to have thdntetimAgreement reviewed and drafted by their respective legal
counsel. Accordingly, any rule of law or legal decision that would require
interpretation of any ambiguities in this Iiitel'im;Agreement against the party
that has drafted it is not applicable and is waived. The provisions of this
Interim'Agreement shall be interpreted in a reasonable marmer to effect the
purpose of the parties and thisUntetimAgreement.
.
M. Captions. Titles or captions of sections and paragraphs contained in this
Ihterim.Agreement are inserted only as a matter of convenience and for
rcfercnce, and in no way define, limit, extend or describe the scope of this
Interim Agreement or the intent of any provisions.
N. Relationship of Parties. Nothing in this Interim':Agreement shall creatc a
joint venturc, partnership, or principal-agcnt relationship between the parties.
o.
Waiver. No waiver of any right or obligation of either party hcreto shall be
effective unless in a writing, specifYing such waiver, executcd by the party
against whom such waivcr is sought to be enforced. A waiver by either party
.
10
.
of any of its rights under this IhterilliAgreement on any occasion shall not
be a bar to the exercise of the same right on any subsequent occasion or of any
othcr right at the time.
P.
Counterparts. This lilteriill\"Agreement may be executed in two
countcrparts, each of which shall be deemed an original, but both of which
shall bc deemed to constitute one and the same instrument.
Q.
Attorney's Fees. In the event of any controversy, claim or dispute relating
to this Iijfel"iill'Agreement, or the breach or interpretation thereof, each party
shall bear its own costs.
R.
Further Assurances. The parties each agree to make, execute and deliver
such other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Intenm"Agreement.
S.
Exhibits. The following listed exhibits are attached hcreto and incorporated
herein.
. 1. Exhibit A - TCAAP Site.
2. Exhibit B - Vento Plan.
3. Exhibit C - City Budgct.
4. Exhibit D - Data and Reports.
T.
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Time and Benefit. Time is hereby declared to be of the essence of this
lilterhnAgreement and cach and every provision hereto. This'Interill1'
Agrcement shall inure to the benefit of thc parties, their heirs, trustee,
representatives, administrators, successors and assigns.
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IN WITNESS WHEREOF, the parties havc hereunto set their hands the day and year .
first above written.
DEVELOPER: CRR,LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before me, a Notary Public
within and for said county, personally appeared , a , and
executed the foregoing instrument and acknowledged that he executed the same by authority
of and on behalf of CRR, LLC.
Notary Public
CITY OF ARDEN HILLS
.
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before mc, a Notary Public within and
for said county, personally appcared Dcnnis Probst and Joseph Lynch, to mc known to be
the Mayor and City Administrator, for the City of Arden Hills and they cxccuted the
foregoing instrument and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
.
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Notary Public
F:\users\LORI\Jcrry'v\rden Hills\TCAAP\TCAAP.lnlerim.Agrll to 12comp. wpd
July I I, 2002 (144PM)
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DRAFT
INTERIM AGREEMENT
1.0 Parties. THIS INTERIM AGREEMENT is dated the day of
, 2002, and is entered into by and between the City of Arden Hills, a Minnesota
statutory city (herein "City") and CRR, LLC, a Minnesota limitcd liability company
("Developer").
2.0 Recitals.
A. WHEREAS, the City anticipates rccelVlng from the General Services
Administration ("GSA") a conveyance of approximately 1 ,072 acres of the
former Twin Cities Army Ammunition Plant ("TCAAP Site") which is more
particularly described or illustrated on Exhibit A attached;
B.
WHEREAS, thc City desires to have the TCAAP Site dcveloped as a mixed
use open space, rccreational, commercial, residential and professional
development ("Project") generally consistent with the Vento Plan, attached
as Exhibit B ("TCAAP Utilization Plan");
c.
WHEREAS, the parties agree that the TCAAP Utilization Plan provides a
broad framework for the Project and that modification of the TCAAP
Utilization Plan may be necessary or appropriate due to economic,
environmental, or other factors;
D. WHEREAS, the City has selected the Developer to be the Master Developer
for the construction of the Project on the TCAAP Site subject to the
negotiation and execution of a Disposition and Development Agrcemcnt
("DDA");
E. WHEREAS, Developer, at its sole cost and expense, has agreed to assist the
City in obtaining a transfer of the TCAAP Site from the GSA and to
undertake an cxtensive environmental analysis of the TCAAP Site in order to
determinc ifit is cconomically feasible to construct the Project on the TCAAP
Sitc; and
F.
WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the TCAAP
Site, the environmental survcy and analysis of the TCAAP Site, the
preparation of a DDA which would become effective upon transfcr of the
TCAAP Site to the City and the preparation of an Amendment to the .
Comprehensive Land Use for the TCAAP Site ("Comprehensive Plan
Amendment").
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
hcrcin expressed, City and Developer agrec to the following terms and conditions:
3.0 Maior Tasks. The following major tasks shall be undcrtaken and completed by the
parties during the term of this Interim Agreement or any extension thereof.
A. Nel!:otiated or Le~islative Transfer of TCAAP Site.
I. Developer Oblil!:ations. Developer shall accomplish thc following
tasks:
a. Coordinate meetings between the City and GSA regarding
negotiation of a non-competitive land transfer agreement.
b.
Negotiate with the United States Department of Defcnse,
Department ofthe Army ("Army") to minimize the institutional
controls and deed restrictions which are incompatible with the
City's Comprehensive Plan Amendment.
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c. Negotiate with the Minnesota Army National Guard to meet
their necds efficiently and economically.
d. Formulate and implement strategy to cnsure support of
Minnesota's Congressional Delegation.
c. Keep City apprised of status of all negotiations with various
agencies and parties through regular progress reports.
2. City Obligations. The City shall accomplish the following tasks:
a. Rcview and comment on agreements proposed as a result ofthe
completion of Developer Obligations pursuant to 3.0(A)(1).
b. Assist with negotiation cfforts of the Developer.
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c.
Participate in meetings.
d. Keep Dcveloper apprised of status of all negotiations with
various agencies and parties through regular progrcss reports.
B. Environmental Analysis of TCAAP Site.
1. Developer Obligations. Developer shall accomplish the following
tasks:
a. Negotiate with state and federal regulators to detcrminc
standards that will be required for remcdiation and which are
acceptable to the Developer and City.
b. Ascertain the status of the Army's remediation efforts and
negotiate with the Army for the transfer of remediation
responsibility if deemed necessary or appropriate by the
Developer.
.
c.
Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issucs.
d. Work with insurance carrier to manage environmental risk and
costs through specific pollution liability policies.
e. Coordinate financial arrangemcnts and insurance liability to
maximize financing feasibility for redevelopment.
f. Developer shall have thc right to enter TCAAP Site for the
purposes of conducting inspections and tests following
coordination with and approval from the federal government,
subject to the following terms and conditions:
(1)
Developer shall pay for all testing, inspections, studies,
or surveys of the site. Developer shall keep the site free
and clcar of all liens and shall repair any damage to the
site that is caused by or in any way connected with said
tcsts, inspections, studies, or surveys.
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(2)
Dcveloper shall submit to the City a list of persons and
businesses who shall work on the sitc.
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(3) Developcr shall be responsible for initiating,
maintaining, and supervising all safety precautions and
programs in connection with any testing work on the site
as required by thc federal government or the City.
(4) Developer shall give all notices and comply with all
applicable laws, ordinances, rules, regulations, and
lawful orders of any public authority bearing on the
safety of persons or property or their protection from
damages, injury or loss.
(5) Developer shall indemnifY and hold the City harmless
for any damages caused by Developer's entry onto the
TCAAP Site. Developer shall provide City with a
Certificate of Insurance indicating that Developer is
insured for such risks.
(6)
Comply with other obligations for TCAAP Site access
as may be imposed by the federal government.
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2. City Obli~ations. City shall provide Developer with environmental
data which City has for the TCAAP Site or which may be dcveloped
as part of the preparation of the City's Comprehensive Plan
Amendment and Infrastructure Plan.
C. Preparation orLand Use and Infrastructure Plan.
1. Developer Oblil:ations. Developer shall accomplish the following
tasks:
a. Collect and analyze site data including:
(1) Review of on-base information sources to identifY
existing conditions.
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(2)
Perform building inspection, and infrastructure systems
surveys including location verification, inventory, and
condition evaluation.
(3) Evaluate the research and field investigation results to
identifY system conditions, capacities and constraining
elements of infrastructure as well as possible
opportunities for expanded service.
b. Share Information. Provide City with data obtained during
Developer's sitc review.
c. Review and Comment. Review and comment on drafts of the
City's Comprehensive Plan Amendment and Infrastructure
Plans as well as the City's economic impact study relative to
possible infrastructure financing.
2. City Obligations. The City shall accomplish the following tasks:
.
a.
Request for Oualifications. City shall prepare an RFQ and
retain a planning consultant who shall prep arc a Comprehensive
Plan Amendment and Infrastructure Plan for the TCAAP Site
to include the following elements:
(1) Zoning Ordinance, Design Guidelines, and related
regulatory changes to ensure implementation of thc
Comprehensive Plan Amendment.
(2) Transportation analysis and study.
(3) Preliminary layout of infrastructure (street, sewer, water,
and storm watcr).
b.
Retain Financial Consultant. Retain financial consultant to
provide an economic impact study for the construction and
payment of public infrastructure improvcmcnts for the TCAAP
Site.
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c.
Comprehensive Plan Amendment. Submit Comprehensive
Plan Amendment to Metropolitan Council for review and
approval.
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d. Public Inout. Retain the University of Minnesota Design
Center for the American Urban Landscape to conduct
community mcetings regarding the reuse ofthc TCAAP Sitc.
e. Plan Review. Review and comment on data collected and
analyzed by Developer.
f. Share Information. Provide Developer with data obtained
during City's activities pursuant to this Section 3.C.2.
D. Disposition and Development Al!reement.
1.
Exclusive Right to Negotiate. During the tcrm of this Interim
Agreemcnt, Developer shall have the exclusive right to negotiate with
the City regarding thc acquisition and development of the TCAAP Site
or any portion thereof. City shall not solicit or entertain bids or
proposals from third parties in regard to disposition and development
of any portion of the TCAAP Site without prior written conscnt of the
Developer.
.
2. Develooer Participation. The parties anticipate that during the term
of this Interim Agreement, communications and negotiations with the
Army, GSA, and other third parties may take place concerning the
acquisition of the TCAAP Site and necessary approvals for any
proposed project. Developer shall be entitled to participate in such
discussions unless any said third party objects to the participation by
the Developer; or it is legally inappropriate for the Developcr to
participate in the discussions or negotiations taking place in a closed-
session of a public agency. Each party hercto shall keep the other
party informed as to the nature and progress of any such discussions.
3. Rel1'ular Meetings. The parties shall conduct regularly scheduled
meetings until thc initial draft of the DDA is prepared and subsequent
meetings as neccssary to incorporate data obtained during the
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F.
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environmental analysis of the TCAAP Site and the preparation of the
City's Comprehensive Plan Amendment and Infrastructure Plans.
E.
Cost Reimbursement. The Developer shall reimburse the City for all costs
which the City incurs during the term of this Interim Agreement in the
dischargc of the duties hereby imposed on the City including, but not limitcd
to, engineering, legal, and planning consultants; and administrative time and
expenses incurred by the City; and where dcemed appropriate by the City
Council, travel incurred by City Officials occasioned by attending meetings
with third parties at Developer's request (all herein "Reimbursable
Expenses"). The City's estimated budget for rcimbursable expcnses and
billing ratcs is attached as Exhibit C. Changcs to estimated budgets shall be
approved by the Developer and thc City Administrator.
1.
Restricted Account. Upon execution of this Interim Agreement,
Developer shall deposit $100,000 with City which shall be placed in
a restricted account and may only be used by City for reimbursable
expenses. Prior to making a draw on a restrictcd account, City shall
notifY Developer. The notice shall include a documentation of costs
incurred. Each time thc balance in the restricted account drops below
$50,000, Developer shall deposit an additional $50,000.
2. A voidance of Duulication. City agrees to keep Developer apprised
of the type of reimbursable expenses which are being incurred so that
each party can attempt to avoid a duplication of scrvices and expenses;
providcd that, the City, in its sole discrction, may determine which
reimbursable costs are ncccssary for the City to incur in order to satisfY
its obligations pursuant to the terms of this Interim Agreement.
Limitations. This Intcrim Agreement does not constitute a disposition of
property or any waiver of the exercise of control by the City. Execution of
this Interim Agreement by the City is merely an agreement to enter into a
period of exclusive negotiations according to the terms hereof, reserving
discretion of final approval to the City as to any Disposition and Development
Agrecment and all proceedings and decisions in connection therewith. The
City and Developer understand that the property in question is currently
owned by the United States Govcrnment and that the purpose of this Interim
Agrccment is to assist in negotiations with said Government to have the site
conveyed to the City on terms and conditions favorable to the City and for the
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purposes outlined in this Interim Agrccment or as may bc described in a final .
Disposition and Development Agreement.
G. Term of A2reement. This Interim Agreement shall become effectivc upon
execution by City and Developer ("Commencement Date") and shall
tcrminatc in twelve (12) months from such Commencement Date unless
terminated at an earlier date or cxtcnded as hereinafter provided:
1. Developer Non-feasibility Determination. If at any time the
Developcr determines that the development of the TCAAP Site is not
feasible for any of the following reasons, Developer can terminate this
Interim Agreement in its sole discretion:
a. Inability to negotiate with government agencies under
economical terms for the disposition and remediation of the
TCAAP Site.
b.
Discovery of environmentalconditions not currently anticipated
and remediation costs associated therewith which would make
the development not economically feasible.
.
c. Failure of the City to adopt a Comprehensive Plan Amendment
consistcnt with the TCAAP Utilization Plan.
d. Determine pursuant to the feasibility studies described in
Section 3.B.l.c. that private development ofthe TCAAP Site by
the Developer is not feasible.
e. Failure to secure governmental approvals which would allow
the Project to procccd.
2. City Best Interest Determination. If, at any time, the City determines
that it is not in the best intcrest of the City to obtain the TCAAP Site
for any of the following reasons, City can terminate this Interim
Agreement in its sole discretion:
a. A proposal to transfer property in a manner that would expose
the City to unacccptable environmental remediation risks.
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8
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b.
Failure of Developer to propose a land developmcnt plan
consistent with the TCAAP Utilization Plan and the City's
Comprehensive Plan Amendment.
3. Failure to Reach Al:reement. Parties acknowledge that the
environmental survey of the TCAAP Site, the transfer of the TCAAP
Sitc, and the preparation of a Comprehensive Plan Amendment will bc
a complex and expensive undertaking. If either party has not been
able to complete its obligations under this Interim Agreement within
the initial twelve-month term, but has made reasonable progress; and
if the delays are the result of matters beyond the party's control, either
party may extend the tcrm of this Interim Agreement for an additional
twelve months by written notice to the other party. Thereafter, the
term of this Interim Agreement may be extended by mutual consent of
the parties for six additional months.
4.
Default. If Developer fails to perform its obligations under Section
3.0E, the City may serve Notice of Defimlt upon the Developer, by
certified mail, return receipt requested. The Developer shall have
thirty (30) days from the date of the Notice of Default to cure the
dcfault or the City may terminate this Intcrim Agreement.
.
H. Data and Reports. Dcveloper shall provide City with copies of the reports
and studies as identified on Exhibit D. If this Interim Agrecment is
terminated, the City may retain such data and reports upon payment of $ _
_ to the Developer.
I. Notice and Correspondence. Any notice requircd to be given to either party
shall be in writing and deemed given if personally delivered upon the other
party; or if deposited in the Unitcd States mail and sent certified mail, return
receipt requested, postage prepaid and addrcssed to the other party at the
address set forth below; or if sent via facsimile transmission during normal
business hours to the party to which notice is given at the tclephone number
listed for fax transmission.
1.
Developer. Notices to Developer shall be addressed to the following
party:
2.
City. Notices to the City shall be addressed to the following party:
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J.
Entire Agreement. This Interim Agreement contains the cntire agreement
of the parties with respect to the matters covered by this Interim Agrcement
and no other statement or representation by any employee, officer or agent of
any party, which is not contained in this Interim Agreement, shall be binding
or valid.
.
K. Modification. This Intcrim Agreement is not subject to modification except
in writing.
L. Interpretation. This Intcrim Agreement has been negotiated by and bctween
the representatives of both parties, all persons knowledgeable in the subject
matter of this Interim Agrecment, and each party had the opportunity to have
the Interim Agreement reviewed and drafted by their rcspective legal counsel.
Accordingly, any rule of law or legal decision that would require
interpretation of any ambiguities in this Interim Agreement against the party
that has drafted it is not applicable and is waived. The provisions of this
Interim Agreemcnt shall be interpreted in a reasonablc manner to effect the
purpose of the parties and this Interim Agreement.
M.
Captions. Titles or captions of sections and paragraphs contained in this
Interim Agrecment are inserted only as a matter of convenience and for
reference, and in no way define, limit, extend or describe the scope of this
Interim Agreement or the intent of any provisions.
.
N. Relationship of Parties. Nothing in this Interim Agreemcnt shall create a
joint venture, partnership, or principal-agcnt relationship between the parties.
O. Waiver. No waiver of any right or obligation of either party hereto shall be
effcctive unless in a writing, specifYing such waiver, executed by the party
against whom such waiver is sought to bc enforced. A waiver by either party
of any of its rights under this Interim Agrccmcnt on any occasion shall not be
a bar to the cxercise of the same right on any subsequent occasion or of any
other right at the timc.
P. Counterparts. This Interim Agreement may be executed in two counterparts,
cach of which shall be deemed an original, but both of which shall bc deemed
to constitute one and the same instrument.
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Q.
Attorney's Fees. In the event of any controversy, claim or dispute relating
to this Intcrim Agreement, or the brcach or interpretation thereof, each party
shall bcar its own costs.
R. Further Assurances. The parties each agree to make, execute and delivcr
such other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Interim Agreement.
S. Exhibits. The following listed exhibits are attached hereto and incorporated
herein.
1. Exhibit A - TCAAP Site.
2. Exhibit B - Vento Plan.
3. Exhibit C - City Budget.
4. Exhibit D - Data and Reports.
.
T.
Time and Benefit. Time is hereby declared to be of thc cssence of this
Interim Agreement and each and every provision hereto. This Interim
Agreement shall inure to the benefit of the parties, their heirs, trustee,
rcpresentatives, administrators, successors and assigns.
.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year .
first above writtcn.
DEVELOPER: CRR,LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before me, a Notary Public
within and for said county, personally appeared , a , and
executed the foregoing instrument and acknowledged that he executed the same by authority
of and on behalf of CRR, LLC.
Notary Public
CITY OF ARDEN HILLS
.
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this _ day of , before me, a Notary Public within and
for said county, personally appcared Dennis Probst and Joseph Lynch, to mc known to be
the Mayor and City Administrator, for the City of Ardcn Hills and they executed thc
foregoing instrument and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
Notary Public
F:\users\LORlVerry\Arden HiIIs\TCAAP\TCAAPJnterim.Agr. 12.wpd
July 11,2002 (1:44PM)
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URS
AGENDA ITEM 4.A
MEMORANDUM
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Plione: (612) 370-0700
Fax: (612) 370-\3783
To:
Tom Moore/Arden Hills
Jim Perron/Arden Hills
Nick LandwerlURS
.File:
37951 005
Joe Lynch/Arden
Hills
Copy:
From: Greg Brown, PE
Arden Hills City Engineer
Date: July 10, 2002
Subject: Summary of Five Year CIP Scope - Revised from May 15 Memo
Introduction
We have prepared a preliminary scope for the next five years of the City of Arden Hills Capital
Improvements Program (CIP) for improvements associated with pavement management,
watermain, sanitary sewer and storm water/drainage systems. The capital improvements
identified were developed through meetings and discussions with Jim Perron, Tom Moore, Nick
Landwer and myself to prioritize the needs of the City in the upcoming five years. Funding for
the improvements will be made from the respective utility funds except for the pavement
improvements. Funding for pavement improvements program will be made through a series of
funds outlined in my memo of April 9, 2002 including State Aid funds, assessments and City
funding sources. This memorandum is intended to assist with the discussion of the 2003 -2007
CIP and solicit council and staff comments on the proposed CIP scope.
A. Pavement Management Program
The City did not initiated any reconstruction or overlay projects between 1999 and 2001. The
City is currently embarking on a small reconstruction project for 2002 for Hunter's Court and
Waldon Place with an estimated budget of approximately $195,000. Based upon recent
discussions with Council and staff, the recommended five year PMP is intended to address the
lack of investment in City pavements over the past four years. URS has rccently completed the
2002 PCI ratings for all streets within the City and has incorporated the new ratings into our
analysis of the neighborhood priorities. A City map illustrating the proposed work areas and
neighborhood rating worksheet developed by the City Engineer are attached to this memo for
information.
Current Reserves Scheduled for Pavcment Improvements:
Annual Funding Replenishment:
$3,000,000
$ 600,000
R\ARDENHIL\37951 \GENERAL\DocumenlS\5Y earCIPsummary-Revised July 2002.doc
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CIP Memorandum
July 10, 2002
Page 2
2003 Reconstruction of the Ingerson neighborhood in the southeastern portion of the City. This
neighborhood continues to exhibit PCI ratings at the bottom of the scale and offer
opportunities to significantly increase the water quality of runoff entering Lake Josephine
and Lake Johanna. The Edgewater neighborhood includes a number of substandard
roadways and accesses as well as significant sanitary sewer issues which will require dig
up to repair.
Total Estimated Project Cost: $1,540,000 (pavement only)
Mill and Overlay of the Karth Lake neighborhood located northeast of Karth Lake. This
neighborhood exhibits the lowest PCI ratings of streets meeting City design standards
with curbs and therefore is an excellent candidate for Mill and Overlay. Some areas of the
neighborhood may require patching/repair prior to the overlay.
Sealcoating of the neighborhoods bound by Snelling A venue, Highway 96,Hamline
A venue and Highway 10
Total Estimated Project Cost: $330,000 (pavement only)
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2004 Reconstruction of the Edgewater neighborhood in the sourheastern portion of the City.
This neighborhood also exhibits PCI ratings at the bottom of the scale and offers
opportunities to significantly increase the water quality of runoff entering Lake Josephine.
The Edgewater neighborhood includes a number of substandard roadways and accesses as
well as significant sanitary sewer issues which will require dig up to repair.
Total Estimated Project Cost: $450,000 (pavement only)
Reconstruction of West Round Lake Road. This work is contingent upon the
development of the NE quadrant of I35W and 1694. Scope of project will depend upon
Council decision. State Aid funding eligible.
Total Estimated Project Cost: $1,500,000 (pavement only)
2005 Reconstruction of the Ridgewood neighborhood located between Lake Johanna and
Snelling A venue. This neighborhood exhibits low PCI ratings and has shown a marked
drop in PCI since the last ratings conducted in 1999. Opportunities to improve the water
quality of runoff entering Lake Johanna exist in this neighborhood as well. Most of the
street network in this neighborhood does not meet City standards.
Total Estimated Project Cost: $1,130,000 (pavement only)
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2006 Mill and Overlay and reconstruction of the Red Fox/Grey Fox commercial area. This
project will include the reconstruction of Dunlap Street which currently does not have
curb and gutter. Since most abutting properties in this area are commercial, a higher
percentage of the project costs should be borne by assessments. State Aid funding
eligible.
Total Estimated Project Cost: $975,000 (pavement only)
Mill and Overlay of Chatham and Brighton Way neighborhoods. These neighborhoods
will be rerated in 2005 along with the entire City_ A final decision will be made on
priority of mill and overlay neighborhoods will be made after thc 2005 PCI survey.
CIP Memorandum
July 10, 2002
Page 3
SeaJcoating of the IngersonJEdgewater neighborhoods would also be accomplished in
2006.
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2007 Reconstruction of the Glenhill neighborhood located southeast of Lake Johanna. This
area has seen a marked drop in PCI since 1999 and is located adjacent to Roseville who
has expressed interest in reconstructing their portion of the neighborhood as soon as
possible. Opportunities for water quality improvements for nmoff entering Lake Johanna.
This neighborhood will be rerated in 2005 with the entire City. A final decision will be
made on priority of reconstruction neighborhoods will be make after the 2005 PCI survey.
Total Estimated Project Cost: $775,000 (pavement only)
B. Watermain Utility
The following is a summary of the recommended watelmain utility improvements included with
the five year CIP. All improvements will be funded from the Watermain Utility Fund.
Improvements included with the PMP projects are based upon relocation/replacement of
hydrants and not wholesale replacement of trunk watelmain facilities.
Current Watermain Utility Reserves:
Annual Funding Replenishment:
$1,230,000
$ 50,000
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2003 Inspect South Water Tower: Conduct visual inspection of inside of South Water Tower to
determine whether interior coatings are effective. Estimated Cost $3,000.
Upgrade Booster Station: The booster station pumps and controls are original equipment
and require a fair amount of maintenance and upkeep. This improvement will reduce staff
maintenance time and provide a reliable pumping system for the next several decades. '
Estimated Cost: $330,000
Improvements associated with 2003 neighborhood reconstruction: $60,000
2004 Emergency Connection to Shoreview (at North Guidant Road): This connection will
provide an emergency supply of water to the north east quadrant of the City if needed.
Contingent upon agreement with Shoreview, cost sharing and reconstruction of Guidant
dri ve.
Estimated Cost: $15,000
Upgrade of 8" watermain to 12" watermain along West Round Lake Road. This work will
be accomplished with the reconstruction of West Round Lake Road. The existing
watermain has several patches and poorly operating valves. The watermain at Highway
96 and Gateway Boulevard have been upgraded to 12" already.
Estimated Cost: $160,000
2005 Repaint South Water Tower. This work would include painting the exterior and interior .
of the water tower (as determined by the 2003 inspection) and application of the new
Arden Hills Logo.
Estimated Cost: $365,000
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CIP Memorandum
July 10, 2002
Page 4
Improvements associated with the 2005 neighborhood reconstruction: $60,000
2006 No capital improvements scheduled
2007 Improvements associated with the 2007 neighborhood reconstruction: $60,000
C. Sanitary Sewer Utility
Thc following is a summary of the recommended sanitary sewer utility improvements included
with the five year CIP. All improvements will be funded from the Sanitary Sewer Utility Fund.
Current Sanitary Sewer Utility Reserves: $1,360,000
Annual Funding Replenishment: $ 40,000
2003 Repairs to sewers within Edgewarer neighborhood in conjunction with PMP
Work includes repair of cracked pipes, joint offsets, manhole connectionse etc.
Estimated Cost: $200,000
Reconstruction of Lift Station #5 to upgrade pumping system and controls with
submersible pumps. Upgrade is expected to result in significant reduction of maintenance
costs and operating electrical costs. Project similar to the Lift Station 8 upgrade
completed in 2001.
Estimated Cost: $200,000
Repair/Reconstruction of 12" trunk line in Grey Fox area to eliminate sag in pipe.
Estimated Cost: $100,000
2004 Test and Seal existing sanitary sewers south of 1694, concentrating on older clay pipe.
Estimated Cost: $100,000
Purchase SCADA system for entire lift station network and booster pump station.
Estimated Cost: $60,000
2005 Reconstruct Lift Stations #7 and #4. Includes replacement of old "can type" stations with
submersible pumps. This will continue to reduce the number of different pump
manufacturers maintained by the City.
Estimated Cost: $200,000
2006 Test and Seal existing sanitary sewers soulh of 1694, concentrating on older clay pipe.
Estimated Cost: $100,000
2007 Reconstruct Lift Station #2 to upgrade pumping system and controls with submersible
pumps and SCADA ready control panel. Upgrade is expected to result in significant
reduction of maintenance costs and operating electrical costs. Project similar to the Lift
Station 8 upgrade completed in 2001.
Estimated Cost: $200,000
CIP Memorandum
July 10, 2002
Page 5
D. Storm Water Utility
Capital improvements associated with the storm water utility will generally include storm sewer
improvements constructed as a part of the annual PMP projects. In addition, water quality
improvements such as regional ponds, grit chambers, rain gardens, infiltration basins, etc. also
constructed in conjunction wilh the annual PMP projects will be accomplished as a part of the
storm water utility CIP. The five year CIP includes $50,000 in years 2004 and 2006 for
miscellaneous drainage improvements such as the work completed in the McClung ditch area
two years ago.
Current Sanitary Sewer Utility Reserves:
Annual Funding Replenishment:
*Not available at time of memo drafting.
$ 470,000
$ *
.
.
.