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HomeMy WebLinkAboutCCP 12-09-2002 Mayor Dennis Probst ouneH Members Beverly Aplikowski David Graut Gregg Larson Lois Rem ~ ~HILLS Arden Hills City Council SPECIAL MEETING MONDAY DECEMBER 9, 2002 1245 W. Highway 96 Arden Hills, Minnesota 55112 651.634.5120 City Philosophy To provide a basic and necessary scope of quality services through the innovative and pwposeful use of resources, Economic Development Authoritv (EDA) 6:30 p.m. -7:00 p.m. 1. Call to Order 2. Approval of Agenda 3. Unfinished Business A. Adopt 2003 Budget B. Adopt Business Subsidy Policy 5. Adjourn . . . . ~ ~~HILLS MEMORANDUM DATE: EDA Agenda Item 3.A December 4, 2002 TO: EDA Commissioners Terrance Post, EDA Secretary/Treasure 1'~ Joe Lynch, EDA Executive Director ~ FROM: SUBJECT: Adoption of2003 Economic Development Authority (EDA) Budget Backl!:round Actions taken by the Minnesota Legislature at the 2001 session with regards to property tax class rate compression had a significant negative impact with respect to 2002 and later tax increment received by the EDA, For 2002, tax increment revenues declined $147,882 or 28.4% from 2001 tax increment received. Even at this reduced revenue level, it appears that enough 2003 increment will be generated to service the debt obligations of the G.O. Tax Increment Bond Fund No, 325 ($285,093 in 2003). Proposed 2003 Budl!:ct Summarv Total 2003 EDA revenues of $427,325 are budgeted to exceed 2003 expenditures and debt service payments of $405,933 by $21,392 (Attachment A), Tbe budget assumptions are that the Chesapeake Companies development project will remain in the parcel assembly stage in 2003 and that any costs the EDA may incur in the support of this effort will be reimbursable by the developer. The Commissioners may also note the budgeting of $20,590 in Fund No, 701 total salary costs to support the Chesapeake project as it ramps up in 2003 in addition to staff efforts to effect a land sale of the remnant Indykiewicz parcel. There are no sidewalk/trail improvement costs budgeted in TIF District No, 3 (Cottage Villas) Fund No, 3 although the District will have a forecast $39,350 ending fund balance as of December 31, 2003, The Commissioners may consider linking such a sidewalk/trail improvement with development on the Cleveland Avenue/County Road E2 comer. Activities in the Business Revolving Loan Fund No. 702 continue to reflect just the collection of note installment payments from Guidant from a prior Minnesota Department of Trade and Economic Development (DTED) loan, The last installment loan payment on this loan is scheduled to be received in May, 2003. The remaining unpaid principal balance at December 31, 2002, is $14,215, The ending fund balance in this fund is forecast at $119,097 as of December 2 December 4, 2002 Adoption of2003 Economic Development Authority (EDA) Budget 31, 2003, The EDA has already established criteria for making business loans from this program. Interfund Loan Pavmcnts As of December 31, 2003, the EDA will have made significant progress in reducing the amount of debt outstanding to the Permanent Improvement Revolving (FIR) Fund No. 501. Of the original three notes totaling $1,125,000 - the Kem Milling acquisition debt (Attachment B) of $225,000 and the soil correction Welsh Project debt (Attachment C) of $250,000 will both be totally paid off. The Indykiewicz land acquisition debt (Attachment D) of $650,000 will have an unpaid principal and accrued interest balance of $747,141.25, The Commissioners should note that the planned funding source for liquidating the Indykiewicz debt is repayment from Ramsey County in conjunction with the Highway 96 segment one reconstruction project and/or resale of the remnant parcel. Rccommcndation Staff recommends that the EDA approve the 2003 budget detail contained in Attachment A as part of this memorandum at the December 9,2002 EDA meeting. . . . e <- o w ~ ~~ 't: :; CD 0.,g.t=t>> =_'O-C e'-::lI C::J J:c(ll>aJ c _ c.C") ll>"tljo "Oll> 0 ....E"OC\l c( a. " .... 0 ('IS'tJ 0_ Cl> __ Q) CI) en ~>Cl>0 :to! ll> ::l a. 00"0 ll> .... 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Business Subsidy Policy Overview At the November 12,2002 EDA Meeting, the EDA directed staff to set the public hearing required prior to the adoption of a business subsidy policy. As Council may recall, cities are now required to have a Business Subsidy Policy prior to the granting of a business subsidy. According to MilJnesota State Statute S1l6J.993 Definitions. Subd, 3 a business subsidy is defined as the following: "Business subsidy" or "subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those cOl11mercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, Based On input from the EDA, the only change that has been made since the previous meeting is the addition of section IV. A. This is based on the EDA's desire to have the requirements apply to all business subsidies even those that are statutorily exempted, As the policy is currently written, the EDA may waive the business subsidy requirements on subsidies that qualify for an exemption on a case-by-case basis, RCQuested Actioll . Consider EDA Resolution 02-01 Establishing a Policy Regarding Business Subsidies - , ~ ~~HILLS . CITY OF A.RDEN HILLS ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. EDA 02-01 ESTABLISHING A POLICY REGAROING BUSINESS SUBSIDIES WHEREAS, Minnesota Statues, Sections 1] 6J993 through 116J995 (the "Statutes") require the adoption of criteria for the granting of business subsidies as defined in the Statues: WHEREAS, the Arden Hills Economic Development Authority (the "EDA") has determined that it is necessary to adopt business subsidy criteria pursuant to the Statutes; and WHEREAS, The EDA has performed all actions required by law prior to the adoption and approval of the proposed business subsidy criteria, including the holding of a public hearing upon published notice on November 27th, 2002. NOW, THEREFORE, BE IT RESOLVED by the Arden HiJls EDA that the business . subsidy criteria contained in Exhibit A of this resolution are hereby approved, ratified, established, and adopted and shall be placed on file at the Arden Hills City Hall. Adopted this 9th day of December, 2002. DENNIS PROBST, PRESIDENT ATTEST: JOSEPH p, LYNCH, EXECUTIVE DIRECOR . . . . ... Exhibit A I. Purpose This document includes the criteria to be considered by the City of Arden Hills Economic Development Authority (EDA) to evaluate requests for business subsidies. It is the intent of the EDA in adopting these criteria to comply with Minnesota Statutes, Sections 116J993-116J995 (the "Act"). The EDA hereby adopts the definitions contained in the Act for application in the criteria, Statutory exemptions from business subsidy requirements and this policy are outlined in Appendix I. II. Community Goals A. To retain employment opportunities. B. To expand employment opportunities. e. To strengthen the tax base. D, To enhance economic diversity and mix of business, E, To promote community stability and the public health, safety and welfare. III. Public Purpose and Objectives A. To stabilize the community by: 1. 2. 3. 4. 5. 6. Removing hazards; Removing blight; Removing non-conforming uses; Cleaning up contaminated properties; Rehabilitating deteriorated properties; Redeveloping blighted, economically depressed or contaminated properties. B, To enhance economic diversity by: 1. Improving the mix of businesses providing essential goods and services, 2. Facilitating business growth opportunities through renovation and expansIOn. e. To retain businesses and jobs where loss is imminent and demonstrable. D. To expand employment opportunities by: 1. Increasing the number of jobs, 2. Improving the mix and diversity of jobs, 3. Creating jobs providing livable wages. 4. Preferring jobs with reasonable fringe benefits. 5, Structuring jobs with laddered wages, E. To strengthen the tax base by: Exhibit A ... I. 2, 3. Balancing public, residential, commercial and industrial land uses. Increasing tax base values through rehabilitation and redevelopment. Returning vacant land, exempt or under-used land to productive, taxable uses, . IV. General Business Subsidy Evaluation Criteria A. All business subsidies granted by the Economic Development Authority shall require compliance with the requirements of the Act and this policy, At its discretion, the Economic Development Authority may waive the requirements of this policy for those subsidies that are statutorily exempted from the requirements of the Act. Statutory exemptions of the Act are outlined in Appendix I. B. All projects must be consistent with the Arden Hills Comprehensive Plan and any other similar plan or guide for development of the community. D, e. Business subsidies must be justified by evidence that the project cannot proceed without the benefit ofthe subsidy. If tax increment financing (TIF) is used to grant a subsidy, the grantee must demonstrate compliance with all statutory requirements of the TIF Act, including the "but for" test, and any TIF policy adopted by the Economic Development Authority. The grantee shall provide to the EDA all documentation necessary under the Act. . Grantees will be required to enter into an agreement with the EDA which is consistent with statutory requirements, including a commitment to remain in business at the site for a minimum of five years after the benefit date and compliance with the specific job and wage goals established for the project. E. While it is recognized that the creation of good paying jobs is a desirable goal, it must also be recognized that not all projects derive their public purposes and importance solely by job creation. The imposition of high job creation and wage requirements may be unrealistic and counterproductive in the context of larger economic forces and financial and competitive circumstances of an individual business, V. Specific Business Subsidy Criteria The EDA recognizes that every proposal is unique. Nothing in these criteria shall be deemed to be an entitlement or shall establish a contractual right to a subsidy. The EDA reserves the right to modify these criteria from time to time and to evaluate each project as a whole, The following criteria shall be used in evaluating a request for a business subsidy: A. Increase in tax base. While an increase in the tax base cannot be the sole grounds for granting a subsidy, the EDA believes that it is normally necessary to grant a subsidy, . ~ Exhibit A . B, Job and Wages. It is the EDA's intent that the grantee shall create the maximum number of livable wage jobs at the site. All jobs to be created under the agreement must meet or exceed 150 percent of the federal minimum wage requirements plus benefits, This may include jobs to be retained but only if business and job loss is imminent and demonstrable, Other factors to be considered in setting job and wage goals include: I. Prevailing wage rates; 2. Local economic conditions; 3. External economic forces outside oflocal control; 4, Business or labor circumstance unique to the grantee. VI. Business Subsidy Agreement Requirements A. All business subsidy agreement shall contain the following: 1. 2, 3. 4. . 5. 6. 7. 8, 9. A description of the subsidy, including type, amount and type of district if TIF; A statement ofthe public purpose for the subsidy; A statement of why the subsidy is needed; Goals for the subsidy, ineludingjobs and wages A description of the financial obligation of the recipient if goals are not met; A cOrllUlitrnent to continue operations at the site for five years; Name and address of the parent corporation ofthe recipient, if any; A list of financial assistance by all grantors for the project; Annual reporting requirements. B, Specific job and wage goals to be completed within two years include: 1, Number of jobs to be retained, ifloss is irllUlinent and demonstrable; 2. Number of jobs to be created; 3, Wage rates to be attained. VII. Compliance and Reporting Requirements A. Any subsidy granted by the EDA will be subject to the requirements of a public hearing, if necessary, and must be approved by the Arden Hills Economic Development Authority. B. Both the grantee and the EDA shall comply with reporting and monitoring requirements of the Act. . ~ . APPENDIX 1 EXEMPTIONS FROM THE BUSINESS SUBSIDY ACT The Business Subsidy, Act at section 116j .993, subdivision 3, exempts the following forms of financial assistance from the limitations ofthe Act: 1. 2, 3. 4. 5. 6, 7. 8, 9, 10. 11. 12. 13. 14. 15. 16, 17. 18. A Business subsidy ofless than $25,000; Assistance that is generally available to all business or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; Redevelopment property polluted by contaminants as defined in section l16j .662, subdivision 3; Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code, provided that the assistance is equal to or less than 50 percent of the total cost; Assistance provided to organizations whose primary mission is to provide job readiness and training services if the sole purpose of the assistance is to provide those services Assistance for housing; Assistance for pollution control or abatement; Assistance for energy conservation; Tax reductions resulting from conformity with federal tax law; Workers' compensation and unemployment compensation; Benefits derived from regulation; Indirect benefits derived from assistance to educational institutions; Funds from bonds allocated under chapter 474A (qualified tax exempt bonds); Assistance for the collaboration between a Minnesota higher education institution and a business; Assistance for a tax increment financing soils condition district as defined under section 469.174, subdivision 19 (pollution clean-up); Redevelopment when the recipient's investment in the purchase ofthe site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; and General changes in tax increment financing law and other general tax law changes of a principally technical nature, . . HP Laser Jet ~P LASERJET 3200 OEC-6-2002 1.26PM 3200 i n v e n t Fax Call Report Job Date Time Type Identification Duration Pages Result 862 12/ 6/2002 1:18:00PM Send 9.7634219511 1:25 2 OK 863 12/ 6/2002 1: 19. 30PM Send 9,6516286833 1:12 2 OK 864 12/ 6/2002 120.47PM Send 9.7637060891 0.50 2 OK 865 12/ 6/2002 1:2142PM Send 9.6516333846 1: 19 2 OK 866 12/ 6/2002 123'07PM Send 9.6512282191 1:16 2 OK 867 12/ 6/2002 1:24:29PM Send 9.6512279371 0:46 2 OK 868 12/ 6/2002 1.25:20PM Send 9.6514821262 0:53 2 OK . . ~ ~LS Arden Hills City Council Monday, December 9, 2002 City Philosophy To rovide a basic and necess sco e of uali services throu h the innovative and Mayor: Dennis Probst ouncil Members: Beverly Aplikowski David Grant Gregg Larson Lois Rem 1245 W. Highway 96 Arden HilIs, Minnesota 55112 651.634.5120 sefill use of resources, Agenda City Council Meeting Convenes 7:00 PM Call to Order 1. AGENDA 2. MINUTES A. November 25, 2002 Council B. December 2, 2002 Truth in Taxation CONSENT CALENDAR A. Claims and Payroll B. Resolution No. 02-66: A Resolution Designating Dunlap Street as an MSA Route Resolution No. 02-67: A Resolution Designating Glenpaul Avenue as an MSA Route C. Authorize Execution of CUB Foods Development Agreement 4. PUBLIC INQUlRlESIINFORMATIONAL 7:00 Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent <.;alendar fonnat. 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 nonnal sequence on the agenda, Pnblic InquirieslInformational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation, . File Copy Arden Hills City Council Agenda December 9, 2002 Page 2 5. PUBLIC HEARINGS A. Karth LakelIngerson 2003 PMP based Greg Brown upon the Feasibility Report received November 12, 2002 6. COMMUNITY SERVICES Aaron Parrish A. Planning Case 02-20: Nelson PUD Peter Hellegers Amendment, Cleveland and County Road D B. Resolution No. 02-62: Approving the Terry Post Final Levy 2003 C. Resolution No. 02-63: Approving the 2003 Terry Post Budget D. Resolution No. 02-65: Adopting and Terry Post Confirming Annual Special Assessments for Utilities Aaron Parrish E. TCAAP Update 7. OPERATIONS & MAINTENANCE Tom Moore 8. ADMINISTRATION Joe Lynch A. 2003 Liquor License B. Ramsey County Proposed Environmental Response Fund C. Lake Johanna Joint Powers Agreement CITY COUNCIL REPORTS A. Council Member Grant B. Council Member Larson C. Council Member Aplikowski D. Council Member Rem E. Mayor Probst TeAAP: Twin Cities Army Ammunition Plant PMP: Pavement Management Plan PTRC: Parks, Trails and Recreation Committee . . . ~ ~HILLS MEETING MINUTES Draft CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 25, 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 7:00 p.m. Present: Mayor Dennis Probst, Council Members Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Absent: None. Also present were City Administrator, Joe Lynch; City Attorney, Jerry Filla; Director of Community Services, Aaron Parrish; City Planner, Peter Rellegers; Personnel Director/Deputy Clerk, Cynthia Young; Director of Operations and Maintenance, Thomas Moore; City Engineer, Greg Brown; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Council Member Rem requested Item 3.B be pulled from the Consent Calendar and moved to Item 6.B. My. Lynch noted there was an additional item, 7.B, added to the agenda, City Water Meter Replacement. MOTION: Council Member Aplikowski moved and Council Member Grant seconded a motion to adopt the revised agenda for the November 25, 2002, Regular City Council meeting. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25,2002 A. October 21,2002 Work Session B. November 12,2002 City Council Meeting C. November 18,2002 Work Session D. November 18, 2002 SPECIAL City Council Meeting City Administrator Lynch requested the following changes: None. Council Member Grant requested the following changes: November 18, 2002 Work Session Minutes, page two, fifth paragraph from the top should read: "Council Member Grant said he was not in favor of running a road across a wildlife corridor." Page 2, last motion, change Grand to Grant. November 12, 2002 City Council Minutes, page five, motion at the bottom ofthe page, add Final before PUD. October 21, 2002 Work Session Minutes, page three, sixth paragraph from the bottom should read: Council Member Grant said he did not agree with Council Member Larson. Council Member Larson requested the following changes: November 18, 2002 Work Session Minutes, page three, third paragraph from the top should read: "Council Member Larson said he wanted to see if it was possible to create a crossing that is sensitive to the wildlife." Page four, third paragraph from the bottom should read: "Administrator Lynch explained that the Minnesota Army National Guard is planning to construct a 92,000 sq. ft. Operations and Maintenance facility on its licensed property in close proximity to the Ramsey County Public Works facility, and the proposed was inconsistent with the Vento Master Plan." Page four, last paragraph should read: "The Council Members agreed with the Mayor's suggestion to discuss relocation, which would be beneficial to all." October 21, 2002 Work Session Minutes, page three, first paragraph, second sentence, delete the word took. Page three, fourth paragraph from the bottom, remove the word it. Page four, fourth paragraph from the top, place a period after $350,000.00 and delete the remainder of the sentence. Page four, second paragraph from the bottom, remove the word postponed. November 18, 2002 City Council Meeting Minutes, first motion, replace the second Grant with Larson. Council Member Aphkowski requested the following changes: None. 2 . . . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25, 2002 3 Council Member Rem requested the following changes: November 18, 2002 Work Session Minutes, Page three, second paragraph from the top, change Joanne to Joan. Page five, second paragraph from the bottom should read: "Council Member Rem presented an arsenal survey and a TCAAP wildlife corridor handout prepared by Joan Galli". November 12, 2002, City Council Meeting, fourth paragraph should read: "Mrs. Swanson asked when the Lake Josephine Lake Owners Association could express ..." Page seven, fifth paragraph should read: "Judy Tekautz, 3319 North Dunlap, stated their neighborhood was overwhelmingly in favor of keeping the access of Hamline Avenue open...". November 18, 2002, Special City Council Meeting, under those present, change Re to Rem. Page one, first paragraph under item one, change PZ to Planning and Zoning. Page one, third paragraph from bottom, add Hunt after Ernie and Melinda. Mayor Probst requested the following changes: November 18,2002 Work Session Minutes, Page three, fifth paragraph from the top should read: "The Council consensus was to send this issue to the TCAAP Advisory Panel, Planning Commission, and PTRC for review..." Page four, third paragraph, should read: "Council Members Aplikowski, Grant, and Rem decided to table this issue to a subsequent Work Session." Page five, first paragraph should read: "Dave Hamernick stated that General Andreotti ..." Page six, first paragraph should read: "Mayor Probst asked the AccountantlTreasurer to explain the Arden Hills tax statement regarding the percentage of levy increase at the Truth and Taxation meeting". October 21,2002 Work Session Minutes, page three, second paragraph from the bottom should read: "Mayor Probst said when this issue initially came up, he felt uncomfortable with the calculation of the park dedication fee..." Page five, second paragraph, change Yong to Young. MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve the October 21, 2002 Work Session, November 12, 2002 Council Meeting, November 18, 2002 Work Session, and November 18, 2002 SPECIAL City Council Meeting Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a, Claims and Payroll ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25,2002 4 . b. }.uthorize distribution ofletter to the GSA and Army. c. Resolution No. 02-64: A Resolution Approving the 2003 Animal Control Contract. Council Member Grant questioned the wording of "bonus" on the payroll itemization. Mr. Lynch eXplained the word "bonus" was not accurate, and it was a one. time performance incentive increase. Council Member Aplikowski requested items such as this be brought before the Council in the future. Ms. Young stated she was in the process of preparing a policy to address this type of issue and noted all future performance incentive increases would be brought before the Council for approval. MOTION: Council Member Larson moved and Council Member Grant seconded a motion to approve the Consent Calendar as amended and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). . 4. PUBLIC INQUIRIES/INFORMATIONAL Mayor Probst invited any public comments that were not on the agenda. There was no one present for the public inquiries. 5. PUBLIC HEARINGS None. 6. COMMUNITY SERVICES A. Planning Case No. 02-29: Davidson Companies SUP Mr. Rellegers explained the applicant was requesting a review of a Special Use Permit to accommodate a drive-in bank at 1240 County Road E West. He stated the Planning Commission recommended the proposed Special Use Permit be approved with conditions. . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25, 2002 5 Todd Mohel!an. architect, stated because of the nature of the lease agreement, they had not come to any signage design at this point and would like the opportunity to review that with staff at a future time. Council Member Larson noted there should not be any access to the drive-in bank off of County Road E, for concern of having too many points of access along County Road E. Mr. Hellegers replied the access on County Road E was proposed as a right turn exit only. However, the applicant had agreed it was not absolutely necessary to have this access, but it would allow better flow through the parking lot. Rob Davidson, owner, stated he had had preliminary discussion with the County, and the County was in favor of the right turn entrance and right turn exit on County Road E. However, the tenant was only proposing a right turn exit. Mr. Mohegan noted the bank wanted the right turn exit to relieve congestion that would happen on the lower portion of the site. He stated they were willing to work with the County, so a left turn exit or a right turn entrance onto the property would not have to be necessary. He stated they were willing to have a right turn exit only and would agree to that condition. Council Member Larson stated even with a right turn exit, people would still attempt to take a left onto County Road E, or take a right out and then, do a U-turn at the light. He noted he believed this plan would work without an access onto County Road E. He stated he did not believe it was a hardship to enter and exit on Pine Tree Drive. MOTION: Council Member Larson moved and Mayor Probst seconded a motion to approve Planning Case No. 02-29: The Davidson Companies, Inc., Special Use Permit, 1240 County Road E West with staff recommendations, subject to the conditions stated in staffs memorandum and subject to an additional condition five that state access would not be permitted on or off County Road E. Mayor Probst asked if Council Member Larson wanted the signage issue to come back to the Council, or to have staff handle it. Council Member Larson accepted this as a friendly amendment, and authorized staff to address the signage issue. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25,2002 6 . MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to amend Planning Case No. 02-29: The Davidson Companies, Inc., Special Use Permit, 1240 County Road E West by substituting language providing for a curb cut on County Road E, if used as a right turn exit only, with approval from Ramsey County. Council Member Larson noted he did not agree with the amendment because a curb cut was a decision that the City had a right to grant Or deny, and while it was a County street, it was the residents who had to deal with the additional curb cut. The amendment carried (3-2). (Council Member Larson and Mayor Probst). The main motion as amended carried (5-1). (Council Member Larson). B. Authorize distribution of letter to the GSA and Army. . Council Member Rem expressed concern about signing the letter at this time. She stated Representative McCollum had requested a 30 day extension in the surplus screening for the TCAAP site. She requested this be tabled to a later date. She stated it was her understanding that they still had time to act on this. Mayor Probst stated there was a potential time situation on this item and he did not see that the delay of the 30 day screening process had any affect, but not sending it in could affect the City. Mr. Lynch noted they were required to respond by December 8, 2002, unless they requested an extension. He stated they were aware the City was interested in the property, but they still needed a letter indicating an early transfer authority. John Hink, Glen Rehbein Excavatinl!, stated the City had a 20 day timeline to express a formal interest in the property. He noted this was simply a formality and the City could submit the letter anytime prior to the deadline. Council Member Aplikowski stated she had a conversation with Representative . McCollum today in which Representative McCollum requested they not sign the . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25,2002 7 letter at this time and requested a 30 day extension. She stated she was inclined to agree with this request. Council Member Larson noted it was important that the City go on record that they were interested in substantial portions of this property, and he did not see the benefit of not sending the letter. He stated he did not oppose the 30 day extension in issuing surplus screening notice for the TCAAP site, but did not believe this extension affected the City expressing an interest in a portion of the property. He noted he did not see how the two items were related. Mayor Probst agreed the two items were not related. He noted the process had already been delayed a couple of months. MOTION: Council Member Grant moved and Council Member Rem seconded a motion to table "Authorize distribution of letter to the GSA and Anny" to the December 16, 2002 Council Meeting. The motion carried (3-2). (Council Member Larson and Mayor Probst). 7. OPERATIONS AND MAINTENANCE A. Resolution No. 02-61: A Resolution Removing State Aid Designation from Fernwood Avenue Mr. Brown explained the Guidant Masterplan called for the segment of Fernwood Avenue, from County Road F to Guidant Drive North, to be vacated and turned over to Guidant for use in their campus circulation. However, in order to vacate the roadway, the City must first remove the State Aid designation. MOTION: Council Member Larson moved and Council Member Aplikowski seconded a motion to approve Resolution No. 02- 61: Removing State Aid Designation from Femwood Avenue. The motion carried unanimously (5-0). B. City Water Meter Replacement ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25, 2002 8 . Mr. Parrish explained one of the water meters the Council authorized replacement of was located at the intersection of County Road D and Cleveland Avenue. He noted this corner was designated as a gateway to Arden Hills. He stated to maintain the easement area, the proposed trail and the ability to provide a gateway sign in the future, staff had worked with the property owner on an alternative. He indicated the property owner would provide the City with an easement along the northern border of his property, so the City could access an existing electric pole. Since timing is an important factor in the meter replacement, the property owner had also agreed to provide a temporary construction easement in advance of the permanent utility easement, as well as, the removal of existing vegetation along the northern property border. He also noted the cost of the project would increase approximately $4,000.00, which funds would be taken from the water fund. He stated staff recommend proceeding with the recommendation. Steve Nelson, representative of the property owner, stated they agreed with the staffs recommendation and would expedite the request. He noted all trees to be removed would only be on their property. . MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve a water meter replacement electrical circuit on Cleveland Avenue in an amount not to exceed $4,000.00. Council Member Rem requested Mr. Nelson to inform the residents in the area of the intended activity on the property. Mr. Nelson replied he would inform the residents. The motion carried unanimously (5-0). . . . e ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25, 2002 9 8. ADMINISTRATION None. 10. CITY COUNCIL REPORTS Council Member Grant commented on two traffic incidents at Old Snelling and Bethel College, one in which Council Member Grant personally witnessed. Both incidents were serious driving infractions that could have resulted in serious injury or death. Council Member Grant had discussed both incidents with Bethel's Vice President of Campus Services, and he indicated comments would be made at the November 25,2002 Council Meeting and as such, would be recorded as part of the public record. Council Member Grant indicated that his comments are not intended as a negative reflection on Bethel, staff or students, but rather a concern for public safety and the sanctity of human life. Council Member Grant encouraged the Vice President of Campus Services to review and to take action to resolve safety issues at this intersection. He stated the first incident involved a high school student, who was bicycling northbound on Old Snelling in the westbound curb when a vehicle pulled out of Bethel and proceeded to come across Old Snelling onto the shoulder, where the bicyclist was. Council Member Grant stated he spoke with the bicyclist, who happened to be his son. The second incident occurred last week when Council Member Grant was proceeding northbound on Old Snelling. Council Member Grant stated that a vehicle pulled out of Bethel at 30-40 mph and proceeded to make a right hand turn on Old Snelling. He noted the speed of the vehicle took it into the oncoming turn lane and the direct traffic lane heading south. Had there been a car going southbound, it would have been a head-on collision. He stated there seemed to be a safety issue at that particular intersection. He stated he did not believe it was inherent in the design and was not saying anything against Bethel, but that that intersection was a dangerous intersection and there were very serious driving errors made there. Council Member Rem stated she had also heard from some residents that the intersection had gotten worse. Council Member Grant stated his intent was to inform people to use caution at that particular intersection and to raise awareness to the situation. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 25, 2002 10 . Council Member Larson stated he agreed that intersection posed a problem and he indicated they had discussed putting islands at that intersection at one time, but it was opposed by the County. He stated the Parks Trail and Recreation Committee would be meeting tomorrow night. Council Member Aplikowski stated the Ramsey County League Annual Meeting was coming up. She noted she had fought very hard not to be Mayor until the end of December. However, she stated people were calling her. She assured everyone that it was not her intent to sell out Arden Hills and this was not the intent of anybody that was elected to the Council this year. She stated she cared what happened to the City. She stated she had worked very hard on the Council and at no time had she ever been guilty of selling out Arden Hills. She asked that the transition period be made smoothly. Council Member Rem stated the Development Team was meeting tomorrow morning. She noted on December 2, 2002, the TCAAP RAB would be meeting. Northwest Youth and Family Services was hosting an open house on December . 10,2002 at 10:00 a.m. for newly elected officials, but was open to everyone who was interested in coming. Mayor Probst noted the Truth and Taxation meeting was at 6:00 p.m. on December 2, 2002. He stated he was willing to meet with Council Member Aplikowski to address her concerns. RECESS Mayor Probst adjourned the Regular City Council Meeting at 8:52 p.m. Dennis Probst Mayor Joe Lynch City Administrator NOTICE OF MEETINGS e The next Council Meeting will be held Monday, December 9,2002 at 7:00 p.rn. at the Arden Hills Council Chambers. /' . . . ~ ~HILLS MEETING MINUTES APPROVED CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING TRUTH IN TAXATION PUBLIC HEARING MONDAY, DECEMBER 2, 2002, 6:30 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER Present: Mayor Dennis Probst, Councilmembers Aplikowski, Rem, Larson and Grant. Also Present: City Administrator, Joe Lynch; Director of Community Services, Aaron Parrish; Accountant/Treasurer, Terry Post; and Personnel Director/Deputy Clerk; Cynthia Young. MOTION: Grant/Aplikowski - to approve the agenda, as presented. (Motion Passed 5-0). Mayor Probst opened the Public Hearing at 6:30 p.m. Mayor Probst reviewed the 2002 goals and vision for the City mentioning the advancements in the TCAAP process and the 2002 Pavement Management Program projects undertaken. Accountant/Treasurer Post presented a series of slides summarizing the budget materials for the proposed 2003 City budget. Councilmember Rem referred to Slide I, Special Revenue Funds/TCAAP Reuse Planning, and asked if this would be funded by the developer. Accountant/Treasurer Post replied that the development team is primarily funding these expenditures. Councilmember Larson asked if that fund was also receiving the revenue from Met Council grant. "\ ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES Truth in Taxation DECEMBER 2, 2002 2 . Accountant/Treasurer replied indicated the $75,000.00 grant proceeds would also be applied to these expenditures. Thomas Reader 1443 Arden View Drive Mr. Reader questioned street maintenance, and asked if some projects had been deferred over the past few years and now the City was trying to "catch up". He suggested the City discontinue applying so much salt/sand to streets in the winter season. Mayor Probst said the reason the Pavement Management Program (PMP) did not move forward is because of disagreement over which projects should be completed and implications resulting from resolution over these issues. Councilmember Rem stated the PMP Schedule for the next four to five years was mentioned in a past issue of the City Newsletter, Arden Hills Notes. . Councilmember Grant reminded the audience that the Ramsey County Public Works applies salt/sand on numerous County roads within Arden Hills, as well. Thomas Mulcahy 3530 Sims Court Mr. Mulcahy asked what the tax base percentage was for cormnercial and industrial properties. He asked for an explanation of the Planning and Zoning expenditures. He asked why there was a Public Works capital expenditure listed. Accountant/Treasurer Post answered by saying the valuation split for cormnercial and industrial was about 50/50; the primary increase of Planning and Zoning expenditures were a result of the additional salary allocations; the Public Works reported outlay was mostly for street improvements, and 2002 was an "off year" for Public Works vehicle capital purchases. Councilmember Larson asked why the City of Blaine had such a very low tax capacity. . Accountant/Treasurer Post explained that most of Blaine lies within Anoka County and only a small portion is in Ramsey County. . , ARDEN HILLS SPECIAL CITY COUNCIL MEETING MINUTES Truth in Taxation DECEMBER 2, 2002 3 . MOTION: Grant/Aplikowski - to cancel the continuation of the Truth in Taxation scheduled for December 16, 2002. (Motion Passed 5-0). Administrators Report: Administrator Lynch explained it was time for the City Council to meet with him to discuss his annual performance review, and provided the Council with a draft evaluation form and criteria explanation which he and Ms. Young had created. City Council Reports: CounciImember Grant thanked the residents who participated in the evening's Truth in Taxation Hearing. . CounciImember Aplikowski reminded the additional Councilmember of the Ramsey County League of Local Government annual meeting at Lido Cafe in Roseville on December 12,2002. CounciImember Rem thanked staff for providing the performance revIew information. Mayor Probst concluded the hearing by saying any tax increase is too much, and thanked the rest of the Councilmembers by saying they did a good job. He complimented Mr. Mulcahy for his dedication by coming to the Truth in Taxation Public Hearings for so many years. MOTION: Larson/Grant top adjourn the meeting. (Motion Passed 5-0). Respectfully submitted, Cynthia Young, Personnel DirectorlDeputy Clerk . Administrator Joe Lynch Mayor Dennis Probst . . . . ~ ~ EN HILLS MEMORANDUM DATE: Agenda Item 3.A December 4, 2002 TO: Mayor Dennis Probst Council Member Beverly Aplikowski Council Member David Grant Council Member Gregg Larson Council Member Lois Rem T 'ITY Po"" Ci<y A'OO"",Wvtf ) ~ Claims and Payroll FROM: SUBJECT: Attached: Claims Payroll for period 11/16/02 - 11/29/02 . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12/09/02 COUNCIL MEETING PAGE I OF3 CLAIMS PAID SINCE LAST COUNCIL MEETING 111/25/02) :::::cit:# ....1 cliCMn 1.. :YiNn6k: ............................................r..."U@Irt...,.. dOMlitlilits , 22193 ]2102/03 Lakes Country Service Coonerative 6,]97.93 insUrance- December 22194 12102/03 Fortis Benefit,> 256.50 December ShOrt Term Disability 22]95 ]2/02103 MN Mutual Life 256.30 December Lon1! Term Disability 22196 ,12/02103 Ramsev County 2,170.80 Fuel_Purchases 22]97 ] 2/02/02 Affinitv Plus Federal Credit Union 4,958.87 Fitst December Pavroll 22198 12/04/02 leMA Retirerilci1t Tmst-457 1,806.54 First December ~aVToll 22199 12/04/02 VOlD 0,00 Vaided Check 22200 12/04/02 Rainbow Foods 60,00 Breakfast w/Santa- DonUts & Mufftns 22201 12/04/02 HaITiw Faces 115,00 Breakfast w/Santa- Face Painter 22202 12/04/02 E~Z RecvclinQ, Ine 4,855.00 Curbside Recvcling 22203 12/04102 Charlie Bmwn 50.00 Breakfast w/Santa-Santa Subtotal - Paid Claims 20,726.94 I Paid Cliliri:rs Frbrtl Above - 20,726.94 Add Unpaid Claims, Page 3 of 3 + 123,654.03 Total ACCounts Payable Claims for Council Approval, 12/09]02- 144,380.97 Note: Checks for unpaid claims totaling $153,457.53 were mailed on November 26, 2002 after approval at the November 25, 2002 Council Meeting. They were check numbers 22083-22192. This sequence corresponds to unpaid temporary numbers TOl - TlIO. Check numbers 22081 - 22082 were used for alignment. ",nol,.'''''''''_F'''..~E</<~....l , , CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12/09/02 COUNCIL MEETING PAGE 2 OF 3 . UNPAID CLAIMS REGISTER: ::':~"'I<coMmiitii.... Tl 12/10/02 Accurate Press, Ine 1,603.89 NovNewsletter &#lOEnve]cme.<o; T2 12/10/02 Animal Control Services, Inc 435.00 Dog/Cat Enforcement-Nav T3 12/10/02 AraiIiatk Uhifdrm Service 26.97 RUl! Service 11122 T4 12110/02 Beis'swem;>er's How To Store 3.61 Hvdrant Paint T5 12110/02 BFIofMN,Iue 161.46 Waste Removal-December T6 12110/02 COMellv Industrial Electronics 1,518.81 Water Booster Station Control Panel T7 12110/02 CotDorate Exnress 777.17 Office Sunnlies/CoDv Paner TS 12/10/02 Coverall oftbe Twin Cities 1,238.60 Cleaninf! Services~Citv Hall T9 12/10/02 Do-4.Y6u 249.93 Name BadQ:es/100 Kevcard Neck Strans TIO 12/10/02 Fire Marshals Association of:MN 35.00 FMAM Member'hio 2003-DS Tl1 12110/02 Frattallone's Hardware Stores 9.28 Shon SunnliesJChain Gate Parts T12 12/10/02 GUnwood Im;>lewood 36.42 SnrinQ'water~CH T13 12/10102 Katb Auto Parts 126.92 Shon SunnliesJFiltcts-Sewer Tl4 12/10102 Kinko's 170.10 Park &_Recteation,Flvers Tl5 12/10/02 Lillie Suburban Newsnaners 225.56 Lel!al Notices~November Tl6 12110102 Lynch,Joe 17.73 Breakfast Mtl! w/Parrish & Filla .. T17 12110102 Met Council Enviroilinental Services 49,113.90 December Sewer ChaTl!e T18 12/10/02 MidwestAsPhalt Corporation 211.80 Road Re:nair Materials TI9 12/10/02 Mike's Tree Service 988.86 Residential Tree Removal 1'20 12/10/02 MN Dell' of Health 3,243.00 Water Connect Fcc 4 2 T21 12/10/02 MN.DeptofHuman Rights 125.00 Human Rj,:rhts Conference-Rem 12/06/02 T22 12/10/02 NCPERS Group Life 60.00 PERA Life-December T23 12/10/02 Nextel Communi-cations 464.13 Cellular Phones T24 12110/02 NorthemAir Comoration 511.02 CH-Air Handler Renair T25 12/10102 Orkin Pest Control 69.23 December Service 12/l8/02 T26 12/10/02 Pioneer Press 1,594.40 Emnlo~eo( Ad Office Suooort Soec lOSS) T27 12/10/02 PitnevBowes 280.74 Postal!e Meter Rent/Reset T28/T29 12/10/02 _ Pro Staff 2,489.76 Temo-OSS-Silseth 11110-11/24 no 12/10/02 PurchaSe Power 1,288.00 Poslal!e-Meter nl 12/10/02 Ouick Silver 8.50 Deliverv-Elections n2 12/10/02 Ros'eville, Citv of 1,666.67 November-Joint Powers Al!feement~MIS n3 12/10/02 Sand Creek Group L TD 1,993.44 CourtciVStaff Retreat Consultant n4 12/10/02 Scherer Brothers Lumber Co. 10.34 Location Stakes n5 12110/02 Shoreview, City of 5,268.65 2002 Clean-un I I II Total ~,U"paid Claims--- 76,023.89 I . .....yl."<"""I"J'OhIrI'Io""" . . , . . . "' CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 12/09/02 COUNCIL MEETING PAGE 3 OF3 UNPAID CLAIMS REGISTER: AtMHlcKpj(. . ..............................................r...... ...I..\;<)Mi\!ElttS...'."..... . T36 12/10/02 Standard Heatint! & Ale 127.00 Refund-#M02-161 T37 12/10/02 State ofMN~Dept of Admin 1,512.28 Centrex Phone Service T38 12/10/02 Tatl!et Stores 37.46 CC WS RefreshmentslConfRootn Supplies T39 12/10/02 TheJp: CookeCoiilpany . 68.67 03/04 Do-g/CatLicense Tags HO 12110102 TitneSi:iver Off-Site Secretarial 179.50 Retording Secretary-CC- t 1/12 T41 12/10102 United,Way 130.00 July-Dee 2002 PanoU Contributions T42 12/10/02 URS 39,767.02 Octoher E:i11rineering Fees T43 .12/10/02 VerizQu Wireless 227.80 Cellular Phone Service T44 12110102 X-cel.Energy. 5,580.41 OctfNov Service Subtotal, Page 3 of3- 47,630.14 Page 2 on Brought Forw"ard - 76,023.89 Total Unnaid Claims --- 123 654,03 _Y""-~'""""r''''''W<~...., " , . ~ Ii ;~f::n () . ~ !?!" =i ~ -< . f........ " 0 0 .. .. .. .. ~ ~ ~ ~ ~ ~ N ~ N N N N N N N N N ....>m ." '" 0 0 0 0 0 0 8 0 0 0 :3 0 0 0 0 0 0 0 0 ~...:;: 2. 0 0 0 0 ~ S 8 8 S 0 0 0 0 0 0 0 SO SO SO P 0 8 0 SO 0 SO D: N N N N ~.:.:::::~. '" N '" ~ .. '" ~ .. 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URS Agenda Item 38 MEMORANDUM Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 To: Mr. Joe Lynch/ City of Arden Hills Copy: Nick LandwerlURS File: 379510056001 Tom Moore/AH From: Greg Brown Arden Hills City Engineer Date: December 5, 2002 Subject: State Aid Designation for Dunlap Street and Glenpaul Avenue Background At the November 25, 2002 the Council approved the removal of State Aid designation for Fernwood Avenue in preparation for its eventual transfer to Guidant Corporation. The City is allowed to designate up to 20% of its total street mileage as State Aid routes. State Aid routes need to provide connections between City streets or County Roads (no cui de sacs), If the City does not designate the mileage lost from Fernwood Avenue, our State Aid annual disbursement would drop by approximately $20,000, The City Engineer and staff have identified two street segments be designated as State Aid routes in place of the mileage lost from the removal ofFernwood Avenue. The first proposed designation is the 0.25 mile segment of Dunlap Street between Red Fox Road and Grey Fox Road, The second proposed 0.40 mile segment is Glenpaul Avenue between Cleveland Avenue and New Brighton Road. Both of these roadway segments will likely be reconstructed in the next 10 years and therefore State Aid funds could help offset City costs for that work. The state aid designation would not require the reconstruction of either of these streets to a higher standard (width etc.) than current City policy recommends, Recommendation The City Engineer recommends that Council approve attached Resolution 02-66 designating Dunlap Street between Red Fox Road and Grey Fox Road and Resolution 02-67 designating Glenpaul Avenue as State Aid Routes, . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-66 WHEREAS, it appears to the City Council of the City of Arden Hills, Minnesota, that the street, hereinafter described, should be designated Municipal State Aid Street under the provisions of Minnesota Law, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota, that the road described as followed, to-wit: Glenpaul Avenue from Cleveland Avenue to New Brighton Road (.40 miles). be, and hereby is established, located, and designated a Municipal State Aid Street of said city, subject to the approval ofthe Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Arden Hills, ADOPTED by the City Council this 9th day of December, 2002, DENNIS PROBST, MAYOR ATTEST: JOE LYNCH, CITY ADMINISTRATOR CERTIFICATION: STATE OF MINNESOTA) COUNTY OF RAMSEY ) CITY OF ARDEN HILLS ) I hereby certify that Resolution No, 02-66 is a true and correct copy presented to and adopted by the City Council of the City of Arden Hills at a meeting thereof held in the City of Arden Hills, Ramsey County, Minnesota, on the 9th day of December 2002, Cynthia L. Young, Deputy City Clerk . . . . . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO, 02-67 WHEREAS, it appears to the City Council of the City of Arden Hills, Minnesota, that the street, hereinafter described, should be designated Municipal State Aid Street under the provisions of Minnesota Law, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Arden Hills, Minnesota, that the road described as followed, to-wit: Dunlap Street North from Grey Fox Road to Red Fox Road (.25 miles), be, and hereby is established, located, and designated a Municipal State Aid Street of said city, subject to the approval ofthe Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Arden Hills. ADOPTED by the City Council this 9th day of December, 2002. DENNIS PROBST, MAYOR ATTEST: JOE LYNCH, CITY ADMINISTRATOR . . CERTIFICATION: STATE OF MINNESOTA ) COUNTY OF RAMSEY ) CITY OF ARDEN HILLS ) I hereby certify that Resolution No, 02-67 is a true and correct copy presented to and adopted by the City Council of the City of Arden Hills at a meeting thereof held in the City of Arden Hills, Ramsey County, Minnesota, on the 9th day of December 2002. Cynthia L Young, Depnty City Clerk . . . , . . . ~ ~ EN HILLS MEMORANDUM DATE: Agenda Item 3. C December 5, 2002 TO: Mayor Dennis Probst Council Member Beverly Aplikowski Council Member David Grant Council Member Gregg Larson Council Member Lois Rem Joe Lynch, City Administrator Aaron Parrish - Community Services Director Af FROM: SUBJECT: Cub Foods Development Agreement ENCLOSURES: 1. Agreement Overview Pursuant to the previously approved Master and Final Planned Unit Development, attached is the development agreement between the City and Cub Foods. Cub intends to be under construction next spring and hopes to be completed by next fall. Requested Action Authorize staff to execute the attached development agreement DEVELOPMENT AGREEMENT CITY OF ARDEN HILLS K.T.J, LIMITED PARTNERSHIP SEVENTY NINE . 1.0 PARTIES, This Agreement is dated the 9th day of December, 2002, and is entered into by and between City of Arden Hills, a Minnesota municipal corporation (herein "City"); and KTJ Limited Partnership Seventy Nine, a Minnesota limited partnership, and its Successors and assigns (herein "Developer"), 2.0 RECITALS A. Developer is the record fee owner of the property described on Exhibit A, attached hereto ("Cub Foods Site"), B. The Cub Foods Site is adjacent to a shopping mall ("Shannon Square Site") which property is described on Exhibit A attached and incorporated herein, C. The approved site plans for the Cub Foods Site and the Shannon Square Site are illustrated on Exhibit B attached and incorporated herein. D. Developer has requested that the City approve a Planned Unit Development . ("PUD") which will encompass the Cub Foods Site and the Shannon Square Site (collectively, the "Property''). E. On the 9th day of September, 2002, the City approved the Master and Final Plan PUD fOr the Property subject to the execution of this Development Agreement by the parties, 3.0 TERMS AND CONDITIONS. NOW, THEREFORE, in reliance upon the representations contained herein; in compliance with the City's Zoning and Subdivision Regulations; and in consideration of the mumal undertakings herein expressed, the parties agree as follows: A. Developer Improvements. The Developer shall conslrtIct the following improvements to the Property in compliance with plans and specifications, attached and incorporated herein in Exhibit B. Construction plans and specifications will be reviewed and approved by the City's Consulting Engineer. 1. Site Grading and Turf Restoration. Site grading improvements shall include common excavation, subgrade correction, embankment and pond excavation. Turf restoration shall include seeding, mulching and erosion control, as illustrated in Exhibit B. . . a. Site Grading Improvements shall be completed on or before the 1 st day of November, 2003, b. Turf restoration improvements shall be completed on or before the 1st day of November, 2003, 2, Landscaping, Developer shall complcte all landscaping improvements on or before the 1st day of November, 2003, as illustrated in Exhibit B, 3, Storm Sewer. Storm sewer improvements include all neces8ary storm sewers, catch basins, culverts, and other apparatus and ponding areas, Developer shall obtain all appropriate permits from the Rice Creek Watershed District. Storm sewer improvements shall be completed by the I st day of November, 2003, as illustrated in Exhibit B, 4. Public and Internal Access Roads. Street improvements include subgrade preparation, gravel base, bituminous surfacing, raised medians and bituminous curb, as illustrated in Exhibit B and shall be completed prior to the issuance of occupancy permits for the building on the Cub Foods Site, a. Grey Fox Road: Grey Fox Road and its intersection with Lexington Avenue shall be improved in compliance with plans and specifications approved by the :Ramsey County Traffic Engineer and the City Engineer, . b. Direct Access from Lexington A venue: The direct access from Lexington Avenue directly onto Developer's property shall be constructed in accordance with plans and specifications approved by the Ramsey County Traffic Engineer. c. Raised Median: A raised median shall be constructed north of the railroad tracts on Lexington Avenue and south ofthe access from Lexington Avenue directly onto the Developer's site, in accordance with plans and specifications approved by the Ramsey County Traffic Engineer. d, Shannon Square Access: An access road to the west and south sides of the Shannon Square Site shall be constructed prior to the issuance of an occupancy permit for the building on the Cub Foods Site. 5. Sanitary Sewer. Sanitary sewer improvements include sanitary sewer mains, connections and appurtenances. Sanitary sewer improvements shall be completed by the 1 st day of November, 2003, as illustrated in Exhibit B, 6. Water Main. The water main improvements include water mains, connections and appurtenances. Water main improvements shall be completed by the 1 st day of November, 2003, as illustrated in Exhibit B. . 2 7. Fire Hvdrants, Fire hydrants shall be constructed prior to the issuance of an occupancy permit for the building on the Cub Foods Site and in accordance with plans approved by the Fire Chief or the Lake Johanna Fire Department. . B. Estimated Cost of Developer Secured Improvements. The estimated costs of Developer constructed improvements is as follows: Improvement Site Grading and Erosion Control Landscaping Storm Sewer Public and Internal Access Roads Sanitary Sewer Water Mains Fire Hydrants Subtotal: Total Security Required (125% of improvements) Estimated Cost $ 400,000.00 $ 85,000.00 $ 400,000.00 $ 70,000,00 $ 8,000,00 $ 32,000.00 $ 7,000.00 $1,002,000.00 $ ] .252.500.00 C. Improvement Security, Prior to the issuance of any development or building permits, the Deve]oper shall deposit security with the City Administrator in an amount equal to 125% of the City Engineer's estimate of the C08t of constructing the Deve]oper secured improvements which have not been completed and accepted by the City. The security may be in . the form of a cash escrow fund, a performance bond, or a letter of credit. The form of security shall be approved by the City Attorney. D. Reduction of Security, Upon completion of required improvements for the Property and acceptance by the City, the City Council shall reduce the amount of security for the completed improvements provided that in no case shall the total remaining security be equal to less than ]25% ofthe estimated costs ofthe incomplete improvements. E. Utility Companv Improvements, The utility improvements inclnde underground gas, electric, and telephone service a8 installed by the appropriate utility company at the direction of the Developer. The Developer shall arrange for the installation of underground gas, electric, telephone and cable tv after the first lift of asphalt is complete but before the final lift is started. Utility improvements shall be completed by the] ,1 day of November, 2003. F. Recordinl! Requirements. Prior to the conveyance of any interest in the Property and prior to the issuance of any building or development permits, Developer shall provide with the City with the following documentation. 1. Evidence ofTitIe for the Property. 3 . . . . 2. Evidence of conveyance or dedication of public easements. 3. Evidence that the Developer has acquired the Shannon Square Site or has acquired the right to use the parking areas of the Shannon Square Site in connection with the uses on the Cub Foods Site. G. Bindin2 Effect. The terms and provisions ofthis agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns ofthe parties hereto and shall be binding upon all future owners of all or any part of the Property. This Agreement, at the option of the City, shall be placed ofrecord so as to give notice thereto to any subsequent purchasers and encumbrancers of all or any part of the Property and all recording fees, if any, shall be paid by the Developer. H. Notices. Whenever in this Agreement notice is required to be given by one party to the other, such notice shall be delivered personally or shall be sent by certified mail, return receipt requested to the following addressees. Such notice shall be deemed timely given when delivered personally or when deposited in the mail in accordance with this section, If to the Citv: Joe Lynch, City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 If to the Developer: KTJ Limited Partnership Seventy Nine Attn: Paul J. Tucci 5125 County Road 101, Suite 100 Minnetonka, Minnesota 55345 Morrison & Fenske, P.A. Attn: Mr. Jim Morrison 5]25 County Road 101, Suite ]04 Minnetonka, MilU1esota 55345 L Incorporation bv Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein. J. Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this Agreement: 1. Failure of the Deve]oper to comply with any ofthe terms and conditions contained in this Agreement. 4 2. The failure of the Developer to comply with any applicable ordinance or statute with respect to the development of the Property. . K, Remedies, Upon the occurrence of any event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. The Developer shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum, No action taken by the City pursuant to this section shall be deemed to relieve the Developer from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default The Developer shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section, 2. Obtain an Order from a Court of competent jurisdiction requiring the Developer to specifically perform its obligations pursuant to the terms and provisions of this Agreement, 3. Exercise any other remedies which may be available to it including an action for damages, . 4. Withhold the issuance of any or all building permits for the Cub Foods Site and/or prohibit the occupancy of all building(s) on the Cub Foods Site for which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the Developer shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a result of the event of default, whether or not a lawsuit or other action is formally taken. . 5 . . . IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first above written, ATTEST: Joe Lynch, City Administrator STATE OF MINNESOTA ) ) ss, COUNTY OF ) CITY OF ARDEN HILLS, a Minnesota statutory city Dennis Probst, Mayor On this _ day of ,20_, before me, a notary public within and for said county, personally appeared Dennis Probst and Joe Lynch, to me known to be respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public 6 DEVELOPER: KTJ LIMITED PARTNERSHIP SEVENTY NINE a Minnesota limited partnership By: Name: Title: STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this _ day of , 20_, before me, a notary public within and for said county, personally , the ofKTJ Limited Partnership Seventy Nine, a Minnesota limited partnership, and he/she executed the foregoing instrument and acknowledged that he/she executed the same by authority of and on behalf of said corporation, Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, PA (JPF) 50 East Fifth St., #300 St. Paul, MN 55101 (651) 291-8955 7 . . . . . . Exhibit A :~ t , ~t F i~ !~ .~ .f ~i ii , , , > , a!Hf; ~~ ~~;~:ii ~~ iE'$F i1 !l!mli! h!a; ~~ ! i~~~i~ ~ ;d;',; ! ~l! ~! '~'id HHH I , , i~n !.' f;n; -,:,*,~~ ~ t;~~ ~ ~i[~ ~ ~i; z ~ii ~ Hi .. $~1 ,.", ~~; I' , " '.~ q ;~ '" d t~ , -~ ~ "I" 1i q II II . f J ~ ~ ~ ~ ~ ~ ~ -------- ~ --- ~{ _f , -~~ -~ ~': flf" '] j "I ('c. " ' "\ I ~~ \ - ! 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W^"""'" RE-Sl.BMlTT^'- === :: ,~ ). . ~ ~~HILLS MEMORANDUM DATE: December 3, 2002 Agenda Item 6.A TO: Mayor and City Council Joe Lynch, City Administrator Aaron Parrish - Community Services Director Iff FROM: SUBJECT: Planning Case #02-20, Aaron Nelson, Master and Final Plan PUD Amendment, County Road D and Cleveland Avenue ENCLOSURES: 1, Description of Amendments to Building, Site Plan and Landscaping fOr 3130 Cleveland Avenue - Submitted by applicant. 2. Revised Plan Set - Submitted by applicant. 3. September 26th, 2002 Memo to Council 4. September 30th, 2002 Council Meeting Minute Excerpt 5. November 11, 2002 Letter from Don Ristow and Family . Request The applicant is requesting an amendment to a previously approved Master and Final Planned Unit Development to construct an office building at the corner of County Road D and Cleveland Avenue. PlanninQ Commission Recommendation In Planning Case #02-20, the Planning Commission recommends that the proposed Master and Final Plan Planned Unit Development amendments be approved with the following conditions: 1. On-street parking not be allowed and be removed from plan. . 2. The Developer work with City staff regarding the requirements of the neighborhood business district to come to a development resolution that takes into consideration the neighborhood business district requirements " .. ' ~2 . December 3, 2002 Planning Case #02-20 understanding this is a PUD, but that they pay special attention to the buffer zone specificaffy on the north and the east side of the property, and they try to meet the fuff intent of the buffer zone. Update The Council fist considered this PUD Amendment at their September 30th, 2002 meeting. At that time, the Council took the following action: Council Member Grant moved and Council Member Aplikowski seconded to table Planning Case No, 02-20: Aaron Nelson, Master and Final Plan PUD Amendment, County Road 0 and Cleveland Avenue for sixty days, The reason for tabling is to provide the applicant time to work with the residents to address the screening in the neighborhood business district and what screening should be used in this residential neighborhood, The motion carried unanimously (4-0). Subsequently, the applicant sent a letter to the adjacent property owners outlining solutions, The compromise outlined in the letter is outlined in the attached narrative statement provided by the applicant. The Council will note the following changes from the plans that were previously submitted: . · The footprint of the building has been slightly reduced from 5,465 sf to 5,315 square feet The second story has been reduced from 4,796 sf to 4,683 square feet. This changes the overall square footage from 10,261 sf to 9,998 square feet. · The building setback on the north has increased from 25 feet to 30 feet. . The parking setback on the north has increased from approximately 15 feet to approximately 16 feet. · Arborvitae trees on the northern border of the property have been extended further to the west. This will provide a coniferous screen for two of the three properties north of the proposed office building, In addition to the Arborvitae screen, there are additional deciduous trees planted directly north of the building, Double screening if you will. · Four arborvitae have been provided to screen the trash enclosure. While the applicant has interacted with most of the adjacent property owners, staff has had substantial interaction with Mark McGuire, the property owner at 2030 Glen Paul. The revised landscaping plan proposes to place a six foot high privacy fence along the border as well as three deciduous trees, While generally not supportive of the proposed development, if the development were to proceed, Mark has indicated his preference for an eight foot fence, The applicant has indicated that he is not willing to install or be responsible for an eight foot fence, This is based on the additional structural engineering and expense required to construct such a fence. Additionally, eight foot fences are not allowed in residential districts without a variance, However, they are allowed on commercial property without a variance. . . . . '... Page 3 December 3, 2002 Planning Case #02-20 Staff Recommendation Based on the Planning Commission recommendation, additional landscaping, and screening provided, staff would recommend approval of the PUD Amendment with the following condition: 1, On"street parking not be allowed and be removed from plan. Deadline. for AQency Actions The applicant has waived the City's statutory obligation for timely review, Options 1, 2. 3. Recommend approval as submitted. (4/5'5 Vote Required) Recommend approval with conditions. (4/5'5 Vote Required) Recommend denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request". Table for additional information, 4, . . . '. , DESCRIPTION OF AMENDMENTS TO BUILDING, SITE PLAN AND LANDSCAPING FOR 3130 NO. CLEVELAND AVENUE The requested amendment to the PUD is for the construction of a two story office building with a smaller footprint on the vacant lot located on the northeast corner of County Road "D" and Cleveland Avenue, Description of Site The property is a vacant lot in the southwestern corner of Arden Hills. The lot is 146,67' x 225' and consists of ,758 acres (33,000 s,f.) of land. The property is situated at the intersection of two of the more heavily traveled roads in Arden Hills (Cleveland & County Road "D"). All of the corners on this controlled intersection have been developed and/or used for commercial uses, The corners on the western side of Cleveland have both seen recent redevelopment activity, All of the known prior uses of the subject property have been commercial, The appropriate and proper use of this property is for commercial purposes, size and Desiqn The building has been modified to respond to concerns of the neighbors expressed at the City Council meeting (September 30, 2002) in which the original proposal was initially considered and tabled, Since the September 30th meeting, the building has been reduced in overall width by 6', An additional 2' in depth was added, The net effect is that the foot print has been reduced to 5,315 s.f. The second floor has also been reduced to 4,683 s.f, The building will contain a total of 9,998 s.f, of space on the top two floors. However, the net useable space is only 8,167 s.f. due to required common areas (i.e. foyer, bathrooms, stairwells, elevator shaft, etc.) . The building will have a low pitched hip roof to minimize height and to be consistent and compatible with the adjacent residential neighborhood roofs. The decks were added to provide for a softening of the roof line and to eliminate the shoe box look of many office buildings. The entrance canopy was also lowered to soften the look of the building, The proposed exterior will be an attractive combination of stone or brick and stucco. Space Utilization The upper two floors of the building are designed to be flexible to meet the needs of businesses that require smaller office spaces. The building will accommodate tenants with needs from 880 s,f. to 4,000 s,f, The main floor will accommodate up to 4 individual tenants and the redesign of the second floor will also allow the space to divided into as many as 4 rental spaces, The building will have a full basement as previously planned, The intended use of the basement area is for storage and mechanical equipment, An elevator is planned to serve all three floors, 1 Setbacks from Adiacent Residential Properties " . . The building setback from the adjacent residential lots on the north has been increased to 30 feet. The previous 30' setback from . the east line has been maintained, The parking lot has been moved further to the south increasing the buffer zone between the north end of the parking lot and the north boundary line to 15'8", The parking lot was also moved approximately 2' to the west, The overall parking lot size as shown on the previously submitted plan for this design has not changed, Landscapinq The landscaping plan has also been modified to address some of the concerns of the neighbors to the north. The planting of the arbor vitae trees has been extended further to cover the easterly 150' along the north line which includes the entire south boundary of both 2020 and 2026 Glen Paul, The current chain link fence across these two lots will remain in place. There have been no changes of the landscaping along the east boundary between the subject property and 2033 W, County Rd "D". The moving of the building to the south provided additional space for the planting of deciduous trees on the north side of the building. The proposed trees have been moved further to the south and away from the relatively low utility lines which hang from utility poles across the two easterly lots directly to the north of the planned building (i.e. 2020 and 2026 Glen Paull, The plan continues to provide for a 6' privacy fence across the westerly 75' of the north property line (2030 Glen Paul) along with the planting of deciduous trees in the area between the parking lot and the north boundary where practical, . The landscaping plan provides for a very generous combination of carefully placed coniferous and deciduous trees along with fencing to effectively screen the development from the residential properties to the north and east. Trash Enclosure The trash enclosure has also been moved slightly to the south, We have provided for the planting of 4 arbor vitae trees on the north side of the masonry trash enclosure to provide additional screening for this structure and some additional screening for the main building, Neiqhbor Communications The two neighbors directly to the north of the proposed building (i,e. 2020 & 2026 Glen Paul) have received a letter giving them the option to have the arbor vitae trees planted on their side of the current chain link fence_ If this option is chosen, we would install the arbor vitae trees when we begin construction in the spring, The existing chain link fence would remain, There are obviously some advantages and disadvantages to the proposal which the neighbors must . consider. 2 . . . , , A similar offer was made to the neighbors on the northwest side of the parking lot (2030 Glen Paul) where we offered them the option of having arbor vitae trees planted in lieu of the 6' privacy fence, However, due to the grade of the area just south of the property line, the proposal was to leave the existing chain link fence and to plant arbor vitae 2' on the neighbors' side of the property line. None of the neighbors have acted upon this offer. These offers will remain open until early 2003 when we start signing our construction contracts. We have also asked for input from the neighbors as to the type of deciduous trees to be planted in the buffer zone between their respective properties and the planned improvements on our property, The species of trees have been selected very carefully taking into consideration the space available, sun conditions, amount of moisture, etc, We have received no suggestions as of the date of preparation of this summary, The only input we have received to our proposed landscaping plan along the border was from the neighbors on the northwest corner (i,e, 2030 Glen Paul) who have used Aaron Parrish as their intermediary. These neighbors have demanded the installation of an 8' tall privacy fence in lieu of the planned 6' privacy fence. In addition to the 6' privacy fence, our landscape plans provide for the planting of some very dense deciduous trees (Linden and River Birch) in the area between the parking lot and the privacy fence, This will provide additional screening which will effectively screen our property from this neighbors' property, The height of many billboards is 8', The home these neighbors reside in is across Cleveland from the two story office building which is taller than our building and is closer to their property. These neighbors currently have a 30 to 32 foot long detached garage with a gable roof that is approximately 15' tall. This extra garage sits in the center of their rear yard slightly towards the east side of their back yard. This alone screens the parking lot from a good portion of their house and many areas of their lot, These neighbors also store on a trailer during the year a large purple ice fishing house in their back yard along the common boundary with the subject lot, The ordinance requires effective screening not total screening, Summary We have asked for an amendment to our PUD which was started prior to the approval of the neighborhood business zoning district. The PUD format was originally chosen because it was the only way to effectively develop this land in view of changes to the zoning laws, It was never intended to circumvent the neighborhood business zoning requirements as intimated by one of the neighbors, As part of this request for an amendment to our PUD, the plans (building and landscape) have been modified to provide the 30' buffer zone from all residential lots and to provide effective screening for the adjacent residences in a manner that meets the current requirements under the neighborhood business district, The screening set forth in the ordinance does not have to be total screening but merely effective screening. It is hard to envision a use that would have less impact on the neighboring residences, If residences were to be constructed on this property, 3 the neighbors could easily have a two story house only 5' from the' side boundary lines with absolutely no screening requirements. The ordinances would also permit a driveway to be installed right next to the property line without any setback requirements. ., ' The proposed development will be a very attractive building constructed with quality construction materials, The building will provide needed office space for professionals and smaller businesses who would welcome the chance to serve the residents of Arden Hills, We know there is a need for quality office space because we have received a strong response to our preconstruct ion sign and advertising, Several of the prospective tenants are local residents. . The subject property is one of the main gateways into Arden Hills from the south and the west. This is the first property you see as you enter Arden Hills on County Road "D" or Cleveland Avenue, As part of this development, we have offered to provide the city with an easement to install a gateway sign on the corner to welcome and greet visitors to our fine community, The building will significantly improve the corner, We ask you for your support of this fine project. \'~~'6 ~ . . 4 . ~ ~ ffiili "1"1 z ~ ~)> ~ ~ ~ r ffi g !!l ;0 ~ -" ro ~ '" ,,~ ~5 ":;;: qm ::0 -n r o o ::0 -0 s;: Z '" '" '" 0> G) (J) -n ", s: ):> Z -n r o o ::0 -0 r ):> Z '" w ~ '" G) (J) -n (;?J ~sa --0 qm ::0 -n r o o ::0 -0 r- )> Z .... 0> co W G) (J) -n n:- IL : I~ ' !. i , , 10-- Ill~ I , , ;. I . Ie-- 1_.. ,0,' i" j W I , II" " I~f=, l"l" ! :~ I~ ill il" , ~ ~ ,. ro ~ z i!i riI ~ w ! ----- r , '."-"'.'.', < ~ :r~lt " <~==:::=__==t!:=.. " " " " r '-- 7 I = = = = = - = = = = '-.~ ~= = = = -: m ..s ~ i ~'~ ~ i I~ ' I' 2 I \1 . 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LANDSCAPING TREE SCHEDULE 3130 North Cle,'eland Avenue BOUNDARY TREES Code Name Botanical Name QT SIZE Y GN Sugar Maple Acer Saccharum 'Majesty' 3 4.5" GN Sugar Maple Acer Saccharum 'Majesty' 3 3.5" OR Rubrum Maple Acer Rubrum 'Autumn Spire' 3 3,5" GS Linden Tilla Cordata Grccnspirc 2 3.0" RBR River Birch Betula Nigra (Cluster) 3 2.011 PP Spruce Picea pungens 3 15' TO Tcchny Thuja occidentals Techny 51 6' NON-BOUNDARY TREES Code Name Botanical Name QT SIZE TOTAL Y lNCIIE S GN Sugar Maple Acer Saccharwn 'Majesty' 3 4.5" 13.5 NPO Northern Pin Oak (if QuercU'i Ellipsoidalis 2 3,0" 6.0 available or other species will be substituted) L1 Snowdrift Crab Malus Snowdrift 5 3.0" 15.0 RE Red Splendor Crab Malus Red Splendor 2 3.0" 6.0 TOTAL INCHES 40,51' Note - Perennial plantings have not been scheduled. The one reference to "H" next to the building is for Day Lilies hlllir'.newhklgl"ndscOl.pln . . . anuaA ~ ~.. )0 _1'-> B ~ vl 0 .J w Cj'\ U\ 0 ,.., ~ ~ D ;s ~ -, ~ -s i' f.- ? .J:.. - VI ..' - () ;5 VI -1 :{' ~ tJl. 1) - 0 (' ~ r ) ] ...J :l;:,El :t> 1" \.JJ ~ .. - ~ <.J-> "\ 0 () 04 ,.. ~ , J:.. J ) '" (!'( C> N ~ ~ .. ,.,. 0 .. (" ... " -J lv 0N <^ 0 -.l _ <> ... ~ (II >-' - ~ 0 ".. w ;? c, 0 t- .. } -J.. nt-> ~ C>- 0 F U' IU <.,., . j-\J3 N . ... ;:u<G (j\~ ...... -0 J:h' . (t> - .. " .I=- 0 ~ ... C2 ~ ] 0 . . . :" . --- . - ~, ) 1 . ) lIE] rTl \<' ~~. " I "'" ~ '- - ----- 1-"__. . , < . . . ~ ~~HILLS MEMORANDUM DATE: 6.A.1 September 26, 2002 Agenda Item TO: Mayor and City Council Joe Lynch, City Administrator FROM: Aaron Parrish - Community Services Director SUBJECT: Planning Case #02-20, Aaron Nelson, Master and Final Plan PUD Amendment, County Road D and Cleveland Avenue ENCLOSURES: 1. September 25, 2002 Letter from Applicant 2. Revised Landscape and Site Plan 3. Planning Commission Meeting Minute Excerpt 4. American Linden and American Arborvitae Fact Sheets 5. August 27, 2002 Memo to Planning Commission Request The applicant is requesting an amendment to a previously approved Master and Final Planned Unit Development to construct an office building at the corner of County Road D and Cleveland Avenue. Deadline for Aqencv Actions The City of Arden Hills received the completed application for this request on August 6, 2002. Pursuant to Minnesota State Statue, the City must act on this request by October 5th, 2002 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period, The City may with the petitioners consent extend the review period beyond the 120 days. Options 1. 2, Recommend approval as submitted. (4/5's Vote Required) Recommend approval with conditions. (4/5's Vote Required) . . . Page 2 September 25,2002 Planning Case #02-20 3, Recommend denial. If the City denies the petitioners request, ",..it must state in writing the reasons for the denial at the time that it denies the request", 4. Table for additional information, PlanninQ Commission Recommendation In Planning Case #02-20, the Planning Commission recommends that the proposed Master and Final Plan Planned Unit Development amendments be approved with the following conditions: 1. On-street parking not be allowed and be removed from plan. 2. The Developer work with City staff regarding the requirements of the neighborhood business district to come to a development resolution that takes into consideration the neighborhood business district requirements understanding this is a PUD, but that they pay special attention to the buffer zone specifically on the north and the east side of the property, and they try to meet the full intent of the buffer zone. To address the second condition, the applicant has submitted a revised landscape and site plan. As the applicant's letter indicates, the building on the revised site plan has been moved approximately 4,5 feet to the south. The landscape plan has been modified in the following manner: 1. On the northern border of the property, six linden trees have replaced six river birch trees. Both are deciduous trees that do not retain their leafage through the winter months. 2, Two additional linden trees have been added on the northern portion of the site where sod had previously existed, Based on discussion at the Planning Commission meeting, it is staff's interpretation that the revised landscape plan does not meet the requirements outlined in the second condition, From staffs perspective, this condition would be more appropriately met by placing a screen wall of Arborvitae on the entire northern border of the property and a portion of the eastern border, If the PUD amendment were to be approved, this is the screening preference of the neighbors to the north, However, it should be noted that the neighbors proximate to the site are generally not in favor of the PUD amendment. Fact sheets for both Linden and Arborvitae have been included for your reference, I' .. ~ , LAURENCE M. NELSON 1909 . 2000 STEPHEN L. NELSON & ASSOCIA TES AHORNEYS AT LAW 665 NORTH SNELLING AVENUE SAINT PAUL, MINNESOTA 55104-1893 (651) 646-5000 Fax (651) 642-2619 LEGAL ASSISTANT . STEPHEN L NELSON SHARON E. LYNCH September 25, 2002 Mr. Aaron Parrish, City Planner c/o Arden Hills City Hall 1245 West Highway 96 Arden Hills, MN 55112-5794 Re: Applicant: Aaron S_ Nelson Property Address: 3130 North Cleveland Avenue Application for Master PUD and Site Plan Review Dear Aaron: . Enclosed herewith please find the following documents: I. A reduced revised site plan; and 2. A reduced Landscape Plan. The changes to the site plan include moving the building approximately 4' 6" to the south so we are at the minimum from the south line, The homes to the north are all buffered by a fair amourtt of distance from their homes and most of them have garages that are adjacent to the common boundary, The only additional office space which has increased on the north side is one office on the second floor and with the narrowing of the building and the placement of the stairwell, there actually is an overall reduction of office area on the north side of the building. . The north boundary was the biggest concern raised at the planning commission meeting, I just received the landscape plan so I have only briefly glanced at it while it was being reduced. The two trees from the island have been moved to the north side. There are some spacing issues with respect to the trees on the north side and some biodiversity considerations which may suggest some changes to the type ofthe trees along the north boundary. The landscape architect chose American Lynden trees instead of swamp white oak which I had requested. The reason was that they are more dense crown but they also lose their leaves, The swamp white oak will retain their leaves some winters which would give some additional buffer during the winter. The additional trees are shown very close and I personally would like to space them out a little more so as they mature they have room to fill out the full crown. I probably would also like to substitute a clump of river birch trees near the trees to be placed closest to the culvert on the west side and maybe alternate types of trees. Since I was not given a chance to review this plan before filing some of my ideas were not incorporated. f' .. I . . . Mr, Aaron Parrish September 25, 2002 Page 2 Two other items, The fence along the north boundary is not shown on this plan. For some unknown reason the fence did not print. The fence will be the same as previously proposed on the last plan and will run from the west end of the arborvitae to the west end of the lot. The second item is that along the north boundary of the parking lot there will be planted perennial plants such as hostas or some other type of low maintenance plants. The more I have investigated trees the J;l1ore I have learned about need to diversify the trees, It is recommended that the same trees notlle used adjacent to each other so that you will not lose all of the trees in the event of a disease, A couple of passing thoughts. The area on the north is difficult due to the need to allow water drainage for all homes in the neighborhood, not just our development. The type of trees proposed can withstand high concentrations of water and extremely moist soils, The trees are all deciduous because the area on the north will have very moist soils and there will be a need to have some snow storage in this area, Very few coniferous trees can stand extremely moist soils, Also, the placement of snow up against coniferous trees will harm and damage the lower branches. All three of the homes have garages tat back up to the north common boundary line. Mr. McGuire's second detached garage is at least 30+' long and blocks most of his property from our land, The other two homes also have fairly large garages and/or breeze ways, I believe that the Mr. McGuire purchased his house after the preliminary PUD had been approved. The preliminary POD contained only a 10' setback between on the north adjacent to the parking lot. Thus, ifMr. McGuire had investigated he would have known what was proposed before he purchased the property. We feel that this is an excellent project which will be very compatible with the neighborhood, Upon completion of the project, it will be a tremendous improvement to the comer and will hopefully bring in some new businesses that will benefit and serve 0 ommunity. SLN/sln cc: Burce Caulfield SLN\BlairINewBldglParAar02.1tr ~- ~f:) t I '-' Jl/ )1/ . :~h; I~f .~ "I ~ i ",1/ l I -~It' ~ U ..~.. _l l, I cc ,. ' . I . ",i I I r~:'.' >'.. ~ ,! v ,-) " _ K . '/ I'~ I' . . 1/' :Q1\' I ' ' ,J".. c- ,,~ "Ii >'" L- ' '1 .~~ "" I . ~"."..,.,..,..' ----II< v ,.17 ( '" I'~" II . ," .-....- ~'.'/ ~ II I~ ,~ l~ ~ II ~ ~j I[ v "7 , ..' ~ k -\-.. ii ~IJ ,~ ~. . 'Fl: : h < ,:0; . ~o 2~ .", '\" ,i+ ~"7 ~ . I ew ~. I i~ I):' .1 !--v1", , II; il! jm.-:J' . I'~' r." j." .' 0 '" 1/'" II~I<J ;b1 ,r~ ,,; m' .::' I 1Im'I'lI+J~'" .' .~. to ,/ ! -- - I ,I> ~ g~l!l 0' l..' iIi,I,," ....._..... ,"~.. .. ~l _ I1t "'. i~i'!i'!liil .' ' ___c-;;... _._J?Yl:'~ .,::v-v,,'" ii' -.- ~_~'!I l ,~ '\ II 1 .._,~"", . .. .. .. 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WI! l .' ~ II ! . i J I I ! /1 , , . .. - - - - - - - - - - - - - - - - - - .. - - - -------------------.-.------ i I I I I ! ! , "'" . ./ , , , . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 2 Patricia Johnson, 2986 Meldew Drive, Roseville responded they would be charging for the music lessons to both members and non-members of the church. Chair Sand requested for future reference they may wanl to look at what uses were permitted for a house of worship. Commissioner Ricke asked if it was possible there would be requests for drama lessons, etc. for other buildings, Mr. Parrish replied that was why they limited it to music lessons and did not open this up to general issues. He stated it was a balancing act to decide what was an accessory use and what was not. Commissioner Ricke moved, seconded by Commissioner Lemberg, to approve Planning Case #02-24, Trinity Lutheran Church, 1700 Highway 96, Zoning Ordinance Amendment. The motion carried unanimously (6-0). PUBLIC HEARING - PLANNING CASE #02-20 - AARON S. NELSON, 3475 SIEMS COURT, PLANNED UNIT DEVELOPMENT AMENDMENT Chair Sand opened the public hearing at 7:13 p.m. Staff reviewed their report dated August 27, 2002. Staff recommended approval of the proposed Master and Final Planned Unit Development amendment with conditions as outlined in their report. Steve Nelson, speaking on behalf of his son, Aaron Nelson, stated with respect to the building materials, the architect felt that stucco would be more residential in nature where brick would not be, He indicated a lot of the changes were as a result of prospective tenant requests. He stated they wanted to make this more flexible for tenants. With respect to on-street parking, he understood the concerns noted and suggested putting two parking spaces to the east ofthe building. He stated there would be sufficient room to put two on-street parking sites there, With respect to coniferous trees, he stated they had looked at that initially, but because of the high water, it was recommended they not use those types of trees, In addition, if they had a fence there, there would be less screening at the top, He noted a large pine tree would also almost be in the parking lot. He stated they would not assume any problems with drainage issues ifthis were done. Commissioner Zimmerman asked what was the rationale for wanting on-street parking, Mr. Nelson replied they did not know the exact needs of the tenants and they had checked with the property across the street to see if they could lease excess parking spaces from them, He stated that business did not have an issue with leasing their parking lot. However, when he contacted the City of New Brighton the City had concerns about leasing of the parking lot and recommended against it, He the only option they had at this time was additional on-street parking. Chair Sand asked if the overall height of the building would bc less, Mr. Nelson replied it would go down two feet. , . , . . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 3 Chair Sand asked for the overall height of the building, Mr. Parrish replied it was 29 feet and the building height limitation was 35 feet. Cathy Smithknecht asked if the decks would be used and how big would they be, Mr. Nelson replied they could be used the tenants and they were 12 feet by 12 feet, He indicated this design was by far the most attractive design they had seen, Paul W, Muilenberg, Manager of Corporate Affairs, Croix Oil Company, 1749 South Greeley Street, P,O, Box 15, Stillwater, MN 55082, by letter dated August 30, 2002 stated Croix Oil Company owned the Spur-branded gasoline station/convenience store located at 3110 Cleveland Avenue, across the street from the proposed development. He expressed support of this project, and believed that an office building would be an excellent addition to that intersection and encouraged support of the development proj ect. Mark McGuire, 2030 Glen Paul Avenue, stated the following neighbors were opposed to this proposal: Ruth McGuire, 2030 Glen Paul Avenue; Monte and Bonnie Arhard, 2014 Glen Paul Avenue; Don and Melanie Ristow, 2033 County Road D; and Kim Luger, 2026 Glen Paul Avenue, He stated the neighbors did not want the proposed building to be oversized, He stated the adj acent houses were one story ramblers, He stated they wanted proper screening. He noted if the building was going to be bigger, there needs to be more screening provided, He stated there would be very little screening to the north, He indicated they wanted the new building to blend in with the surrounding homes and to make sure there was proper landscape screening for adjacent neighbors. He stated the proposed river birch trees provided very little screening in the winter, they were slow growing, and they were not recommended by a landscape design engineer or the Minnesota horticultural society. He stated pyramidal arborvitae would provide screening and thrive in moist or wet fertile soil. He indicated on-street parking would create traffic problems, He noted there was no room for on-street parking unless the City cut down trees that screened the business across the street. He noted they wanted the trash moved over to the other side to prevent odors to the adjacent neighbors, He asked why decks and balconies were necessary on an office building, and expressed concern that the tenants would be able to look into their yards and properties, which would impose upon their right to privacy. He stated applicant had not contacted any of the neighbors for their input. He indicated the neighbors felt they had not been told the whole story by the applicant with respect to the fence location and trees not heing able to grow along the north property lines, He expressed concern about pollution on the site and encouraged the Planning Commission to request the applicant enroll in the VPIC program. He expressed concern about snow removal on the site. He stated the neighbors would not be taken advantage of by businesses or anyone else trying to exploit the new neighborhood business district zoning ordinances, He noted they were concerned about their property values and proper screening as adjacent and close proximity neighbors. He stated the neighbors were in support of some type of a development on that property, hut they wanted the City to follow the Zoning Ordinances. Commissioner Lemberg asked what was the minimum setback on the south side of the property, Mr. Parrish replied it was 20 feet. Commissioner Lemberg asked if the trash could be moved to the south side. Mr, Parrish replied that was a possibility, . ' . . . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 4 Kim Luger, 2026 Glen Paul Avenue, strongly opposed this because of the buffer zone going from 30 feet to IS feet, She stated the building was proposed to be shorter, but it was going to be wider, which would move it closer to her property line. She stated she needed more landscaping along her property line. She expressed concern about the decks and balconies on the building and asked why they were needed. She stated she agreed with all of the concerns Mr. McGuire noted. Mrs, Osborn, 2020 Glen Paul Avenue, also stated she was strongly opposed to this because the lot was too small for such a large building proposal. She expressed concern about parking issues, She stated when the gas station was there, they had drainage problems, but since the gas station had been removed, they no longer had drainage problems. She stated an office building on this site would cause drainage problems again. She stated the site would be suitable for a single-family home, Don Ristow, 2033 County Road D, believed there has been manipulation going on over time. He expressed concern about privacy issues. He expressed concern about the size of the building. He stated before they moved into their home, they had contacted the City and were informed that in order for a commercial property to be built on that site, it would be necessary for a 100 foot buffer. He noted this development would not have a 100-foot buffer. He stated the building would be taIler than the landscaping and it would be years, if ever, before the trees would buffer the building from the neighborhood. He expressed concern about what the storage area would be used for. He asked what would the ramp be used for. He expressed concern about the security lighting by the ramp and that his dog would set off that lighting each time it was let outside, He expressed concern about his property values decreasing with an oversized office building next to his home. He expressed concern about drainage and traffic issues. He stated the proposal showed a significant sloping of the land and asked where would the water drain to. With respect to traffic, he stated there were a lot of neighborhood children in the area and the safety issues with increased traffic, He stated an 8-foot fence would not only be ugly, a straight line wind would knock it down, He expressed concern about the decksfbalconies and the tenants looking down into his back yard, He indicated he would not object to an one- story office building, but this proposal was oversized for the lot. He stated he believed most of the neighbors would prefer to see this lot not be developed, He requested the blueprints, drawings, drainage plans, etc, be accurate, Duncan Clyborne, 1850 Glen Paul Avenue, stated he moved into his home a month ago, He stated he was not objecting to the use of the land, but he did not believe this development was appropriate for that lot. He stated he was concerned about the portion ofthe zoning ordinance that addressed neighborhood businesses. He stated neighborhood businesses were to serve the needs of the residences. He asked what type of services this development was going to give to the neighborhood. He stated if the building was proposed to be larger, the landscaping should also be increased. He questioned why there were variances given in every single area of the buffer and the buffer area had not been foIlowed. Mr. Nelson replied this was a PUD proposal and there was a difference between a PUD and a neighborhood business, He stated there would be many businesses that would serve the neighborhood, such as attorneys, accountants, optomologists, etc, . . , . . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 5 Mr. Parrish explained the difference between a POO and a neighborhood business district. Shawn Kennedy, 620 Cleveland Avenue, stated he was looking into moving into this community and expressed concern about the City not taking the concerns of the neighbors seriously. He stated this development would not benefit the neighborhood, He expressed concern about the increased traffic. He stated this intersection was very congested and there were children and elderly in the area and expressed concern for their safety, He stated he was not opposed to development and there was nothing wrong with developing property, but it should fit the needs and concerns of the already existing neighborhood, He stated Mr. Nelson has not paid attention to the concerns of the residents. He stated things would benefit him, but there was no benefit to the neighbors. He stated he did not believe decks were necessary on an office building, He stated the proposed decks would be obtrusive to the neighbors and they would lose their privacy, Mr, Clyborne stated he would be willing to take a survey of residents iu the area to see if they would use the services proposed for this development. Mr. McGuire requested an official traffic study for this comer to see what the impact of this development would be with respect to traffic. He noted all of the homes in the area were one-story homes, Mr. Nelson replied changes were difficult and development was hard to accept, but this would be an office building that would be used 9 a,m, to 5 p.m. Monday through Friday with limited use on the weekends, He stated the purpose of the building would be for people to work and not lounge around on the decks, He stated there would be a solid wall on the decks. With respect to the screening, they had spoken to the neighbor to the east to find out what type of screening they wanted, He stated the west would not support arborvitaes, He stated his architect was recommending River Birch, He stated they would plant 10-12 feet trees and they grew fast, up to 50 feet. He stated his proposed tenants were lawyers, accountants, dentist, and a sales representative, He stated the storage were for files, He stated they were only requesting small amendments, which was to size. He stated the gentlemen who had his home appraised and indicated they offering $20,000,00 less than the appraisal, had his appraisal go to the middle of the street. When the appraisal was reworked to end at the property line, it indicated a fair value of $146,000,00, He stated the gentlemen turned down that proposal and stated he wanted over $190,000,00 for his property, He explained where the drainage would flow and stated an engineer had looked at this, He stated parking on the west side of Cleveland was in New Brighton and they had no control over parking in that area, He noted they had looked into the VPIC plan and did know what to do with any contaminated soil that was found. With respect to the location of the trash, they had never had a problem with odors. He stated they would recycle, He indicated there would be no restaurant in the building, so there would be limited food in the trash containers. He indicated the landscaping would be very nice and they had worked hard on a landscape plan attempting to take everyone's concerns into consideration. Commissioner Ricke inquired about the existing fence along the lot line. Mr. Nelson stated the current fence would come down and they would need to address snow issues. He stated he would be willing to put a berm in, but this would create drainage problems " , . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 6 and he would not take responsibility for any drainage problems for the neighbors if he was required to put in a berm. Commissioner Ricke asked about the location of the trash containers. Mr. Nelson replied the area they chose for the trash containers would be the least obtrusive and most convenient area on the site. Commissioner Ricke asked if the tenants would have any lunch room area for their employees, Mr. Nelson stated it would be up to the tenants if they wanted a break room, but there was no plan at this time for one, Commissioner Ricke stated it was very common for tenants to want decks for cook outs and after work parties, She asked if there were any covenants proposed, Mr. Nelson replied he did not believe his insurance company would allow grills on the decks and this was a non-smoking building. He stated he would not be opposed to covenants. Commissioner Ricke asked if they had considered non-functional decks, Mr. Nelson decks enhanced the value of the property. He stated they would be willing to make the decks non-smoking. Commissioner Ricke stated the new design did not appear to be as pleasing as the original design and asked if they gave up something by the new design and asked if a smaller square footage area would work, Mr. Nelson replied the building was designed and laid out to accommodate four tenants, Commissioner Ricke asked if the storage area would be used to store other things other than paper. Mr. Nelson stated he might store his boat or other items in the storage area and this had been addressed previously, He stated there would be one light in the ramp area. Commissioner Ricke asked if the ramp led to a garage door. Mr. Nelson replied it did and that had not changed from the original proposal. Commissioner Ricke asked if they had looked at adding additional lighting by the ramp area. Mr. Nelson replied the lighting they were proposing was sufficient and any further lighting would intrude upon the neighborhood more. Commissioner Zimmerman stated stucco was not an allowable building material for a neighborhood business district. He agreed with Commissioner Ricke that this new design had lost some of the appeal of the original design. Mr. Nelson replied stucco was more of a residential look than brick and would fit into the neighborhood better, Chair Sand asked if they had given thought to additional landscaping, even though he did realize they were over what was required by the City, He asked how many of the existing trees there now along the east side would stay. Mr. Nelson stated most of the trees were oriental elm, cottonwood, ash, willows and they were told that they were not worth saving, and they were better off taking them all out and starting over with appropriate trees. . . . , . 7 ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 Commissioner Smithknecht asked if the trees could stay if they wanted them to stay, Mr. Nelson replied they could not stay; they had not been maintained and they were considered scrub trees and would be replaced with much better trees, Commissioner Bezdicek asked if the City Engineer had looked at the drainage plan, Mr, Parrish replied given the fact that it was Jess than an acre in size, the Rice Creek Watershed District had not done any review, but the City Engineer had seen the original plan and they had identified a few issues and it would be necessary that a final draining plan be presented and approved by the City Engineer prior to the issuance of a building permit. Mr. Nelson replied that their civil engineer had addressed the drainage issue and the drainage plan would be submitted prior to them applying for a building permit. Commissioner Bezdicek asked if the City Engineer had looked at the traffic impact for this area, Mr. Parrish replied the City Engineer had not looked at the traffic impact yet. Chair Sand asked why a one-story building would not work. Mr, Nelson replied they had an architect look at a possible one-story building, but it would not allow for enough interior space and there would be a lot of wasted space. Also, there would not be sufficient parking if they went with a one-story building. He stated this was not an economic issue, Commissioner Ricke suggested a two-story building, but one which was smaller to meet the buffer yard requirements, Mr. Nelson replied they did meet the buffer yard requirements, but there was a possibility to move the building to the south, which they might end up doing, Mr, Parrish replied there had been three actions with respect to this development. The first one being a concept review and the neighborhood business ordinances were just being established, He stated the next action was last December and it was determined a 15 foot buffer was sufficient because the parking would be encroaching and not the building. He stated a buffer yard requirement was essentially that there should be some type of a buffer zone, but under the PUD, it allowed for a deviation from the buffer zone. He stated the buffer zone was the primary issue, Commissioner Bezdicek asked if the north fence would be six feet high and had they considered the fence being 8 feet high. Mr, Nelson replied this architect did not recommend a higher fence because they were susceptible to coming down in straight-line winds and they were not very attractive, He stated if the neighbors wanted the additional two feet added to the proposed 6- foot fence, hc would be willing to do that, if the neighbors wanted to pay for the additional two feet. He also stated there was nothing precluding the neighbors from adding additional landscaping to their property if they were concerned about screening. Commissioner Smithknecht asked what type of drainage problems would there be if they added a berm. Mr. Nelson replied, the water would stay on the neighbors property and would not drain properly. He indicated he was not objecting to adding a berm and adding a fence to the top of the berm, but he would not take responsibility for drainage issues on . . . . . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 8 the neighboring property because a berm was added and he would want a signed release from each of the neighbors. Mr. Parrish replied the City would not allow a berm due to the impact on the drainage. Chair Sand if they were limited to dealing with the amendments or were they at liberty to address the entire site plan. Mr. Panish replied they could address the entire site plan. He stated if applicant was unhappy with the Commissioners suggestions, they could withdraw their proposal and the previous approved plan would stand, Chair Sand closed the public hearing at 9:03 p,m, Commissioner Ricke moved, seconded by Commissioner Smithknecht, to deny Planning Case #02-20, Aaron S, Nelson, 3475 Siems Court, Planned Unit Development Amendment because the new plan was not consistent with the standards that were in the neighborhood business zoning requirement, it was not as aesthetically pleasing as the previous plan, the decks invaded the privacy of the neighbors, and the proposed amendment is not equal to or better than the previously approved plan, Commissioner Lemberg noted that this building would not be any higher than a two-story home, Chair Sand expressed concern that this has been a vacant land for a long time and he stated they did not have any alternatives if they did not accept this development, except to leave it vacant. He stated he did not want to see this land remain vacant. He stated this was a gateway comer and he wanted to see more buffering from the north and east. He stated he wanted to see more trees planted along both borders, He expressed concern that if they did not approve this, the land would remain vacant and this would not be a good situation for the City. Commissioner Lemberg suggested they push the building farther south and west, which would allow for additional landscaping. Mr. Nelson replied there was a possibility of moving the building four feet further to the south, depending on what they discovered with the soil. With respect to moving it farther to the west, they needed that space to meet the parking requirements and to buffer the parking area. He stated they had spent a lot of money looking at many different designs and this was a compromise that seemed to work well for the site. Commissioner Zimmerman stated even though this was a PUD, the basic underlying district was a neighborhood business district and stated they needed to try to make their developments as consistent and fair to the neighborhood as possible following the Ordinances. He expressed concern about the buffer zone. The motion failed 2-4 (Ayes: Commissioners Ricke and Smithknecht. Commissioners Lemberg, Bezdicek, Zimmerman and Chair Sand.) Nays: Commissioner Zimmerman moved, seconded by Commissioner Lemberg, to approve Planning Case #02-20, Aaron S, Nelson, 3475 Siems Court, Planned Unit Development Amendment with following recommendations: , . , . . . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 4, 2002 9 l, On-street parking not be allowed and be removed from plan, 2, The Developer work with City staff regarding the requirements of the neighborhood business district to come to a development resolution that takes into consideration the neighborhood business district requirements understanding this is a PUD, but that they pay special attention to the buffer zone specifically on the north and the east side of the property, and they try to meet the full intent of the buffer zone requirements to separate the buffer from the neighborhood. Mr. Parrish asked if they were looking to address the landscaping issues, or relocate the building. Commissioner Zimmerman replied they wanted a combination of the two. Chair Sand replied he wanted to see continuous screening with no breaks. The motion carried 4-2, (Ayes: Commissioners Bezdicek, Zimmerman, Lemberg, and Chair Sand. Nays: Commissioners Ricke and Smithknecht), Chair Sand recessed the meeting at 9:23 p.m. and reconvened the meeting at 9:32 p.m, PUBLIC HEARING - PLANNING CASE #02-22 -ARDEN TOWERS. 1777 GATEWAY BOULEVARD. AMENDED SPECIAL USE PERMIT Chair Sand opened the public hearing at 9:32 p.m, Staff reviewed their report dated August 28, 2002. Staff recommended approval of the Amended Special Use Permit. Commissioner Zimmerman asked what happened when the tower reached the end of its useful life, Mr. Parrish replied there were specific requirements as to how non- conforming uses could be maintained on the property. He stated at this particular time the tower was the principal use of the property, but when it reached the end of its useful life, it would not be allowed to be reconstructed. Commissioner Zimmerman clarified that if this tower became unsafe at some point, it would not be replaced. Mr. Parrish replied that was correct, it would be a nonconforming structure. Chair Sand noted there was a typo in Paragraph 3(b) to reflect today's date. Commissioner Zimmerman noted they needed to reinforce the fact that all antennas were required to have building permits, He asked if any more antennas would be allowed on the tower. Mr. Parrish replied there would be no more antennas allowed, but they could rearrange the existing antennas if they wanted. He stated the Commission could make a recommendation that that all future antennas needed a building permit. Applicant did not wish to make a comment. Chair Sand closed the public hearing at 9:47 p,m. Alv1ERICAN LINDEN - Tilia americana Page 1 of2 , , , , Outstanding Features: AMERICAN LINDEN . Tilia americana Large tree with nice form. WelI adapted to the climate of much of the upper midwest. Description: Height: 50-75' Width: 25-40' Hardiness Zone: 3a American Linden or Basswood is an excelIent landscape tree for large scale sites, It is a large tree with an oval to rounded crown, The rounded leaves are quite large, reaching 4-6" in both length and width. Fall color is pale yelIow, The smalI yelIowish flowers open in June and are very fragrant; they are a favorite source of nectar for honey bees. American Linden is native throughout the upper midwest. Requirements and Culture: Lindens prefer a rich, welI drained soil with ample moisture but are fairly tolerant to a broad range of . soil conditions. Full sun or partial shade. Tolerates clay soils better than many tree species. Removal of suckers from the base ofthe trunk may be required, Limitations: No serious insect or disease problems in the upper midwest but are quite susceptible to the Japanese beetle where it occurs. Susceptible to leaf scorch in dry urban sites. Selected Cultivars: 'Redmond' - has an excelIent pyramidal form. Twigs of current season's growth are reddish, Often listed as a cultivar of T x euchlora, It is questionable as to species origin. Probably a hybrid, 'Fastigiata' - is a very attractive tree with a narrow pyramidal crown. Photo Credit: 1 & 2 MLA. Minnesota Power I University of Minnesota I Northern States Power Company . http://www.mpelectric.com/treebook/fact11 I.html 9/2512002 . . . AMERICAN LINDEN - Tilia americana Page 2 of2 , , All rights reserved. No part ofthis publication may be reproduced, in any form or by any means, without writteu permission. http://www.mpelectric.comltreebook/factlll.html 9/2512002 AMERICAN ARBORVITAE - Thuja occidentalis Page 1 of2 , , Outstanding Features: AMERICAN ARBORVITAE · Thuja occidentalis Winter color in the landscape, good plant habit Description: Height: 15-25' Width: 6-20' Hardiness Zone: 3a American Arborvitae is a dense, pyramidal evergreen tree that is native in moist sites in North America from Minnesota east Main trunk often divides into several leaders, The branches with scale-like foliage are displayed in horizontal sprays, Fruit is a small (3/8") light brown cone, Native trees will get much larger than size listed above, Selected compact cuItivars are usually planted in the landscape, Requirements and Culture: Needs a moist rich soil, somewhat tolerant to wet soils, Will tolerate light shade but will be more open . in growth habit. Can be sheared readily. Limitations: Very susceptible to deer browsing in winter, Foliage of the species can turn an unattractive yellow- brown in winter. Cultivars have been selected that maintain a better winter color. Selected Cultivars: 'Brandon' - has spire like growth with medium green foliage, Quite resistant to winter browning, 'Emerald'- compact pyramidal form to 15'. Retains green color in winter. 'Fastigiata'- has a narrow columnar growth habit. Foliage color is medium green. 'Hetz Wintergreen' - narrow columnar form with dark green foliage. Develops a strong central leader and therefore it resists damage from accumulation of ice or snow. 'Techny'- has dark green foliage and a broad pyrimidal habit. Smaller growing than the species. Maintains good winter color. 'Wareana' - extremely winter hardy cuItivar with thick, leathery green foliage, tinged blue. . Photo Credit: 1 Bailey Nurseries, Ine,; 2 & 3 MLA. Photo 1 is 'Pete's Colnnmar' 2 is 'Teehny'. http://www.mpelectric.com/treebooklfact110.html 9/25/2002 . . . AMERICAN ARBORVITAE - Thuja occidentalis Page 2 of2 Minnes_Qta Power I University of Minnesota I Northern States Power Company All rights reserved, No part ofthis publication may be reproduced, in any form or by any means, without written permission, http://www.mpelectric.comltreebooklfactIIO.html 9/25/2002 , . , . . . ~ EN HILLS FilE COpy MEMORANDUM DATE: Agenda Item 3. B August 27, 2002 TO: Planning Commission Aaron Parrish - Community Services Director jIf FROM: SUBJECT: Planning Case #02-20, Aaron Nelson, Master and Final Plan PUD Amendment, County Road D and Cleveland Avenue ENCLOSURES: 1. Location Map 2. Letter from Applicant 3, Plan Set Provided by Applicant 4, December 5, 2002 Memo to City Council (Includes Previous Plan Set) ReQuest The applicant is requesting an amendment to a previously approved Master and Final Planned Unit Development to construct an office building at the corner of County Road D and Cleveland Avenue. Overview Surrounding Area Direction Future Land Use Plan Zonina Existina Land Use North Low Density Residential R-1 Residential East Low Densitv Residential R-1 Residential South N/A NIA Office (Roseville) West (New N/A N/A Ken's Market I Office Briohton .' , . . . . Page 2 August 27, 2002 Planning Case #02-20 Site Data Future Land Use Plan: Neiqhborhood Business Existinq Land Use: Vacant Zonina: Neiahborhood Business Size: ,74 acres Topography: Relatively flat Background As the Commission may recall, last December the City Council approved a Master and Final Plan PUD for an office building at the corner of County Road D and Cleveland Avenue, The approval was subject to the following conditions: 1. Access ramp on the east side of the building use concrete pavers and have a surmountable curb, without an apron for the curb cut treatment, and not be utilized for a public access. 2, The 6 parking stalls on the southwest corner of the property be designated for compact cars only, 3, A masonry trash enclosure be provided, 4, Decorative lighting as approved by City staff replace the current shoebox light fixtures contemplated in the site plan. 5, Two freestanding signs not to exceed 60 total square feet be allowed on the property, The signs be placed so that a clear vision triangle is maintained, 6. A detailed utility plan be submitted to the City Engineer for his approval. 7, A revised grading and drainage plan responsive to the issues outlined in the November 29, 2001 Memo from City Engineer be submitted to the City Engineer for his approval. 8, A 6 foot wide bituminous trail be placed along the public right-of-way on Cleveland Avenue and County Road D, 9, The applicant provide a sign easement for gateway signage near the intersection of County Road D and Cleveland with an area, dimension, and at a location approved by City staff, 10,A bicycle rack be provided in an area that is convenient to the main entryway into the building. 11. The applicant submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 12,A PUD Permit be approved by the City Council prior to the issuance of a building permit. 13, The applicant obtains all necessary permits from the Rice Creek Water Shed District and Ramsey County. 14. Compliance with the applicable provisions of the Zoning Ordinance . . . Page 3 August 27, 2002 Planning Case #02-20 See the attached memo provided to the City Council in conjunction with the original request for additional information, Subsequent to this approval, the applicant has identified several changes to the previous proposal for the Commission's consideration. PUD Amendments See the attached narrative statement from the applicant outlining the PUD Amendments being requested, Generally speaking, they can be broken down into the following areas: Footprint The applicant is requesting that the footprint of the building be revised from 6,264 square feet down to 5,458 square feet. The depth has been reduced while the width has slightly increased, This change keeps the building within the applicable setbacks, The overall building square footage has increased from 8900 square feet to 10,279 square with the expansion of the partial second story. This is discussed further below, Parking The Zoning Ordinance requires 1 parking space for every 250 square feet of gross floor area, With 10,279 gross square feet of office being proposed in the amendment, it is necessary to provide 41 spaces to meet the code requirement. The applicant is proposing 45 total spaces, The following table summarizes the provision of parking on the site: Pro osed Parkin 45 S aces In addition, the site plan reflects the applicants desire to have on-street parking on Cleveland Avenue and County Road 0, These spaces are located within Ramsey County right-of-way. However, it appears as if Ramsey County defers to municipalities on this issue, From staffs perspective, while it may be appropriate to have on street parking in certain areas, this particular area would appear to be problematic for two reasons, First, all of the stalls are proximate to a four way signalized intersection, Second, the right-of-way provides an additional green buffer around the property to compensate for the reduced parking setbacks along Cleveland and County Road 0 (generally 16 feet where 20 feet is required), Building Design . . . , , Page 4 August 27, 2002 Planning Case #02-20 While the overall site plan has not changed a great deal, the original design of the building has changed significantly with the expansion of the partial second story to a full two story. In particular, the Commission will note the following: o Since the second story is no longer setback, the entrance canopy has been reduced in height, size, and design, o A deck area has been added at each comer. o The building materials are proposed to remain the same, Stone or brick would be utilized or the base and columns while stucco would be the primary material. For reference, the Neighborhood Business District requires the following with regard to building design: o Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design, The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. o Sloped Roofs shall be utilized on all principal and accessory structures, Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods, o Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. As discussed during the original approval, stucco is not one of the allowable building materials within the Neighborhood Business District. At the time, it was pointed out that brick or stone could not be used as the primary building material because it would be difficult to support it structurally on the partial second story, Since the building is now being proposed as a full two story, the Commission may want to evaluate whether brick or stone would be more appropriate as the primary building material. Deadline for AQencv Actions The City of Arden Hills received the completed application for this request on August 6, 2002. Pursuant to Minnesota State Statue, the City must act on this request by October 5th, 2002 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period, The City may with the petitioners consent extend the review period beyond the 120 days. Options 1, 2. Recommend approval as submitted, Recommend approval with conditions. . . . Page 5 August 27, 2002 Planning Case #02-20 3. Recommend denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request", 4, Table for additional information, Staff Recommendation In Planning Case #02-20, staff recommends that the proposed Master and Final Plan Planned Unit Development amendments be approved with the following conditions: 1, The on street parking outlined on the revised site plan be removed. If the Planning Commission makes a recommendation on this Planning Case, then it would be heard at the Monday, September 30, 2002 regular meeting of the City Council. , ' . ~ Q) Q) LL 0 0 Q) 0 C: ~ ::J (fJ - 0 ~ 0 Z 0 '" 0 I.() :2 Q) ~ 0 0 z "'0 co 0 0 c:: >- C :J 0 0 0 I.() 0 c: o .- a.. ~'" o:E --I ~ z U') ~ . . " . - . e ~'1. DESCRIPTION OF AMENDMENTS TO PROPOSED BillLDING LOCATED AT 3130 NO. CLEVELAND AVENUE L The proposed building as revised contains a partial two story office building designed in the Prairie style with low pitched hip roof to be consistent and compatible with the neighborhood. Exterior building materials will remain the same (stone or brick and stucco). Entrance canopy has been reduced in height and size. 2" The building has been partially redesigned to address some issues which came up during leasing and discussion with contractors. The purpose and intent is to make the space on the second floor more flexible for leasing purposes, 3" The size of the building has been changed slightly and the actual foot print has been reduced from 6,264 square feet down to 5,458 square feet, The depth has been reduced from 66 feet to 54 feet and the width has been increased slightly from 96 feet to 102 feet. 4. Overall height of the building as shown on the plans will be lower due to the narrowing of the building. It is anticipated that due to changes in the location of the north stairwell (fire exit) and the elimination of the structural components for the prior partial second floor and suggested changes in the thickness of the 151 floor precast concrete, the height will more than likely decrease even further from what is shown, 5, Basement floor will continue to be at the same elevation (i.e, 909 feet). The configuration and planned use of the basement space will not change except for the location of the stairwel L 6. Parking will continue to be located on West side of building. The entrance to the parking lot is being moved further to the east which will provide more space between the comer and the entrance which will make the Ramsey County traffic engineers pleased, Parking has been increased from 36 stalls to 45 stalls to meet anticipated tenant needs based on our preliminary discussion with prospective tenants. (Note - Although there is no current on street parking, the site plan reflects on street parking adjacent to the development on both Cleveland Avenue and on County Road "D," The width of the boulevard would allow for parking even with a 6 foot walkway which is shown. County engineers have indicated that this is a municipal issue and that they abide by the city's wishes. I would like to see a preliminary approval for on street parking in the areas shown if and when County Road "D" is upgraded between Cleveland and Fairview.) 7" The proposed grading plan will not be altered. The same basic drainage plan will be used. The current plan is that the direction of the flow of the water for the property will not be altered from the prior approved plan as amended" 'l . . . ., , . 8. The overall landscape plan will not be changed except for two minor changes, The two trees which we planned to place in the island will not be able to he planted in the island due to its current size. 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I pll...<Il ~I~i "I ;n $ ~ JI m r- m ~ -i o Z I I [)F==== 'I :1 " II II II II II 'I II II 'I " II II 'I II II II II 'I 'I II " II 'I II II II II 'I II 'I II II II II II 'I II ,I 'I 'I [l==== , I ~~~ 'I m . f_ , . : , . , ~ ~~HILLS fILE COpy CITY OF ARDEN HILLS MEMORANDUM DATE: December 5, 2001 TO: Honorable Mayor and City Council FROM: Aaron Parrish, City Planner SUBJECT: Case #01-30: . Master Plan POD Approval; and . Final POD/Site Plan Approval Aaron Nelson Property Located at County Road D and Cleveland ~ Request The applicant is requesting the following actions to facilitate the construction of a 8900 square foot office building: 1..- t!ll' 1. Master Plan POD Approval 2, Final Plan POD/Site Plan Approval Overview The applicant is requesting the actions referenced above to facilitate the construction of an 8900 square feet neighborhood office building. This project previously went through a concept POD review in 1999, and represents the first project to be evaluated utilizing the Neighborhood Business Zoning District standards. The property was formerly a gas station. Copies of the site plan were distributed to neighborhood block coordinators in the area, Please see the attached narrative statement submitted by the applicant for additional information. The following highlights information pertinent to the site. Surrounding Area Direction Future Land Use Plan Zoninf! Existing Land Use North Low Density Residential R-I Residential East Low Density Residential R-l Residential South N/A N/A Office , , . Memo to Plaruring Commission Planning Case #01-30 Page 2 of8 (~) N/A N/A Ken's Market I Office Site Data Future Land Use Plan: Neighborhood Business Existing Land Use: Vacant . Zoninf!: Neighborhood Business Size: ,74 acres Topowaphy: Relatively flat Master and Final Planned Unit Development . According to the Zoning Ordinance, "the 'PUD' District promotes the development of land in a unified manner by treating the entire development as a single entity. . .," Since this project went through a concept review process in 1999, the applicant has elected to have both the Master and Final PUD considered concurrently, Generally, the purposes ofthe Neighborhood Business District are: C) a. To be located at the edge of residential neighborhoods. b. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the adjacent residents, c. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses, d. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. e. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another. f. To ensure adequate butTering is provided on these sites for the adjacent residential uses_ g. To require, where applicable, compliance with the City's gateway reqnirements. The following provides an evaluation of site plan and related requirements based on the attached plan set: 1. Lot Area, Size and Setbacks -All Code Requirements Met . As the sile data in the overview section indicates, the property is .74 acres, or 32,234 square feet. The Neighborhood Business Zoning District requires a miuimum lot area of 13,000 (J 2 (e ce c. , , Memo to Planning Commission Planning Case #01-30 Page 3 of8 square feet for non-residential uses, The following table highlights the setback requirements: Minimum BuUdini' Setbacks Reouired ProDosed at Shortest Poiut Front Yard 20 Feet 129 Feet Rear Yard 20 Feet 30 Feet Side Yard -Interior 5 Feet 20 Feet Side Yard -Corner 20 Feet 30 Feet . 2. Lot Coverage - Code Requirement Met The Neighborhood Business District requires that no more than 35% of the lot be covered by structure, The proposed building footprint is 6,254 square feet, while the parcel is 32,234 square feet. This results in 19 percent of the lot being covered by structure, or approximately half ofthe code maximum. 3. Floor Area Ratio - Code Requirement Met The floor area ratio is obtained by dividing the sum of a buildings floor area by the amount of the lot area_ The floor area ratio cannot exceed 0.7 for the Neighborhood Business District The FAR for this project is 028, much less than the maximum permitted. 4. Landscape Lot Area - Code Requirement Met The minimum amount oflandscape area for the Neighborhood Business District is 35% ofthe lot area. The proposal shows 14,400 square feet oflandscape area of the total lot area of32,234 square feet or 45%. A detailed landscape plan is also included in the plan set. Under the City's landscape plan design requirements, 28 caliper inches of landscaping is required. The applicant has exceeded this requirement by proposing 143 caliper inches oftft~es. The applicant also meets the requirements of caliper inches relative to building height. 5. Height - Meets Code Requirement The maximum huilding height allowed in the Neighborhood Business District is 35 feet The proposed elevations show a building height of 30 feet when measured from the first floor. 6. Parking. ~ Slight Deviation from Requirements The Zoning Ordinance requires 1 parking space for every 250 square feet of gross floor area. 3 . . . Memo to Planning Commission Planning Case #01-30 Page 4 of8 C) With 8900 gross square feetof office being proposed, it is necessary to provide 36 spaces to meet the code requirement. The applicant is proposing 36 total spaces. The following table summarizes the provision of parking on the site: Code Re uirement 36 S aces Pro osed Parkin 36 S aces In addition, the Zoning Ordinance requires that the spaces be not less than 9 feet by 18 feet in size. As the site plan indicates, the applicant is proposing the 6 stalls in the southwest corner of the property be 9 feet by 16 feet. These stalls will be designated for compact cars only. Parking setback requirements are highlighted below: Minimum Parkin!!: Setbacks Required Proposed at Shortest Point Parking ROW 20 Feet County D: 17 Feet Cleveland: 18 Feet Parking Side and Rear 5 Feet 14 Feet As the table above indicates, the proposed parking setback from the County Road D and Cleveland Avenue right-of-way is slightly less than the reqnired 20 feet, Since this is a POO, a deviation from the code requirement is permissible without granting a variance_ The entire parking area will be curbed, surfaced and striped in accordance with City design standards. o 7. Access and Circulation, - Meets Code Requirement Access to the property is proposed from Cleveland Avenue and County Road D. The access to the public street is proposed to be 24 feet wide. A permit from Ramsey County would need to be obtained for the curb cut. Their minimwn requirement is typically 26 feet. Based on the City's zoning code requirements, both of the accesses are located a sufficient distance from the intersection. The Fire Inspector has reviewed the plans and is satisfied with the access and circulation ofthe property. 8. Screening - Meets Code Requirement Significant landscaping is proposed to screen both the parking on site and adjacent properties. Board on Board fencing is proposed for screening the residential properties on the north, while substantial landscaping, including three 16' high spruce trees, and two large sugar maples are proposed to screen the residential property on the east.. A wall of approximately twenty-seven 6 foOfhigh coniferous trees will also provide screening to these properties. (J While the above does provide a high level of screening, the neighborhood business district also 4 (~ ~ (- Memo to Planning Commission Planning Case #01-30 Page 5 of8 requires that 30 foot buffer yards be maintained adjacent to all residential uses "such that the use is effectively screened from the adjacent residences," The required buffer yard is substantially maintained on the east side ofthe property_ On the northern part of the property, a 14 foot buffer yard is provided. However, this would seemingly be an acceptable deviation given the landscaping and fencing provided. Since this is a PUD, deviation from certain requirements is permissible. A trash enclosure is proposed for the property. Based on the requirements of the neighborhood business district, it must be a masonry enclosure. 9. Lighting ~ Meets Code Requirements Lighting is identified on the site plan. A photometric was not provided, but this will be detailed in the architectural package, The Zoning Ordinance requires that all lighting be directed away from adjoining lots or public streets and must be hooded so that light is only directed onto the subject property, Additional neighborhood business requirements include the following: . Lighting is not permitted to wash the building. Accent lighting delineating the main entrance to the building is permissible, . . Security and parking lot lighting shall be on pedestals not to exceed 14 feet in height. Two 14 foot high shoebox style lights are contemplated on the landscape island. Given the requirements of the neighborhood business district, the lighting provided should go beyond standard shoebox lighting contemplated in the site plan. A condition requiring decorative lights as approved by City staff has been incorporated into the recommendatioIL 10. Signage ~ Exceeds Code Requirement The newly revised sign code allows for 60 square feet of freestanding signage. Additionally, the sign ordinance only allows for one freestanding sign per property, The proposed site plan contemplates two 50 square foot monwnent signs adjacent to each of the accesses. After discussion with the applicant, he indicated that he would like to revise the proposal to include two 30 square foot signs. Since the property has access to two public streets, the revised request would seemingly be reasonable. The signs should be located to maintain a clear vision triangle. 11. Grading and Utilities. Requires Revision based on Evaluation by City Engineer The property would be serviced by existing utilities (sewer, water, gas, electric, and telephone). Please see the November 29, 2001 Memo from the City Engineer regarding other issues surrounding drainage and utilities. Master and Final PUD approval should be conditioned on 5 . . . , . Memo to Planning Commission Planning Case #01-30 Page 6 of8 () approval of a detailed utility plan by the City Engineer. A revised grading and drainage plan addressing the issues in the City Engineer's memo will also need to be submitted and approved by the City Engineer. Silt fencing will be placed around the property during construction. 12. Aesthetics A colored building elevation will be provided at the meeting for your review, The neighborhood business district requires the following with regard to building exteriors: . Accomplishing the slated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district, . Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adjacent residential neighborhoods. . Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. o In the applicant's..project description, he indicates that the building will be a combination of stone or brick and stucco_ The stone or brick element would meet the Neighborhood Business District criteria. However, stucco would be the primary building material_ Since stucco is a plaster based building material, this does not appear to meet the specific criteria, However, given configuration of the building, brick or stone may not be a viable option. Accordingly, stucco would seem to be an appropriate substitute materiaL 13. Additional Neighborhood Business Requirements . The Neighborhood Business District requires that sidewalks be put in place along public rights of way, An existing bituminous trail currently runs North/South on Cleveland Avenue. There is currently no sidewalk running EastIWest on County Road D. According the Park and Recreation Director, this is a planned trail connection. The applicant should install a publicly dedicated trail adjacent to the right-of-way on County Road D, and replace the existing trail on Cleveland, Both should be at least 6 feet wide and interconnect at the intersection_ . This area is designated as a community "Gateway" to the City of Arden Hills_ The applicant has agreed to provide and easement at the intersection of County Road D and Cleveland for. Gateway signage purposes. o 6 (~ - . Memo to Planning Commission Planning Case #01-30 Page 7 of 8 . The Neighborhood Business District requires that "Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building." Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on November 6, 2001. Pursuant to Minnesota State Statue, the City must act on this request by January 5,2001 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners consent extend the review period beyond the 120 days. Options 1. 2, 3. Recommend approval as submitted. Recommend approval with conditions, Recommend denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time that it denies the request". Table for additional information. ~ 4. Planninl! Commission Recommendation (- In Planning Case #01-22, the Planning Commission recommends that the Master Plan Planned Unit Development, and Final Planned Unit Development I Site Plan review be approved with the foDowing conditions: I, Access ramp on the east side of the building use concrete paver and have a surmountable curb, without an apron for the curb cut trea1ment, and not be utilized for a public access, 2, The 6 parking stalls on the southwest comer of the property be designated for compact cars only. 3. A masonry trash enclosure be provided. 4. Decorative lighting as approved by City staff replace the current shoebox light fixtures contemplated in the site plan. 5. Two freestanding signs not to exceed 60 total square feet be allowed on the property_ The signs be placed so that a clear vision triangle is maintained, 6. A detailed utility plan be submitted to the City Engineer for his approval. 7. A revised grading and drainage plan responsive to the issues outlined in the November 29, 200 I Memo from City Engineer be submitted to the City Engineer for his approval. 8. A 6 foot wide bituminous trail be placed along the public right-of-way on Cleveland Avenue and County Road D. 9. The applicant provide a sign easement for gateway signage near the intersection of County Road D and Cleveland with an area, dimension, and at a location approved by City staff 10, A bicycle rack be provided in an area that is convenient to the main entryway into the building. 7 . , . Memo to Planning Commission Planning Case #01-30 Page 8 of8 II. The applicant submit a landscape performance bond or other surety for 125% of the cost of materials and installation valid one full year from the date of installation prior to the issuance of a building permit. 12, A PUD Permit be approved by the City Council prior to the issuance of a building permit. 13. The applicant obtains all necessary permits from the Rice Creek Water Shed District and Ramsey County; 14. Compliance with the applicable provisions of the Zoning Ordinance Attachments L Location Map 2, Applicants Project Description 3, Plan Set 4. Letter from Arborist regarding existing vegetation on property 5, November 29,2001 Memo from City Engineer_ 6. December 4, 200 1 Memo from Ramsey County Traffic Engineer Dan Soler . 7. December 1,2001 Memo from Applicant's Engineer. . 8 () o o t I 'I I I (5 II z III 2 I .. . iD - 0 III Z .. - CI1 I 1111 · :E I "! e I I I I~ II ... . "'": I ~ I. e I ......l :J I. I i e .-- I .... i.Je.laA ci / - :>. ot:: CD CD ''='' 0- .00 :J.... a. (/)0.. 8 c: 0 8 '1 u.l 0 ..... <: 0 0 ~ ] a. A 4; ..- z ~ CO Ol <: .2;- Z U) ~ <: e <: ~ :J ;: 8 ~ <: Clll a:: '0 <: ~ 0 <lJ '0 <: <lJ -' Gi ~ (3 ;J(f//CP7J- ,/ !,c /( U-L5C-,--''; :I DESCRIPTION OF PROJECT FOR 3130 NO. CLEVELAND AVENUE The project consists of construction of a one and one-half (1-1j2) story office building on the vacant lot located on the northeast corner of County Road "D" and Cleveland Avenue. The lot (146.67' x 225') consists of .758 acres (33,000 s.f.) of land. Ramsey County recently upgraded this ihtersection by widening the adjacent streets alongside most of the property. The building has been designed in the prairie style. It will have a foot print of 6,264 total square feet, The building will have a low pitched hip roof to be consistent and compatihle with the adjacent residential neighborhood. The exterior will be -jt a combination of stone or brick and stucco. The building will contain approximately 8,900 scf. of office space. It will have offices on the main floor and the partial second floor. The basement area will be used for storage and mechanical equipment. The building is designed to be flexible to meet the needs of businesses that need smaller office spaces. The main floor will accommodate up to 4 individual tenants and the second floor has been designed to be used by 1 or 2 tenants. Setbacks, landscaping and parking have been placed to minimize impact on the adjacent residential neighborhood as determined in the concept PUD approved on August 30, 1999. ~ Dlair\Descript.Prj o o o . ~Cf.) ~~ Q-C ~ Z z o ::D -I :r: . ,~ '''. CLEVELAND ~ ,. \6'.6" Ihl",011 22'.12)' 181..011 18'.12)" 24'.12)" lel-"''' 14'_011 .. .. .. .. .. eo O. r( . lI' ~ m(- " C5' , I . I I ~~AA~ . !.-- - \lir- 0 ~ ill~ . 0> U> , :a~ '11 ~~ ....(f> 1>- - -.... ~m '" (l' C5' (To z- 1 o.....~ 0 0> ~ eI: , ~ ~ ~ 0> S!~'O j;! i ~ ~ '-- 1> r- --..-.'.--.. -~ r- r- r- r 0> 0 0> (f> j( ) ~~ .. .. l;"''''lO: .. .... - ~;!; <'! <'! ~~ G <'! '---"--" - , , , r-.F G 0 G . ~ . . ~~ . ~.~ " " " . <JI <JI <JI r .", .", ! .", ~~ --,. ....-.-, ......,,-...". 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" ~ ~~ 2~ ~ ~ ~~ S 2 2 ~~:~~ i m~~UI!~~ ~ ;~ ~!~ > ~ ~~ih~~o ~j ~ ~~~I~ ~ ~~~~~~~~~~~ !I h! ~ ~~~!liU~ h '~l! ~ - ~.~~~~~~ ~ ~h;~ h~~i~~ij ~i ~~~!i U~~~ih~ ~q ~h ~~ ~ ~~:j'~ h ~i~8~ h ~~~"~U~ ~~p~ ~7 !~~~~~ ~~ ~~ ~ ~ ; i ~~~e~~ ~~ ~.h~ r ~~-U~~' ~" "r8~0- s~ ~.~ ~ i~;~'~ ~~ ~a .~ .~~~~~~ ~ ~ h~~ g!~ ~ ~- ~t. ~ 8 ~ .. e.y..Vl~ () ... .~ ~ pp ; ~ S " . :~ e ~~ i a , II I I ! I j I' I I ~I I . I ' · I · · I ! ,~. , j . I I ~ ~ .. ~ · · , I I I I I I I f;; nnunnnUUUUUU~ nunqp ~nnqnp~ n~~!~ ~!~~2~~~!~a~ Un~ ~ S ~ n~ ., . - , " .,,_....,',,'.,""-'..~ v \ . . \ - , . . (- ~ ~~ " 30' . NORTH ELEVATION '1116" 4/12 ~ 'STUCCO' -, C\.AD WOOD WINDOWS SOUTH ELEVATION -1/16" :J. ..~ I... _ no- uti . WEST ELEVATION 11/16" NELSON. PROFFESIONAL OFFICE. BUILDING ARDEN HILLS, MN. ;!'w- CLAD WOOD WINDOWS TUCCO STUCCO, , , . . .. j- jt ~,. A~....T..~'l~r~, . 81"111" iJtj, Rainbow lfeecore ) Aaron S. Nelson 3475 Siems Ct AIden Hills, MN, 55112 Seplember 28, 2000 , Mr, Nelson, On September 25, 2000.1 inspedetl the lot at 3130 Cleveland Avenue North, Arden Hills, At the North end of the lot along the fence and d.itch, there are several mature Siberian Elms_ These elms are growing in and tluough the fence and are in potential danger of falling apart (due to the internal decay). They are also a hazard because many of these elms don't have any suppOrt roots along the concrete edge of the ditch. The r~Il\.inill:str~CS on the propeny are Boxelder, Siberian Elm, and Willow, They are either young (weedy) or over grown and are a haz~rd. They have not been maintained at all as far I can tell, These trees are considered weed trees (volunteer trees), o In my professional opinion,lhe safety and future aesthetic value ohhe property demands an entire renovation of plant material. I am reconunending several replacement options, These lrees include River Birch, Thornless Honeylocust, American Linden, and Austrian . Pine, These trees are fairly f~st gr6wing and can grow well in the most soils, These new trees can then be'strategically placed for the mallimum benefit of shade, visual and sound barrier from the !!xisting surroundings. Pkase conlact ill!! 'with questions.or conCEmlS'at 952-252-0526. Sincere Iy , .i!~b.C4~i Amy D. Caldwell Cerliliecl Arbor;st MN- 01b7' Q Rainbow Tree Company 1239 Edgewood Ave S Minneapoli. MN 55426-2822 Phone: (952)922"3810 (651)251-3810 Fax: (952)252-4720 www.iainbowlreecare.com l'.i>.u,r~",ff.<<;o<.Wl'ftIJ.. . ": '1DJ~29-2001 12:00 ~(. ) ~ -(a ~. ...7 BRW 612 J7J 5525 P,01/01 r URS MEMORANDUM Thrtsher Square. 700 Third Slt~l Soulh MinncMpolillO, MN 55415 Phone: (612) 370-0700 fax: (612) 370-1378 To: Aaron Parrish, Arden Hill City Planner Copy: Greg Brown, URS File: 37951-005-2001 From: Nick Landwer, PE Date: Subject: November 29, 2001 County Road D and Cleveland Avenue Site Plan, Plan Review J have reviewed the site plan for the proposed development on the northeast COmer of the intersection of County Road D and Cleveland Avenue, Following are my comments: I. II appears there could be potential drainage problems with the drainage/grading design. The proposed drainage design has subStanlial amount of site runoff flowing from the driveway entrances into County Road D and Cleveland Avenue, Runoff from the site.into the roadways should be limited by modifying the proposed grade or by adding eatchbasins. There is also a concern of potential flooding of the properties to the north from the site runoff via the ditch on the nonh ~ide of the property, An alternative collection area could be a swale in Ihe boulevard at the intersection corner wilh an oullet piped to the e~isting stonnsewer, The developer should submit existing and proposed drainage calculations for the site runoff to the City Engineer for review. 2. Rice Creek Watershed District will require the developer to apply for a drainage permit and provide for stOllJJwater runoff lrealmcn!, 3, The developer should submit a detailed utility plan, 4. Details are not dear on the heighls of the proposed retaining walls, Some of the taller sections of wall will require safety railings. 5. The proposed area drain in the lower level will be required to drain into the storm drainage system. A detail of the .connection should be included in the utility plan, It appears tbat a sump pump will be required for Ihis drain, This shall not he connected to the sanitary sewer scrVJCC. 6. The ramp on the west side of the proposed building is vcry ste,ep at 12.75%. This ramp should not be used for public access, TOTAL P,Ol .. " . ":PI ~...,......... ,,~................ ........ ..........."........_...._ ~......~'" TO: FROM: ......................... ........ ......'L'........... .................. Department of Public Works Kenneth G. Halder. P,E., Director and County Engineer r--) (j ADMINISTRATIONILAND SURVEY 51) We9l Kellogg Blvd, Suite 910 St. Paul. MN 66102. (661) 266-2600. Fax 266-2616 E-mail: PubUe.Worh@eo.ramsey.mn.u9 ENGINEERINO/OPERATIONS 3371 N. Riee Street Shoreview, MN 66126 (661) 484.9104 . Fax 482.5232 MEMORANDUM Stephen Nelson Dan Sol~o.tI' Ramsey C~;y Public Works SUBJECf: Proposed Site Plan Nelson Professional Building DATE: December 4, 2001 The Ramsey County Public Works Departrnenthas reviewed the l'Ieliminary site plan for development of the site at Cleveland A venue at County Road D in the City of Arden Hills, It is our understanding that you are proposing a two-story office building on that site. Ramsey County has the following comments regarding access and traffic flow for the site plan, . o 1. Both Cleveland A venue and County Road D are county roadways under the jurisdiction of Ramsey County. The traffic count on County Road D is 9450 vehicles per day. The traffic count on Cleveland Avenue is 4400 vehicles per day. These are 2001 traffic counts taleen by Ramsey County Public Works, Additional traffic generated by this develol'ment should not have a detrimental impact on the county road system. 2, Two access points are prol'osed for the site. one on County Road D and one on Cleveland A venue_ The access point on Cleveland A venue should be located as far north on the property as possible and the access on County Road D should be located as far east on the property as possible, This will provide the maximum separation between the driveways and the intersectioJL It is my understanding that the City has requested placement of the building in this configuration in order to provide a buffer to the residential properties to the east Based on the proposed location of the building the access on County Road D is only 95 feet east of Cleveland Avenue. While this is within county standards for driveway placement it will make left turns into and out of the site Mtremely difficult at peak hours of the day. 3. Minimum driveway width is 26 feet on County right of way, The driveway width can narrow down to 24 feet at the property line, . 4. Pennits from Ramsey County will be required for all work in the County right-of-way_ This includes access and utility permilS. CJ ~-W8~H~.B~.~u~ ~lIUoIq~~I&4Pllt*...wr.IIIl/.IIIIUll'I"lox.fG~~GlJIIl.iI'" .. r-. r~. -- " ~ (~ ~' e (v ....._............. ~~ a..................... "V.nn'" "'=JVVV 5, The developer shall protect all in place traffic signal equipment at the intersection of County Road D and Cleveland Avenue, 6, Ramsey County has a project programmed to reconstruct County Road D between Cleveland Avenue and Fairview Avenl1e in 2004, It appears that the proposed development will not be significantly impacted by the reconstruction project based on preliminary scoping of the project, Thanks for the opportunity to make comments regarding this development. If you have any questions or need any additional infonnation please give me a call. Cc: Aaron Parrish - City of Arden Hills " FRO/I. :HALL,ING ENGINEERING III ,-. , . FAX NO, :9524613310 Dec. 05 2001 03:04PM PI .~aU '~) .' ., ~~:erin9 C~ . 3727 255th Street E. + Webster MN 55088 + Phone (952) 461-3320 + Fax (952) 461-3310 . '1: . MEMO To: Nick Landwer, PE AlIl'on Parrish, Arden Hills Cily Planner From: Gregory R. Halling, PE ')jl.~ Date: December 1, 2001 .Re: Co Rd n & Cleveland Ave. Site Plan, Blair Properties Plan Review November 29. 2001 This memo responds to the items brought up in the plan review hy Nick Landwcr. Attached are cidculalions and a copy of the topo showing the property as it Was previously developed, 'fhese calculations show that the existing storm sewer is .ldequate to handle this development. Additional spot elevations on the Cleveland entrance will ensure that surface water is directed to the spillway. Also the driveway has a negligible amount of rtJnoff going directly to County Road D. o 2. Attached is a letter from the Rice Creek WSD showing that no permit is required. _. j, .Utility details will he added to the final plans when a building permit is applied tor and the details whieh have been requested from Nick will be placed on the pl!ms. 4, Retaining walls will be finalized on the final plans and railings will be shown. 5. Filial detllils with a sump pump dmining the exterior ramp at the lower level will direct. the runoff to thc swale on the north. 6, The ramp on the east side of the building will not be used by the public and will only Fc . used oecl1.'lionally by thc owner. o . . . " ' ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 30, 2002 3 5. PUBLIC HEARINGS None, CounCn Meo.ling Excerpt 6. COMMUNITY SERVICES A. PLANNING 1. Planning Case No. 02-20: Aaron Nelson, Master and Final Plan PUD Amendment, County Road D and Cleveland Avenue Mr. Parrish explained the applicant was requesting an amendment to a previously approved Master and Final Planned Unit Development to construct an office building at the corner of County Road D and Cleveland Avenue, He stated the Planning Commission recommended approval with conditions as outlined in the staf:fs report dated September 25,2002. Mayor Probst expressed disappointment that this was back before the Council and stated he was not in SUPPOTt of this proposal. Council Member Grant stated he understood the developer was trying to come up with the best possible development, but the developer should realize they needed to meet the building material standards and stated he was not in support of this design, Council Member Rem agreed with many of the comments made by the Planning Commission, She expressed concerns about screening, She stated she was not in favor of this proposal. Council Member Aplikowski stated the whole scope changed from the first presentation, She indicated the first building seemed a more friendly approach to the neighborhood, and she did not believe this new proposal was as friendly to the neighborhood, She stated she did not agree with the building materials being proposed for this new building, Steve Nelson, stated they made the building larger due to more interest from the tenants, but also because of structural issues, He indicated the footprint was actually smaller, however. He stated part of the problem was the stairwell, He , " ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 30, 2002 4 . indicated there was only one office more on the north side because the stairwell took up a portion of this, He stated they had cut back on the decks, He noted the material they chose was compatible to other buildings in various communities, He stated the actual amount of usable square footage was not that much greater because of the common area, He indicated they had problems with separation for fire purposes, With respect to material, he stated there were many different grades of material and stucco was a very attractive material if done right. With respect to the decks, he anticipated they would not be used on any regular basis, He stated there would be no sliding doors to the decks. With respect to screening, they attempted to provide adequate sCTeening by using spruce trees as well as a fence. He noted coniferous trees would not work where suggested because that was where they intended to pile the snow until it was removed, He noted coniferous trees would die if snow was put along their bottom. He indicated there were problems with the first building proposal with respect to structuring that building, He stated this new building proposal was actually a foot lower than the previous building that was approved, He stated this building would allow leasing of anywhere from 1,000 to 4,000 square feet to the tenants, but the basement would . actually be smaller. He stated this building would be very attractive and they had interest from dentists, accountants, attorneys, as well as other businesses that would service the community, Mark McGuire, 2030 Glen Paul A venue, presented a letter to the Council summing up the views of all of the adjacent neighbors. He stated the following neighbors were opposed to this proposal: Ruth McGuire, 2030 Glen Paul Avenue; Monte and Bonnie Arhard, 2014 Glen Paul Avenue; Don and Melanie Ristow, 2033 County Road D; and Kim Luger, 2026 Glen Paul Avenue, He expressed concern about the zoning of the area and stated they needed to take into consideration what the neighbors wanted, He expressed concern about the buffer yard and the accommodation for parking, He expressed concern about the oversized building on this lot. He stated the building was not attractive, He expressed conceru about the decks intruding on the neighbors' privacy, He expressed concern about the screening. He requested the City enforce the Zoning Ordinances, He expressed concern about their property values, He stated the neighboTs would not be taken advantage of by businesses or anyone else trying to exploit the neighborhood business district zoning ordinances, He stated the neighbors were in support of some type of a development on that property, but . they wanted the City to follow the Zoning Ordinances, He stated the neighbors did not want the proposed building to be oversized. He stated the adjacent homes 1. II ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 30, 2002 5 . were one-story ramblers, He stated they wanted more screening provided, especially if the building was going to be larger. He indicated they wanted the new building to blend in with the surrounding homes and to make sure there was proper landscape screening for adjacent neighbors, He stated there would be very little screening to the north, He indicated the proposed river birch trees provided very little screening in the winter, they were slow growing, and a landscape design engineer, or the Minnesota Horticultural Society did not Tecommend them. He stated pyramidal aTborvitae would provide sCTeening and thrive in moist or wet fertile soil. He noted they wanted the trash moved over to the other side to prevent odors to the adjacent neighbors, He stated Mr. Nelson had not contacted any of the neighbors for their input. He indicated the neighbors felt they had not been told the whole story by the applicant with respect to the fence location and trees not being able to grow along the north property lines. He expressed concern about snow removal on the site. He stated Mr. Nelson had not met the requirements made by the Planning Commission with respect to the landscaping, He stated they needed to do what was right and not be caught up by the promises of a new development. . Kim Luger, 2026 Glen Paul Avenue, expressed disappointment with the original plans that were approved, She stated with the new proposal, there was no buffering and therefore no privacy, She stated she strongly opposed this because of the buffer zone going from 30 to 15 feet. She stated the proposed building would be closer to her property line, She stated she needed more landscaping along her property line, She expressed concern about the decks and balconies and asked why they were needed, She requested no outside decks on the second story. She stated she agreed with all of the concerns raised by Mr. McGuire, She expressed concern about the location of the trash bins, She requested a ten-foot fence, no outside decks, better screening, and relocation of the trash bins, which would maintain the property value of her home, Don Ristow, 2033 County Road D, expressed concern about his privacy, traffic increase, and the location of the proposed ramp to the basement in relation to this home. He expressed concern about the destruction of the existing trees, He expressed concern about the decks on the building, He stated if this would remain a one-story building, they would still be able to retain many of the trees and this . would provide adequate screening, jJ. I ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 30, 2002 6 . Duncan Clyborne, 1850 Glen Paul Avenue, stated he did not believe this development was appropriate for this lot and requested the City follow their zoning ordinances, Mr. Nelson, noted two story homes could be built five feet off the property line, and if they sold this to a developer that built three homes on that lot, those homes would impact the neighbors a lot more than this building proposal. He stated the reason a fence would not work on top of a retaining wall was because they would have no room for snow removal. He noted the decks were intended for visual purposes only, He noted the neighbors knew there would be a commercial development on that lot and this proposal should not come as any surprise to them, He noted the existing neighbors already had buffering because of the location of their garages. Council Member Aplikowski asked what the total height of the building being proposed was, Mr. Nelson replied it would be 33 feet. Council Member Aplikowski asked how high the peaks of the homes in the neighborhood were, Mr. Nelson replied the average height was approximately 20 feet. . Mr. Nelson stated he would be willing to listen to further ideas from the Council and staff. He agreed to table this issue for sixty days, Mr, Filla noted the City could extend the deadline to sixty days only if they noted the reason for the tabling, Mr. Parrish noted the original plan was approved on December 10, 2001 and if nothing was done by that date in 2002, they would need to get an extension to that original request. Council Member Aplikowski stated a business in a neighborhood should be used by the neighbors and she did not believe the neighbors would benefit from the proposed tenants, She asked if the neighbors and the developer could in any way reach any type of a compromise, . . . . 1,- ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 30, 2002 7 Mrs. Osborn, 2020 Glen Paul Avenue, stated her main concern was the loss of her privacy and the drainage problems she would have ifthere was a development on this site, MOTION: Council Member Grant moved and Council Member Aplikowski seconded to table Planning Case No, 02-20: Aaron Nelson, Master and Final Plan PUD Amendment, County Road D and Cleveland Avenue for sixty days, The reason for tabling is to provide the applicant time to work with the residents to address the screening in the neighborhood business district and what screening should be used in this residential neighborhood, The motion carried unanimously (4- 0), 2. Planning Case No. 02-24: Zoning Text Amendment: Trinity Lutheran Church Mr. Parrish explained the applicants were requesting a Zoning Ordinance Amendment that would allow music lessons as an accessory use for houses of worship. He stated currently, the zoning ordinance considered music lessons a studio use, He indicated studio uses were only allowed in the commercial zoning districts, He stated the Planning Commission recommended approval of the proposed ordinance revision, Mayor Probst asked if this was specific to Trinity Lutheran or would it be a global change, Mr. Parrish replied it would apply to all houses of worship, MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve Planning Case No. 02-24: Zoning Text Amendment: Trinity Lutheran Church, The motion carried unanimously (4-0), 3. DRAFT Guidant AUAR Mr. Parrish explained at the September 9,2002 City Council meeting, the Council adopted a resolution diTecting Guidant to prepare an Alternative Urban Areawide Review (AUAR) for their campus master plan, Subsequently, the AUAR document had been developed by SRF and modified based on suggestions from . , ~...If November 11, 2002 An, of Arden Hills ~~;on Parrish Community Services Director 1245 West Lexington Arden Hills, MN 55112 , ~ ;3 2J02 Dear Mr. Parrish, Once again I am writing with more concern in the development of the property on county Rd. 0 and Cleveland. I had received a letter from the city that states that Mr. Nelson was granted additional time, on the additional time that he was given. At the city meeting on September 26, 2002, I was under the impression that Mr. Nelson only had 60 days max. to improve his plans. Once again I was disappointed, Obviously its going to go through no matter what, but again I am deeply concerned about the manipulation Mr, Nelson continues, He. doesn't car~at all aboutthe'surrounding area or the neighbors, As I go through my years of paper work, I am more certain that my accusations are accurate, What will happen when the construction begins and the building is accidentally put even closer to my home? Mr, Nelson says I'm sorry; it was the construction team that made the mistake; Steve gets a small finS, but gets hiS way, That is tM way thiS wholE! project has gone Since day one, The building went from 1 story with basement for file storage, to a 1 story with basement for car and Aat storage, to a 2 story, to a larger 2 story with decks, Mr, Nelson knew what he wanted from ~e get go, was not concerned about the city laws/codes nor the neighborhoods best interest. It was simply a project to make money and get exactly what he wants, I am telling you there will be nothing but problems if this goes through. It is to small of a corner to cram in.a building of this size. There will be complications with traffic and accidents, noise, privacy, and worst of all Steves payoff for his selfishness and greed. Obviously the building got bigger, because he got the tenants 1st, spends a lot of money to make the building bigger and comfortable for his tenants and then expects to get his way from the city, Which he has got his way so far, so why shouldn't he expect that. The city has been changing the laws and codes for him the whole time, The order he has takin has been back- wards the whole time. Don't you talk with the city 1st and get educated about the property's restric- tions, then buy the property if OK, then design the blueprints, then build? Not spend tons of money then go seek for city approval. Then all the neighbors get a surprise letter saying this is what's going to happen now, Recently I was doing fall yard work and seen there were some flags on my property stating this was Mr. Nelson's property line. WRONG, Mr. Nelson is now even trying to claim some of my front yard as his property. Unbelievable! The fence is also my fence. I have taken photographs were these flags were, From the plat view provided by the city of Arden Hills; I had remeasured, (with a witness) my land in my yard. 75 feet total. To my surprise, Steve had mis- measured, and the stakes were removed and put where they belong. On his real property. Photos were than taken again and I put up a sign stating- please stay off my property. The police will be called next time he steps in my yard .,d I will take him to court for trespassing. The fence is mine, This man is out of control. A ruthless, .Ifish, greedy jerk if you would. I am angry. I am also deeply concerned about the pollution that might be underground there, I have 2 kids and one more on the way, Our bedrooms are also closest to Steve's property, . , .. Once again I hope you understand my bitterness, In no way do I wish to direct my anger towards you, I have contacted the Minnesota Pollution Control Agency several months ago and they said they would look deeper into this development. I hadn't heard a word until last week when a Mr. James McCann stopped by from the MPCA. He had a few questions for me, and had stated that . recently he had an employee drive to the property for further investigation. The MPCA employee and Mr, Nelson had an conflict of interest. Mr, McCann stated Mr. Nelson was completely rude, incorporative, and threatened the MPCA employee to remove himself and vehicle from his property or he would have him removed. I told Mr. McCann that I was not surprised by Mr. Nelsons behavior, Once again I appreciate your time. This project has been a real inconvenience for us property owners, The only thing I can see that could work out for the best, is that the city either declines the building totally, or limits Steve to a smaller 1 story building, Mr, Nelson needs to start being honest and start playing by the rules, and not letting his influence of money, power, and his profession push and manipulate the people as well as the city, As you know 1 will be watching this man closely. Mr, McGuire and I, are in the process of looking into negotiable options for us neighbors, and Mr, Nelson. I would like to present this possible option at the next city council meeting, I think our idea could be a beneficial solution for us all. Again I thank you for your time. s;"~~ Do" R",~m;IY (651) 635-9512 . . e . . I September 2002 To whom it may concern, We are writing you concerning the new Neighborhood Business (NB) zoning that was passed by the Cily Council last year. Fourteen properties have been rezoned with this new classification. Over the past several years, these properties have been undeveloped because of the strict zoning guidelines and the size and location of the property to neighborhoods. The City developed the new Neighborhood Business zoning so that these properties could be developed. So far there's only been one approved development under this new NB District zoning. This development will set the precedence for others with this zoning. What the City Council lets this developer get away with will affect many homeowners and neighborhoods in Arden Hills. The property is located on the comer of Cleveland and County Road D. The adjacent neighbors are not happy with the landscaping and size of the building approved by the City Council. It c1ear]y states in the Zoning Ordinances in more than one area that major consideration must be given for the following: 1. Limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. 2. To ensure adequate buffering is used to screen and visually separate: business sites from residential uses; business sites from public streets; and one site from another. 3. Buffer yards 30 feet in width shall be provided adjacent to all residential uses. The buffer yard shall be landscaped with a combination of evergreen trees (six-foot high minimum) and deciduous trees (three-inch caliper minimum) such that the use is effectively screened from the adjacent residences. The buffer yard landscaping shall not be included into the minimum landscaping calculation (Section A, 5, a). In the final building plans, the City Council approved a variance to the 30 foot buffer yard on the north and 10 Ihe east. To the north, the buffer yard will be 14-112 feet to allow for the parking Jot. To the east, they are allowing a turfb]ock driveway access to the basement within the 30 foot buffer yard. The reason why they had to allow a variance for Ihe buffer yard to the north was to accommodate the required parking for the size of the building. In other words, the large size of the building requires special variances in order to accommodate the parking. Another issue that has just arisen is that the developer, Mr. Nelson, is now proposing an amendment to his original plans. The new proposal will change the building from the approved story and a half to two stories (oversized for property). It will increase the square footage by 1300 square feet. The outward appearance of the building has changed to reflect a more commercial appearance (unattractive), and decks will be added to all comers of the upper level (privacy). New street parking is also proposed along Cleveland and County Road D which will affect the flow of traffic and change the landscaping. e We want the Planning Commission and City Council to know that we want them to enforce the requirements of the zoning ordinance. We want them to know that homeowners will not be taken advantage of by businesses or anyone else trying to exploit the new neighborhood business district zoning ordinances. We are concerned about our property values and proper screening as adjacent and close proximity neighbors. In the last approval process, the homeowners felt overwhelmed by the developer who is a lawyer and has the advantage of knowing how to work the law and ordinances to his benefit. Weare asking the city council to help protect us by enforcing the neighborhood business district ordinances. This time, we are using our collective voice to let our elected officials know our concern as neighborhood homeowners. We have also talked with many neighbors who have agreed with us and are willing to support us if this new proposal goes any further. We will not support city council members who do not uphold our zoning ordinances or protect us from developers who have an advantage against us. We see the PUD as a way for developers to get around zoning ordinances, It is a loophole that works in the favor of the businesses. The land was recently rezoned neighborhood business because it was too restrictive. We are concerned the PUD will not take into account the intent of the current zoning. All we ask is that you follow the ordinances set up by Arden Hills. Please require the developers live by the spirit of the wning ordinance. . 1. We do not want the building to be oversized! All the adjacent houses are one story ramblers. The neighborhood business district purpose states in C: To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. 2. We want proper screening! If the building is going to be bigger, the ordinance states in Appendix A that there should be more screening provided. At the last November planning commission meeting, Mr. McGuire explained the difference in elevation between the property being developed and neighboring properties and was assured the existing fence was going to stay were it was. Mr. Nelson changed his mind or was confused as to what was said. He told the city council the fence would go on the property line. This change results in very little screening to the north. 3. We want the new building to blend in with the surrounding homes and make sure there is proper landscape screening for adjacent neighbors. The proposed river birch trees provide very little screening in the winter, grow slowly and were not recommended by a landscape design engineer or the Minnesota horticultural society. However pyramidal arborvitae will provide screening . e . . and thrive in moist to wet fertile soil. This hedge should be a minimum of six feet tall as stated in the zoning ordinances, 4. On street parking will create traffic problems. There is no room for it unless you cut down trees that screen the business across the street. I was told by Aaron Parrish that he does not recommend this. 5. We want the trash moved over to the other side to prevent odors to the adjacent neighbors. This has caused problems in other neighborhood business areas and has had to be moved. Kens Market has their trash facing county road D. 6. Mr. Nelson has not contacted any of us for input. 7. Some of us feel we have not been told the whole story by Mr. Nelson. The fence location. Arborvitae not being able to grow along north property lines. Being told an office complex is better than a fast food restaurant or gas station which is prohibited under the current zoning. 8. If Mr. Nelson has a problem with providing proper landscaping or snow removal he should have read the city ordinances. 9. Mr. Nelson has clearly not met the conditions outlined by the planning commission regarding proper screening. He has replaced a deciduous with another deciduous tree. The leaves will fall in the winter. 10. When we bought this property we asked our real estate agent what could be built next door. We were told very little due to the size of the lot and current zoning regulations. There was a concept PUD submitted but nothing had been approved. If the neighborhood business zoning was upheld Mr. Nelson would only be able to build a one story building due to the parking required. There would also be a thirty foot buffer yard landscaped with six foot tall evergreens screening the property. Furthermore I would not be apposed to him building on the lot ifhe would meet the zoning requirements. II. 11 also states in Appendix A - Landscape plan that a reasonable attempt shall be made to protect and preserve existing trees and incorporate them into the landscape plan. Mr. Nelson has already cleared the lot. There are no plans to even build until summer. I stressed my concerns to Aaron Parrish who passed them on to the city council. Why were are concerns not read or listened to? We are asking you to live by the city ordinances you have set up. These ordinances were set up to protect us from developers like Mr. Nelson. These ordinances if followed would protect our privacy, home values and undue stress. We have put a lot of time inlo trying to find a solution. Please uphold the city ordinances. Thank you so much for your help! ! Mark and Ruth McGuire 2030 Glen Paul Ave (651) 631-2220 Monte and Bonnie Arhart 2014 Glen Paul Ave Don and Melanie Ristow 2033 County road D Kim Luger 2026 GlenPaul Ave Inngard Osborne 2020 GlenPaul Ave Here are applicable excerpts from the Arden Hills City Code of Ordinances-Zoning Ordinances, This document can be found at the following web site: httD:ifwww,ciaraer" hill~. mn. usiDocumentsfCjty Codeimain.l1tm_ Section 5: District Provisions D_ Purpose of Districts 5. NB Neighborhood Business a. To be located at the edge of residential neighborhoods b. To provide a limited range of over-the-counter, convenience, retail and service uses to accommodate the needs of the adjacent residents_ c_ To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses_ d. To place emphasis on convenience for pedestrian, bicycle, and public transportations access to the use. e_ To accommodate where possible a public commons giving residents a place to gather and interact with one another. f To ensure adequate buffering is provided on these sites for the adjacenl residential uses. g, To require, where applicable, compliance with the City's gateway requirements. Section 5: H Special Requirements for the Neighborhood Business (NB) District. 5. Building Exteriors, Site Features and Site Development , . e . . . . Accomplishing the stated purpose of the NB District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. The City Council will make the final determination on the compatibility and consistency with this provision. a. Landscaping for the site shall comply with Appendix A of the Zoning Ordinance. In addition to Appendix A landscaping shall be provided at the rate of three caliper inches per 40 feet of public street frontage. b. Buffer yards 30 feet in width shall be provide adjacent to all residential uses. The buffer yard shall be landscaped with a combination of evergreen trees (six-foot high minimum) and deciduous trees (three-inch caliper minimum) such that the use is effectively screened from the adjacent residences. The buffer yard landscaping shall not be included into the minimum landscaping calculation (Section A, 5, a). . c. Hours of Operation shall be prohibited between the hours of 11 :00 p.m. to 6:00 a.m. All deliveries and loading shall be done during normal hours of operation. d. Sloped Roofs shall be utilized on all principal and accessory structures. Roofing materials and design shall be consistent with those found in the adjacenl residential neighborhoods. e. Exterior Materials shall include only face brick, stone, glass, or natural wood products. All walls shall be treated with the same exterior materials. f Lighting shall adhere to the requirements of Section VI, E, 3, of the Zoning Ordinance. Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed 14 feet in height. g. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure. h. Vending Machines shall be located on the interior of the principal structure. i. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building. e J. Sidewalks shall be provided adjacent to all public rights-of-way. Loosing your Privacy. Horrible! Loosing your Property Value. Terrible! Living next to a Construction Site. Sucks! Looking into your backyard and having an Obnoxious Building with Peeping Neighbors. Unbelievably A wfull Having the City favor the Concerned Neighbors "Priceless!" . . Don Ristow - concerned resident ., December 4, 2002 ~ I: l IF ft. \J. . Dear Arden Hills City Council Members, AS you may know, the trees now have been completely demolished. Our family and close neighbors have already lost in spite of our efforts. Now I am just asking you to not approve Mr. Nelsons new plan for this second story building. Out of all the land in the world, why his quest to conquer this small corner I'll never know. One of three main factors in our decision to buy our home was a good school district, easy highway access, and privacy for us and the kids. This house was perfect and our neighbors were wonderful. We bought the house. Little did we know when we bought the home that someone would buy the land, tear down the woods, invade our backyard privacy, and build not only a small building; but attempt to build a FULL 2 STORY WITH DECKS. That is ridiculous. We were upset when the first plan went through, but at least people would of had to look across to see into our yard, not look down into it. It seems like I am fighting a war that I will not win, although I do have peace knowing that I have done my best, and the rest will be up to God. My Neighbors and I have fought to prevent this development from happening for a long time. I thought this whole project was supposed to be somewhat negotiated. What part have I received in my favor. . Not taking down the woods? -NO Aio ramp- NO ~ reasonable space between my home and a commercial building? NO . An 8 foot privacy fence between us and him? -No What have I lost or will loose... . Value of my property! . Our Privacy! . Our woods! . Construction noise and Maintenance! . My time! . Stress! My relationship with Mr. Nelson had started on the wrong foot and he has made it even worse by proposing a larger building with decks. Just by doing that, it proves that all of his initial statements of privacy concerns for his new neighbors was just a manipulating scheme to conquer his goal. What can I say that I haven't. I am extremely disappointed about this whole unfortunate situation. Before we had bought the property the city of Arden Hills had told my wife that the lot had been vacant for 20 year,S and due to the 100 foot variance between commercial and residential property that a business could not be built. There had to be a boundary between commercial and residential. a. Nelson did get the building 30 feet away from our home, but took full advantage to putting in an .der ground parking ramp 10 feet from our bedroom windows. Remember towards the beginning, Mr. Nelson said the basement was going to be for file storage. Now Mr. Nelson plans on using it for files, boat, and car storage. drdraw@vanoo,c.om . I am deeply concerned about the manipulation Mr. Nelson continues. He doesn't care at all about the surrounding area or the neighbors. As I go through my years of paper work, I am more certain that my accusations are accurate. What will happen when the construction begins and the building is accidentally put even closer to my home? Mr. Nelson says I'm sorry; it was the construction team . that made the mistake; Steve gets a small fine, but gets his way. That is the way this whole project has gone since day one. The building went from 1 story with basement for file storage, to a 1 story with basement for car and boat storage, to a 2 story, to a larger 2 story with decks. Mr. Nelson knew what he wanted from the get go, was not concerned about the city laws/codes nor the neighborhoods best interest. It was simply a project to make money and get exactly what he wants. I am telling you there will be nothing but problems if this goes through. It is to small of a corner to cram in a building of this size. There will be complications with traffic and accidents, noise, privacy, and worst of all Steve's payoff for his selfishness and greed. Obviously the building got bigger, because he got the tenants 1st, spends a lot of money to make the building bigger and comfortable for his tenants and then expects to get his way from the city. Which he has got his way so far, so why shouldn't he expect that. The order he has takin has been backwards the whole time. Don't you talk with the city 1 st and get educated about the property's restrictions, then buy the property if OK, then design the blueprints, then build? Not spend tons of money then go seek for city approval. Then I get a surprise letter saying this is what's going to happen now. Recently I was doing fall yard work and seen there were some flags on my property stating this was Mr. Nelson's property line. WRONG, Mr. Nelson is now even trying to claim some of my front yard as his property. Unbelievable! The fence is also my fence. I have taken photographs were these flags were. From the plat view provided by the city of Arden Hills; I had remeasured, (with a witness) my land in my yard. 75 feet total. To my surprise, Steve had mis- measured, and the stakes were removed and put where they belong. On his real property. Photos were than taken again and I put up a sign stating- please stay off my property. This man is out of control. A ruthless, selfish, greedy . business man if you would. I am angry. I hope you understand my bitterness. It is now 3am in the morning and I am tired, However this letter (if takin into consideration) is more important than sleep. If I could make only 3 requests I would appreciate it so much. . Keep the building to the original plan (size) 1 Story. ..---- or Y'6 loo\Ic.\i";} a..r a.\ \ I . The basement could be used for office space and not storage with a car ramp. . An 8 foot privacy fence from the back of my yard to the front. I hope and pray you all make the right decision for us and our neighbors. I feel bad for them too! From there backyards they had never seen county rd. D. Now they can clearly see and hear. Give us the proper buffer landscaping and privacy fences. Please try to imagine buying your 1 st home and having this happen. Try to imagine being kept awake all night with a newborn, and being woken up by construction. (We are expecting a new baby Feb. 5 2003.) Try to imagine having a wall of woods one day, to a wall of nothing, (no privacy at all), to literally a large building wall. Try to imag- ine thinking you will make some money when you sell your home, and the next appraisal you loose. Try to imagine having your child's birthday party in the backyard with strange office workers looking down at you. Please try to imagine how_gratefUl we will all be if you make the right choice! Tha~ Don Ristow & Family e ,..."".. - e - . , . 2026 Glenpaul Avenue Arden Hills, MN 55112 12/3/02 Dear City Council Members, I am writing you in regards to the development ofthe property at the comer of Cleveland Avenue and County Road D. There has been a request for a two story office complex with outside comer decks rather than the I Y, story office complex that was already approved back in December of200 I. I want to first stress my disappointment with the original plans that were approved back in December of2001. I was not against the development of the property but the screening that was selected to separate this business from my home. There was no screening/privacy to my property except for a trash bin and a 6ft fence, which would be located on the property line. This fence would also provide no screening to my property as this property line is roughly three feet lower than the highest elevation of this property. Mr. Nelson originally told me that he would provide the proper screening to my property and I took his word. I guess I did not define "proper" with him but I can tell you that a trash bin would not be an acceptable choice. That was the only time I have had a discussion with Mr. Nelson regarding the landscaping of this property. It was decided at the last City Council Meeting on September 30, 2002, that there needed to be better screening to the adjacent residential properties. Mr. Nelson had placed a folder with some changes in my front door. I am not sure when he placed this in my door as I do not use this door but I found it November 17,2002. He was requesting a reply by November 18th, 2002. After reviewing these suggestions, I still had some concerns. 1. There will be 6ft Arbor vitae planted on the property line. This will not provide initial screening from the parking lot or the building. which is due to the land elevation of the two properties. Eventually, it would provide screening from the parking lot and the frrst story of the office building. How long would this take? Why is not possible to plant these on the edge ofthe parking lot instead? He has added some Arbor vitae behind the trash bin. Why cant these be extended east to provide the screening from the parking lot. These could also be planted to the west to provide screening from the first story exit door and sidewalk Otherwise, there should be a temporary privacy fence along the parking lot/side of the building until these Arbor vitae are at the appropriate mature height. 2. There is still only a deciduous tree planted to screen from the second story building. As was discussed at the last meeting, this type of tree only provides screening during the snnnner when there are actual leaves on these trees. With this building so close to my place of residence, this is a major concern for me. We had recommended also an evergreen (pine etc) to be planted to provide this screening. . ".. 3. I am still against outside comer decks. The purpose of a deck is strictly for pleasure and would not be required for business purposes. Being so close to my property, people standing outside on these decks could actually see into my home. My dining room, bathroom and a bedroom window face my backyard. I work as a nurse working various hours. There are times when I am home during the day and now would have to keep all blinds closed completely. Mr. Nelson had stated at the last City Council meeting that these decks would not be used, so if that is the case why are they still on the building plans? There would be no screening from these decks and I am strongly against these. It clearly states in the Zoning Ordinances that adequate buffering is used to screen and visually separate businesses from residential areas. It also states that there are limitations on the type, size and intensity of uses when developing in close proximity to these residential areas. Mr. Nelson stated he could not salvage any of the mature trees that were located on this property for reasons I am not quite clear on. I know it is probably much easier to clear the entire property when building but this would have been an option to look at. Last week on November 26th, 2002, I came home from work to see the entire lot cleared of all foliage (trees, fence, shrubs, bushes etc.). There was no communication to the neighbors. From what I hear, the city needed to repair a water meter and needed to dig underground from the power line pole. Ifthey did not, there would be an "unsightly pole" erected for this water meter. They requested to remove some of the trees to allow for this and instead it gave Mr. Nelson the opportunity to clear the entire lot! Now, there will be absolutely no screening for at least a year while this building is being erected. I now have absolutely no screening or privacy. I would recommend you to drive by this lot and look into my backyard and maybe you can see why I am so upset and concerned about obtaining the proper screening to my home. If you can see into my windows from County Road D, imagine what you can see from a second story window or parking lot 20 feet away from my property. The city was concerned about an " unsightly pole" that needed to be erected, so maybe you can understand where I am coming from when I am concerned about what I believe to be an unsightly two story office complex/trash bin and a parking lot! Everyone talks about the "Gateway to Arden Hills" and what people will see when they drive by the comer of County Road D and Clevelend Avenue. Please don't forget about the actual people that reside in Arden Hills. JelY'~ ~~ KIm Luger . , e e - ". - . ~ ~~HILLS MEMORANDUM DATE: Agenda Items 6.B December 4, 2002 TO: Joe Lynch, City Administrator CC: Aaron Parrish, Director of Community Services Terrance Post, City Accountan@ Resolution #02-62, Clarifying final Sums of Money to be Levied for Levy Year 2002, Payable in 2003 FROM: SUBJECT: Backe:round The City Council has had several meetings in 2002 reviewing and preparing the budget for 2003. On December 2, 2002, the City Council held its Truth-in-Taxation Hearing to review the proposed budget and levy. After the completion of this hearing, the City Council provided no additional discussion comments relative to the proposed levy, which represents a 2.94% increase over the payable 2002 levy. Recommendation The City Council is asked to adopt Resolution #02-62, clarifying final sums of money to be levied for levy year 2002, payable in 2003 at the regular City Council Meeting of December 9, 2002. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-62 A RESOLUTION CLARIFYING FINAL SUMS OF MONEY TO BE LEVIED FOR LEVY YEAR 2002 PAYABLE IN 2003 BE IT RESOLVED: The City of Arden Hills hereby clarifies the following final sums of money be levied for the levy year 2002, payable in 2003 upon taxable property in said City for the following purposes: Levy Before HACA Levy After HACA HACA Genera! Fund $2,265,712 $0 $2,265,712 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9th DAY OF DECEMBER, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR ~ - . . . . ~ /]'\~LLS MEMORANDUM DATE: Agenda Items 6. C December 4, 2002 TO: Joe Lynch, City Administrator Terrance Post, City Accountant @) Resolution #02-63, Adoption of 2003 Budget FROM: SUBJECT: Backl!round Attached you will [md a summary of the final proposed 2003 All Funds Budget. Materials included with this memo are as follows: . General Fund Revenues, Expenditures, and Operating Transfers Snnnnary Comparison of All Funds Expenditures/Transfers Out All Funds Revenues/Transfers In Estimated Ending Cash Balances Schedules 2003 Capital Budget Schedule No material items of note have surfaced since the December 2, 2002, Truth-in- Taxation Hearing to cause changes to the previously presented budget materials. The 2003 budget reflects changes last discussed at the November 18, 2002, City Council Work Session budget discussion. 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CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-63 RESOLUTION ADOPTING THE 2003 BUDGET WHEREAS, the City Administrator has prepared an annual budget and the City Council has met several times for the purpose of discussing the 2003 budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City hold a public hearing to adopt a budget; and WHEREAS, The City Council held a Truth-in- Taxation public hearing on December 2, 2002, to discuss the 2003 budget and has concluded the budget as prepared is appropriate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Milmesota, that the attached 2003 budget be adopted and approved: Revenue and Expenditures and General Fund Transfers In Transfers Out Taxes $2,106,810 $340,350 $135,105 Licenses & Permits Intergovernmental Charges for Service Fines & Forfeits $58,320 $28,600 Miscellaneous $76,875 __..,,___..___________________ - - - - __m._.__ $559,905 Other Financing Uses . Total General Fund Special Revenue Funds (including the EDA) $1,281,660 Debt Service Funds $285,093 Capital Project Funds $1,925,100 Subtotal Governmental Funds $6,797,818 General Gov't $698,890 $1,100,051 $989,600 $298,060 $218,945 Public Safety Street Maintenance Parks Maintenance Other Financing Uses (Comm. Svc. Program, Park, Cable, TCAAP Insurance p~~ctibl~, ED~)~____ _ (Advance Refunding, G.O. Tax h1<;reme~t Bonds}____ _ (Non-Assess. Road Imprv., Mun. Bldgs., PIR, Cap & Fire $1,295,353 $285,093 $2,767,430 Revenue and Expenditures and General Fund Transfers In Transfers Out Enterprise Funds $2,541,998 (Water, Sewer, Recycling, Surface Water Management - $3,165,630 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9th DAY OF DECEMBER, 2002. ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR DENNIS PROBST, MAYOR . . . . . . ~ ~ ~~HILLS MEMORANDUM DATE: Agenda Items 6.D December 4, 2002 TO: Joe Lynch, City Administrator Terrance Post, City Accountan@) Certification of Delinquent Utilities FROM: SUBJECT: Backl!round The City of Arden Hills has historically followed a policy of annually certifying delinquent utility bills to following year property taxes as a means of collecting delinquent utility accounts instead of a water shutoff policy. Procedures for collections of delinquent accounts are prescribed in the Municipal Code, 1000.20 Subd. 4D (water), 1010.11 Subd. 4 (sanitary sewer), and 1010.14 Subd. 11 (surface water management). Delinquent Status Staff has attempted to more actively manage delinquent accounts with some success. There appears to be a base of repeat customers who are certified year after year. Perhaps they consider this annual delinquent special assessment to be additional property taxes, and incorrectly take the corresponding tax deduction on their personal tax returns. The attachment to the resolution clearly shows the level ofrepeat customers: Historical Certification Trend Data Number Certification with Penalty Levied in) 996 Payable in 1997 Levied inJ9?LJ.>ayable in 1998 ~_____~~^~~_~~__~~}_2.?8 ~~ableJ_!!JJ2~~~__ _ ^___ --1 Levied in 1999 Payable in 2000 Levied in 2000 Payable in 2001 i .... I,-eVi(':d i~;ioo1J>~'y~bl(':iIl2()CL2.___j l._._.I,-~vled i.'!}OO!Paya~l.e.i.ll.~QQ.3__.J ......_ $16,8~2.32 ~_.$.2:5.,1~~:!i~_ $18,498..:~L_ $17,164.95 _~_$2~,5.36.72 $14,753.76 -$18,078:46 -.-J ----~~---- 37 accounts 59 accounts 42 accounts ---------------- 39 accounts 41 accounts , 32 accounts..... L.}9 accounts With the 2002 budgeted utility revenues of $2,271,775, the certification accounts represent approximately 0.8% of this total, and approximately 1.1 % of the 2,568 total utility account customer base. 2 December 4, 2002 Certification of Delinquent Utilities Recommendation Council should consider adopting Resolution #02-65 at the December 9, 2002, Regular City Council Meeting entitled, "Resolution Adopting and Confirming Annual Special Assessments for Delinquent Utilities." ~ . . . . . . .' CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 02-65 RESOLUTION ADOPTING AND CONFIRMING ANNUAL SPECIAL ASSESSMSENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statutes; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspections, and an opportunity has been given to all interested parties to present objections, if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. I. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels ofland described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels ofland and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Arden Hills, Minnesota, that the City Administer be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists ofthe County, and the County Auditor shall collect said special assessments with taxes levied in 2002, payable in 2003. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 9th DAY OF DECEMBER, 2002. DENNIS PROBST, MAYOR ATTEST: JOSEPH P. LYNCH, CITY ADMINISTRATOR '. CITY OF ARDEN fiLLS UTILITY ACCOUNTS ANNUAL DELINQUENT SPECIAL ASSESSMENTS RESOLUTION NO. 02-65 (CERTIFIED IN 2002 FOR TAXFS PAYABLE IN 2003) ADOPTED BY CITY COUNCIL ON DECEMBER 9,2002 . Acct. Pre,,'. Certif. Utility 8% eert. Total Count Pin Number No. 2001 2000 Name Service Address Arrears Penaltv Certified 02-01 2BO-23-34-0051 0]-10530 X X William & Pam Ross 4123 Nonna Circle $861.99 $68.97 $930.96 02-02 22-30-23-21-0030 0]-14930 X Shirley Wuetherich 1375 Arden View Drive 919.25 73.53 992.78 02"03 22-30-23-42-0032 0]-21640 X Karl E. Delker 1286 Wvncrest Lane 1064.29 85.15 1149.44 02-04 22-30-23-33-0015 01-23210 X David 1. Thomas 4149 Nomia Avenue 691.52 55.32 746.84 02"05 22-30-23-12-0007 01-26620 Kevin & Jackie OuiQlev 1337 Karth Lake Circle 631.3] 50.51 681.82 02-06 27-30-23-34-0041 02"02750 X X John Voitech 1423 West CoUritv Road E 425.73 34.07 459.80 02-07 28-30-23-13"0061 02-02780 John Hollar 1722 Venus Avenue 334.98 26.80 361.78 02-08 28"30-23-11-0019 02-07300 X X Larrv Gill 1671 Lake Valentine Road 533.07 42.65 575.72 02-09 28-30-23-33-0013 02-10640 Josenh Mauricio 2027 Thorn Drive 321.18 25.70 346.88 02-10 28-30-23-32-0004 02-10890 X X Edward LanQner 3809 New BriQhton Road 420.14 33.60 453.74 02-11 28-30-23-41-0027 02-17490 X X Robert Sundouist 1580 Chatham Avenue 207.73 16.61 224.34 02-12 28-30-23-43-0018 02-22960 Le Ouart" 1781 Janet Court 239.41 19.15 258.56 02-13 33-30-23"11"0036 02-25370 Dave Mobem 1611 Lake Johanna Blvd 388.71 31.09 419.80 02-14 21-30m-41-0051 02-26060 X X Marv Fresonke 1681 Brueberrv Lane 318.21 25.45 343.66 02-15 34.30-23-24-0003 03-01760 X PeterPlisek 3466 Glenarden Rd 671.79 53.73 725.52 02-16 33-30"23-34-0020 03-03200 X X Michael Johnson 3223 Lake Johanna Blvd 608.81 48.71 657.52 02"1'7 34-30-23-21-0016 03-03720 X X Shaton Davies 1437 Arden Pla'ce 313.15 25.05 338.20 02-18 c 33-30-23-33-0083 03-04970 X X Catherine Callahan 2009 West CoW1tv Road D 507.46 40.60 548.06 02-19 34-30-23-44-0024 03-05610 Michael Lonll 1125 West County Road 0 434.03 34.72 468.75 02-20 34-30-23-42-0053 03-06090 X X David J. Neuberller 3330 Dunlap Street N 494.44 39.56 534.00 02"21 c 33-30-23"24-0094 03-06170 Gree:cirv Weeks 1873 Stowe Ave 551.33 44.11 595.44 02-22 34-30"23-31-0023 03-08730 Patricia Lenczuk 1378 Currnnine:s Lane 373.87 29.91 403.78 02-23 33-30-23-31-0013 03-09120 X X Rebecca Rae 1926 Stowe Avenue 904.50 72.36 976.86 02-24 34-30-23-14-0029 03-]6180 X Ga<vAlfred 1139 Hunters Court 500.69 40.05 540.74 02-25 33-30-23-32-0003 03-]7230 Judie Pravfrock 1950 Stowe Avenue 553.05 44.25 597.30 02-26 33-30-23-33-0034 03-17330 X X Robert Morrissette 2028 Edgcwater Avenue 670.44 53.64 724.08 02-27 33-30-23-24-0001 03-18300 X X Paul Trites 1850 Indian Place 609.14 48.72 657.86 02-28 33-30-23-32-0033 03.22840 X X John Knutson 3332 Katie Lane 507.49 40.59 548.08 02-29a 22-30"23-22-0009 09"01200 George J Reiling 661 Heinel Drive 799.90 64.00 863.90 02-29b 27-30-23-11-0003 09-0] 200 George JReilinl! 661 I-Ieinel Drive 181.29 14.51 195.80 02-29< 27-30-23-11-0005 09-01200 George J Reilinl! 661 Heinel Drive 90.88 7.28 98.16 02-29d 27-30-23-13-0004 09-01200 Gcome J Reilinl! 661 Heinel Drive 487.17 38.97 526.14 02-2ge 27-30-23-14-0007 09-01200 Geon>:e J ReilinQ" 661 Heinel Drive 122.36 9.80 132.16 ITota1- I $16739.311 $1,339.151 $18,078.46 . . . . . ~ ~HILLS MEMORANDUM DATE: Agenda Item 6.E December 04, 2002 TO: Mayor Dennis Probst Council Member Beverly Aplikowski Council Member David Grant Council Member Gregg Larson Conncil Member Lois Rem Joe Lynch, City Administrator FROM: If Aaron Parrish, Community Services Director SUBJECT: TCAAP Update The following highlights pertinent TeAAP reuse activities since the last update: . Staff had the regularly scheduled Development Team meeting on Tuesday November 26th, 2002. An agenda and minutes for the meeting are attached for your review. In addition, minutes for the November 12, 2002 Development Team meeting are also attached for your review. The next meeting is scheduled for Tuesday December 10th, 2002. · The Advisory Panel had its kick off meeting on Tuesday November 19, 2002. The meeting provided the panel information about the site and planning process. Slides from the meeting were previously provided to the Conncil. These are on the website as well. In addition, DSU is working with the Army to provide tOurs of TCAAP for the Panel members. It was originally hoped that one could be conducted on a Saturday. However, this did not work for TCAAP staff. Other options are being evaluated, but we are still aiming to provide tours this month prior to significant snow accumulation. . Staff has worked with the Development Team to amend the project budget outlined in the interim development agreement. The printing and distribution of the newsletter was not previously contemplated in the budget. The budget has been amended to include an additional $8,000 allowing for the distribution of six 'TCAAP Updates" over the course of the interim agreement. The document has been sent to the printer and should be distributed next week. · Staff has been working with Ramsey County regarding their proposed park master plan amendment (wildlife corridor). At this point, staff feels that we have established a mutually acceptable agreement in principle with the County regarding the proposed amendment. The County is willing to allow a road to cross Rice Creek around the County Road H interchanges (it is currently crossed in this area). This would address the need for north/south connectivity throughout the site. In addition, this is the proposed connection that the County Public Works Director and MNDOT felt most comfortable with during a brainstorming session held earlier in November. If access via this route proved to be Memo to Mayor and City Conncil December 3, 2002 TCAAP Update Page 2 of2 impossible, then the default option would be to provide an ecologically sensitive connection through the corridor. To solidify this nnderstanding between the City and the Connty, staff is in the process of preparing a memoralldum of nnderstanding. This document would be executed by both parties. Given the Connty's time constraints, staff is working to have a mutually acceptable agreement prepared for the Council's December 16th Worksession and Special City Conncil meeting. For reference, the l'TRC considered this item at their November 27, 2002 meeting. The l'TRC voted to recommend approval of the proposed park plall amendment. The Planning Commission will provide input at their December 4, 2002 meeting. . . . . M ." M. ".... 'L~eeting i,l~iilnlltes Date: Tuesday, November 12, 2002 Time: 10:30 a.ill. Location: City of Arden Hills Attendees: Aaron Parrish, Joe Lynch, Lois Rem, Bart Rehbein, Mark Vargo, John Hink, Shelley Broadbent Land Ttansfer . GSA Ralph Conner has received excess report 118. . Federal screening process has begun. . City will send letter of interest in land. Land Use and Infrastructure Planninl! . Ramsey County Public Works Facility location may be an issue. . Discussed area where the 50-acre wildlife corridor is to be. . Land use & traffic information needs to be investigated. . . 1st Advisory panel meeting will take place next Tuesday, November 19th, 2002. Other ISsues . Camera-readyversion of newsletter to be printed with the city's printer as requested by Aaron. . Discussion of invoice procedure; Aaron will e-mail them before they are paid. . Lois requested to see meeting minutes; they will be forwarded to Aaron & Joe. . Next meeting will be Tuesday, November 26'\ 2002 at 10:30 a.m. at City of Arden Hills. . M. .., M... -. .. ! '" f", ' . ^. "'. . .;.:. ' .,~ ."" ;. f 1 .......,lJeetlng .. In.utes . Date: Tuesday, November 26, 2002 Time: 10:30 a.m. Location: City of Arden Hills Attendees: Aaron Parrish, Joe Lynch, Lois Rem, Beverly Aplikowski, John Shardlow, Peter Hellegers, Bart Rehbein, Mark Vargo, John Hink, Shelley Broadbent Land Transfer . Planning meeting to brief newly elected officials (Governor, Senator, Mayor) on TCAAP land transfer. . Congresswoman McCollum requested extensions for the federal process. City hopes to send letter of interest for land on December 16th . National Guard wants to move their facility to the west of Ramsey County's proposed facility. . Rice Creek North Regional Trail Corridor Master Plan Amendment-the county needs to know soon in order for them to be a part of the land transfer process. . . John H. will update gant chart with definitions for Aaron. Land Use and Infrasttficturel)lanninl! . Discussed wildlife corridor and transportation issues/access to get to land on other side of proposed area. . 1st Advisory Panel "kick-off' meeting took place; John Shardlow updated. Next meeting to take place possibly in mid-January 2003. . Tour of TCAAP for advisory panel to take place on Saturday, December 14th Other Issues . Newsletter text will be handled by DSU and the format will be handled by Goff & Howard; which will be posted on the website. . Next meeting will be Tuesday, December loth, 2002 at 10:30 a.m. at City of Arden Hills. Happy Thanksgiving! . - - - ~ ~HlLLS MEMORANDUM DATE: Agenda Item 8.A December 9, 2002 TO: Mayor and City Council Members CC: Joe Lynch, City Administrator Cynthia Young, Deputy Clerk/Human Resources Director FROM: Jackie Gritz, Office Support Specialis~ SUBJECT: 2003 Liquor License Following is a list of establishments within the City of Arden Hills who are renewing their liquor license for the 2003 licensing year. With the exception of the Certificate of Insurance, I have received all requited materials from all applicants. Establishment Big Ten Supper Club Blue Fox, Inc. Flaherty's Arden Bowl Great China Restaurant Holiday Inn Lindey's Steakhouse Star Liquors Type of Liquor License(s) On-Sale, Off-Sale, Sunday Sale On-Sale, Snnday Sale On-Sale, Sunday Sale Wine Only, Sunday Sale On-Sale, Sunday Sale On-Sale, Sunday Sale Off-Sale Only Request Staff is requesting City Council approve all applicants for their 2003 liquor license contingent upon receipt of the required certificate of insurance from each applicant. If approval is received, the Mayor should sign each form at the appropriate location. . No. Fee STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY ALCOHOL AND GAMBLING ENFORCEMENT 2 $200.00 OFF SALE LIQUOR LICENSE THIS CERTIFIES THAT: LICENSEE TRADE NAME John J. Welsch, d/b/a Bi Ten Su er Club, Inc. STREET ADDRESS OR LOT AND BLOCK NO 4701 03 North Hi~hway 10 City Arden Hills County Ramsey s authorized to sell intoxicating liquor at off sale subject to the laws and regulations of the State of Minnesota and municipal ordinances for the period beginning January 1. 2003 to December 31. 2003. Mayor or President Signature THIS LICENSE IS APPROVED Given under my hand and the Municipal Corporate Seal City of Arden Hills Date December 9.2002 Alcohol & Gambling Enforcement Director Date PS9008-03 (2/00) CLERK or Recorder . , ~ o ~ " 'g. :0 r-< ~ .P" n q ;.. r ~ " 2 ~ t! " s ~ "" d cr "~ ~ ~ 0 - Q ., (D - - ..., ., g ;.. St ~ ., ~ '" o _. """ '" . ~ 0" (D a " ~ -.." Z S (l ~ [.l ~. 0 ~ . ..... 0 Cfl N ~ ~ s ~ <0 >-j " " <0 ~ " ~e.G-g. '" ~ S' _. (tl (tl ('tl g " ~ g ra g: ~ ~ " p.~ " g, " g p.. - a I". I ...... ~ 0 a ~ q g g. 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No. Fee 5 $1,000.00 ST ATE OF MlNNESOT A DEPARTMENT OF PUBLIC SAFETY ALCOHOL AND GAMBLING ENFORCEMENT WINE LICENSE - "ON SALE" THIS CERTiFIES THAT: LICENSEE Great China Restaurant Arden Hills TRADE NAME Great Chiua Restaurant . STREET ADDRESS OR LOT AND BLOCK NO 3547 Lexinl(ton Avenue North City Arden Hills County Ramsey Is anthorized to sell WINE NOT EXCEEDING 14% ALCOHOL BY VOLUME ONI:.. Y FOR CONSUMPTION ON THE PREMISES SUBJECT TO THE LAWS AND REGULATiONS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE MUNICIPALITY OR COUNTY for the period beginning Januarv I. 2003 to Decemher 31. 2003. Mayor or President Signature THIS LICENSE IS APPROVED Given under my hand and the Municipal COlporate Seal City of Arden Hills Date December 9. 2002 Alcohol & Gambling Enforcement Director Date PS9115-03 (2/98) CLERK or Recorder . . No. Fee 7 $200.00 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY ALCOHOL AND GAMBLING ENFORCEMENT City Arden Hills County Ral1jsey OFF SALE LIQUOR LICENSE THIS CERTIFIES THAT: LICENSEE Star Li uors, Inc. TRADE NAME. Star Li uors, Inc. STREET ADDRESS OR LOT AND BLOCK NO 3537 North Lexington Avenue Is authorized to sell intoxicating liquor at off sale subject to the laws and regulations of the State of Minnesota and municipal ordinances for the period beginning Januarv 1.2003 to December 31. 2003, Mayor or President Signature THIS LICENSE IS APPROVED Given under my hand and the Municipal Corporate Seal City of Arden Hills Date December 9. 2002 Alcohol & Gambling Enforcement Director Date PS9008.{)) (2/00) CLERK or Recorder . ., . . . ~ EN HILLS MEMORANDUM DATE: Agenda Item 8.B December 5, 2002 TO: Mayor and City Council Joe Lynch, City Administrato!W dIf Ramsey Connty Proposed En:CL~nental Response Fnnd FROM: SUBJECT: ENCLOSURES: Request for Ramsey County Board Action Minnesota Statue 383A Minnesota Statue Chapter 390, Section 3 Ramsey Connty Memorandum, July 14, 1997 Development Trade & Economic Development Letter, November 12, 2002 Memorandum form Paul Kirwold, October 7, 2002 Municipal Survey Results Ranking Use of Fnnds Back2round Previously, staff presented the Council with information about the proposed Ramsey County Proposed Environmental Response Fnnd for information purposes. At this time, staff is presenting information based on our understanding that the Ramsey County Board will be discussing this shortly, and making a decision about whether to proceed in 2003 with the collection of an Environmental Response Fund fee for each deed registration in Ramsey Connty. Purpose: The purpose of the Environmental Response Fund is to collect fees to offset the cost for soil corrections or remediation for property in Ramsey Connty, where funding gaps exist or land redevelopment is of great importance for Ramsey Connty and/or the impacted city. Public Works: Ramsey County will collect an additional fee for every deed registration in Ramsey Connty. This includes every new home construction, every existing home and any residential property that is sold or refinanced in Ramsey County. The State Statue allows Ramsey County to collect .0001 times the principle amount for each transaction. As an example, the median value home in Arden Hills is $204,400.00. Using this figure, Ramsey County could collect $20.44 on the median value home in Arden Hills every time a new home is built or a property is sold or refinanced. Memo to Mayor and City Conncil December 5, 2002 Request for Ramsey Connty Board Action Page 2 of3 . Collection: Ramsey Connty expects to collect approximately $700,000.00 on an annual basis by instituting this fee. Connty information provided estimates that if this fee had been collected since 1997, Ramsey County would now have a fund balance, without interest, of 2.5 million dollars. Minnesota Statue 383A.81 grants Ramsey County the ability to collect or charge this fee, which is set by statue, and to collect revenues and appropriate monies. The original legislation was slated to expire on January 1, 2003, but the 2002 legislature extended this deadline to January 1, 2008. Proiects The enabling legislation contains language that identifies that the clean up of the area designated as the Dale Street Shops and Maxson Steel sites in the City of St. Paul are the top priorities for this fund. At this time, there is no known cost estimate to accomplish both of these legislative priorities. Response Ramsey County did attempt to receive responses from cities in Ramsey Connty regarding this potential fee and asked those cities to respond to a survey, in priority rank, of the use of the funds. In the enclosed infonnation, you can read our response on the priority ranking of fnnd uses and read staff comments to Ramsey Connty on examples of projects where such funding could be used. . Policv Question If the Minnesota Statue establishes the priority use of funds, should Ramsey Connty be allowed to collect this fee from suburban commnnities for assistance to the City of St. Paul, for property remediation? The converse is true, should St. Paul property owners expect to pay this fee to assist suburban commnnities with property remedy that don't directly benefit them or their city. In the information provided, you can read the policy questions that the Ramsey Connty staff has identified for the Ramsey County Board. There isn't any question as to whether Ramsey Connty has the authority to establish such a fee and collect it, but the question is how the funds should be used. On page one ofthe policy questions, you can see the identification of how the fnnds must be used. · Land or property which are polluted or contaminated with hazardous substances. · Paid costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising of ownership, remediation, or the use of the land. · Paid cost of remediating the acquired land or property · Paid a cost for remediation land or property which are polluted or contaminated · Paid a cost associated improving the property for economic development, recreation, housing, transportation or rail traffic. . . . . Memo to Mayor and City Council December 5, 2002 Request for Ramsey County Board Action Page 3 of3 Recommendation At this time, staff has no recommendation but is seeking direction from the City Conncil regarding whether the Council wants to officially respond to Ramsey Connty, in the form of a written response, verbal response or both. If the Conncil has a preference, they should indicate priority use of the fund to Ramsey County. i - ~ RAMSEY COUNTY . REQUEST FOR RAMSEY COUNTY BOARD ACTION ~ Type of Agenda: [Xl Policy o Administrative o Consent o Information o Public Hearing o Ordinance Requesting Department: County Manal!.er e..' . Committce: Committee: Meeting Date: Meeting Date: County-Wide Ramifications [Xl or Affected Commissioner District(s) #: Board Meeting Date: 11/26/02 Board Meeting Date: SUBJECT: Creating an Environmental Response Fund from Additional Mortgage Registration and Deed Taxes per Authorizing Legislation. EXECUTIVE SUMMARY On June 25, 2002, the Department of Property Records and Revenue presented the question of whether or not to fund an Environmental Response Fund (ERF) to the County Board for discussion and direction. The Board expressed interest in exploring further the opportunity of implementing the tax and ,cussing how the funds would be used in either a policy or workshop setting. This Board Action provides nnation that can be used to frame a policy discussion on creating and funding an ERF and detennining how to spend the funds. The amount of funds that could annually be raised for an ERF in Ramsey County is approximately $700,000. If the tax had been imposed since August 1997, it would have raised over $2.5 million. This tax could be implemented whenever the County Board chooses, and could be in effect by one month following Board action. No public notification is needed. The policy questions for consideration by the Cotmty Board include: I. Should the County begin to collect taxes and create an ERF? 2. If yes, what should be the priorities for the ERF? 3. If yes, how should policy direction and oversight of the ERF be handled? The County Manager convened a team of stafffTom several departments to review and analyze issues related to creating an ERF. Staff identified four options for cxpcnditure of the funds if the County Board chooses to create an ERF. Discussion is not limited to these options, but these are the four that were analyzed by staff for consideration by the Board. Once a method for expenditure of the funds has been selected, specific criteria would need to be developed and brought to the Board. 1. Use the ERF to fund one or two significant projects that can have Countywide impact. 2. Distribute the ERF to municipalities for thcir use, according to a formula. 3. Use the ERF for cnvironmental response in priority areas that other fnnds do not cover. 4. Create a grant program for a variety of small and medium sized projects. _It was solicited from all Ramsey County municipalities on creation of an ERF and options for expenditure of '-unds. This was accomplished via discussion at the Scptembcr 18th County Manager's quarterly meeting with city managers and a follow-up written survey. The results of the survey are attached. ACTION REQUESTED None. For discussion only. . , Justification . Introduction On June 25, 2002, the Department of Property Records and Revenue presented the question of whether or not to fund an Environmental Response Fund (ERF) to the County Board for discussion and direction. The Board expressed interest in exploring further the opportunity of implementing the tax and discussing how to use the funds in either a policy or workshop setting. This Board Action provides information that can be used to frame a policy discussion on creating and funding an ERF and determining how to spend the funds. In preparing this item, the County Manager convened a team of staff from several departments to review and analyze issues related to creating an ERF. This document summarizes the work in three policy questions: 1. Should the County begin to collect taxes and create an ERF? 2. If yes, what should be the priorities for the ERF? 3. If yes, how should policy direction and oversight of the ERF be handled? Following the policy questions, staff have identified and analyzed four options for expenditure ofthe funds ifthe County Board chooses to create an ERF. Discussion is not limited to these options, but these are the four that were analyzed by staff for consideration by the Board. Once a method for expenditure of the funds has been selected, specific criteria would need to be developed and brought to the Board. The options include the following: . Option # I: Use the ERF to fund one or two significant projects that can have Countywide impact. Option #2: Distribute the ERF to municipalities for their use, according to a formula. Option #3: Use the ERF for environmental response in priority areas that other funds do not cover. Option #4: Create a grant program for a variety of small and medium sized projects. . SUBJECT: Creating an Environmental Response Fund - Policy Discussion ATTACHMENTS: ainnesota Statutes 383A.80 2. Minnesota Statutes 383A.81 3. Laws 2002, Chaptcr 390, Section 3 4. 7/14/97 Memorandum from County Attorncy 5. Letter from Department of Trade and Economic Development 6. Survey Rcsponse from Municipalities PREVIOUS ACTION: Previous County Board minutes from June 25, 2003, can be accessed on the Internet at www.co.ramsey.mn.us/cb/ma/index.asp COUNTY MANAGER COMMENTS: . . . , SUBJECT: ;! iI/rYD 1-- . ~~ . . . . . Policv Questions 1. Should the County begin to collect taxes and create an ERF? The 1997 Minnesota Legislature authorized Ramsey and Hennepin Counties to impose a mortgage registry and deed tax for the purpose of creating an Environmental Response Fnnd (ERF). Hennepin County chose to establish an ERF at that time whereas Ramsey County did not. The original legislative authorization was set to expire January 1,2003; however, the 2002 Legislature extended the authority for both Counties for five additional years to January I, 2008. The legislative requirements pertaining to the establishment of an ERF fund by Ramsey County (Section 383A.81) are as follows: I. The County Board must administer the fund either as a county board, a housing and redevelopment authority, or a regional rail authority. 2. The fund must be used for the following purposes: . Acquiring lands or property (through purchase or condemnation) which are polluted or contaminated with hazardous substances; . Paying costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the owncrship, remediation, or use of the land or property; . Paying for the costs of remediating the acquired land or property; . Paying the costs associated with remediating lands or property which are pollutcd or contaminated with hazardous substances; or . Paying for the costs associated with improving the property for economic development, recreational, housing, transportation or rail traffic. 3. The County is expected to seek matching funds from other contamination clean up funds administered by the Commissioner of the Department of Trade and Economic Development, the Metropolitan Council, the federal government, the private sector and any other source. 4. The first priority is to clean up the sites located in the city of St. Paul known as the Dale Street Shops and Maxson Steel, or other sites at or near rail lines that are blighted and the clean-up of which will lead to living wage jobs and, lastly, to improve the land for economic development. NOTE: In a memorandum dated July 14, 1997, the County Attorney issued an opinion on this legislative requirement stating, "This subdivision, however, merely establishes the priorities for Board consideration and is not a mandatory first expenditure. lf the legislature had intended that the funds be used for the cleanup of these sites prior to any other use, such language could have been inserted in the Act." (See attached memorandum.) If the tax had been imposed since August 1997, it would have raised over $2.5 million. Ifit had been imposed in 2001, the taxes would have raised $701,000. This tax could be implemented whenever the County Board chooses, and could be in effect by one month following Board action. / No public notification is needed. The volumc of mortgages and deeds being recorded keeps . increasing (e.g., 30 to 40% this year over last year). This would provide an ongoing source of funds. Pros Ramsey County is limited by lack of resources in its ability to sponsor cleanups and construction of affordable housing. An ERF could be used to fund County Board priorities. . While there are State and Metropolitan Council funds for the study and remediation of Brownfields, there are gaps in funding some clean ups because of the manner in which the State funds are allocated. Housing and small commercial development projects are not funded, and an ERF could address these gaps. . Ramsey County municipalities are dealing with cleanup, remediation issues and could use financial assistance. . This is an opportunity to obtain specific resources for a specific purpose. Cons This could be negatively perceived by taxpayers as another way to raise taxes. . Ramsey County does not have a lot of experience in cleaning up contaminated properties, and would either have to develop capacity or partner with others that have experiencc. . This is adding a new function. Will adequate staffing be available? 2. What should be the priorities for the ERF? . The Legislature has created the first priority, which is to clean up the Dale Street Shops and Maxson Steel sites or other sites at or near rail lines that are blighted and the clean up of which will1cad to living wage jobs, and to improve the land for economic development. (See previous NOTE under Question #1 above.) The legislature has also directed that the ERF should be used for any ofthe five purposes listed below. Numbers 1-4 address how to use the funds to acquire, hold harmless, or remediate property, whereas Number 5 addresses overall purposes for improving the property. The County Board will need to determine which of these directed purposes the Fnnd should be used for. One way to establish priorities would be to tie it to the County Board goals. Legislative Purposes for the ERF I. Acquisition through purchase or condemnation of lands or property which are pollutcd or contaminated with hazardous substances; 2. Paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property; 3. Paying for the costs of remediating the acquired land or property; 4. Paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances; or . c2./ . . . 5. Paying for the costs associated with improving the property for economic development, recreational, housing, transportation or rail traffic. (MN Statutes, Section 383.81) The kinds of activities the County could be involved in for the purposes described in Number 5 are listed below. If Number 5 is selected, the Board will also need to determine which of these activities (a-e) to focus on. a. Economic development activities would generally occur with the County providing grants to developers or municipalities to assess the level of contamination, assist in remediation, or acquire and remediate land for redevelopment. Land that is subject to this would then be developed so that it would provide an economic stimulus to an area. b. Recreational uses of ERF funds would typically involve the acquisition of land and remediation of the contamination, with the resulting land being used for recreational purposes. This concept of "brown fields to green fields" has been recently promoted by the MPCA and the Metropolitan Council to the Solid Waste Management Coordinating Board. c. Housing uses of the ERF could follow several patterns. It could include environmental work on contaminated land on which a developer is going to develop new affordable housing. It could include rehabilitation of existing housing, or development of new housing in existing structures, to create affordable housing. It could be used to leverage federal, state or local dollars to take existing contaminated (e.g., with lead and asbestos) bousing to make structures safer and longer lasting. d. Transportation uses of ERF funds could include cleaning up land that would be used to promote transit alternatives, such as park-and-ride lots. e. .Rail Traffic uses of the ERF could include cleaning up and acquiring right of way for rail traffic. Municipal Response on ERF Priorities Input on the ERF was solicited from all municipalities in Ramsey County via a discussion at the County Manager's quarterly meeting with city managers on September 18,2002, and a follow-up written survey. Eleven municipalities out of a possible 16 responded to the survey. The municipalities that responded included Arden Hills, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Mounds View, North St. Paul, Roseville, Vadnais Heights, White Bear Lake and White Bear Township. The municipalities that did not respond included Maplewood, New Brighton, North Oaks, Saint Paul, and Shoreview. A reminder email was sent to the entities that did not respond by the due date, and an 3 additional follow-up email was also sent to community development directors in the municipalities that did not rcspond. . The municipalities were asked to rank the five purposes outlined in the statute for use of the ERF. The cities that responded to the survey ranked them as follows: ]. Paying for the costs of remediating the acquired land or property. 2. Paying the costs associated with remediating lands or property, which are polluted or contaminated with hazardous substances. 3. Paying for the costs associated with improving the property for economic development, recreational, housing, transportation or rail traffic. 4. Acquisition through purchase or condemnation of lands or property which are polluted or contaminated with hazardous substances. 5. Paying the costs associated with indemnifying or holding hann]ess the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property. (Additional information on the survey results is attached to this Board Action.) 3. How should policy direction and oversight of the ERF be handled? If an ERF is established, Statute 383A.81, subd.l, states that "the board of county commissioners shall administer the fund either as a county board, a housing and redevelopment authority, or a regional rail authority." Currently, all three entities exist in Ramsey County with corresponding administrative structures. The priorities and criteria established by the Board, however, will determine whether or not there is capacity in these areas to administrate the ERF. Consideration should be given to keeping the ERF easy to administrate, so that the cost of administration is reasonable in relation to collection and distribution of the funds (approximately ]0%). . . 1- . . . If The ERF Is Created, What Are The Options For Expenditure Of The Funds? The following four options for expenditure of the funds have been identified by staff for consideration by the County Board. Each option is described, along with specific examples and corresponding pros and cons. Option #1: Use the ERF to fund one or two significant projects that can have Countywide impact. Option #2: Distribute the ERF to municipalities for their use, according to a formula. Option #3: Use the ERF for environmental response in priority areas that other funds do not cover. Option #4: Create a grant program for a variety of small and medium sized projects. Response from Municipalities The survey respondents ranked the four options for expenditure of the ERF as follows: 1. Distribute the ERF to cities/towns for their use, according to some formula. 2. Use for environmental response in priority areas that other fnnds do not cover. 3. Fund one or two significant projects that can have Countywide impact. 3. Create a grant program for a variety of small and medium sized projects. The survey respondents included examples of projects in their communities where the ERF could be used. These examples are provided in Part n of the attached survey results. Part III includes additional comments from some of the survey respondents. 5 Option #1: Use the ERF to fund one or two significant projects that can have . Countywide impact. Description: The County would col1ect funds until a sufficient amount had been collected to cover the costs associated with one or two projects, estimated at one to two years. The County would develop criteria for eligible projects, and then solicit proposals from the community. Local units of government, non-profit entities, or private entities would be eligible to submit proposals. The Connty would then contract with the appropriate entity for use of the ERF to pay for the project. Funds would be used for major projects that are already partly funded by other agencies, such as the Department of Trade and Economic Development (DTED), the Metropolitan Council and EP A. Connty funds would be used as a local match or leverage for a municipality to use. The benefits ofthe projects would accrue primarily to the host municipalities, although the overall County tax base would benefit with any resulting economic development. Examples a. In one suburban community there is land available (about 170 acres) for redevelopment that has soil and likely groundwater contamination. The County would contract with the municipality, al10wing the ERF to be used for acquisition of parcels for redevelopment; payment for other environmental costs not covered by grants from DTED, the Metropolitan Councilor EP A; and matching funds for other grants. The result could be the generation of$300 million in new value when redevelopment is complete, 5,000 new jobs with an annual payrol1 of $400 million, 500 new housing units, and a significant increase in local, County and State taxes. . Pros: . Completed remediation al10ws a property to be redeveloped and returned to the tax roles. . Targeting the funding will offer a greater chance of actual1y completing a project, because the amount ofERF funding available is small compared to the cost of remediation. . Completed projects make future needed projects seem less daunting and thus encourage communities to seek professional assistance to tackle them. Cons: . The amount of County funding may not be significant enough to make a difference on large environmental mitigation projects. . Some communities may feel that they will never have a chance to secure funding as the most significant projects are concentrated within a few communities. . Smal1er projects, and those that are not eligible for DTED, Metropolitan Councilor EP A funding would likely not be funded. . The County would need to apply staff time to develop criteria, seeking and evaluating proposals, negotiating contracts with one or two municipalities, and monitoring the project. . b . Option #2: Distribute the ERF to municipalities for their use, according to a formula. Description: The County would collect the funds, develop a formula and distribute the funds to municipalities at some frequency pursuant to a grant agreement. The grant agreement would specify the uses for the funds, which would be based on those uses allowed by State law. Municipalities could use the funds in any manner they chose, as long as law allows thc use. Examples: If $700,000 were to be collected in one year, and if the funds were distributed on a per capita basis each year, then the distribution would be as follows: ERF Distribution 2001 pop. (Met Municipality COlmcil Estimates) % of Total Grant Available Arden Hills 9,660 1.9% $ 13,194 Falcon Heights 5,580 1.1%$ 7,621 Gem Lake 424 0.1%$ 579 Lauderdale 2,364 0.5% $ 3,229 Little Canada 9,813 1.9% $ 13,402 . Maplewood 35,080 6.8%$ 47,912 Mounds View 12,750 2.5% $ 17,414 New Brighton 22,215 4.3% $ 30,341 North Oaks 4,000 0.8%$ 5,463 North Saint Paul 11,923 2.3% $ 16,284 Roseville 33,949 6.6%$ 46,367 St. Anthony (part) 2,517 0.5%$ 3,438 Saint Paul 287,260 56.0% $ 392,337 Shoreview 26,374 5.1%$ 36,021 Vadnais Heights 13,151 2.6%$ 17 ,962 White Bear Township 11,384 2.2% $ 15,548 White Bear Lake (part) 24,080 4.7%$ 32,888 Total 512,524 100.0% $ 700,000 Pros . Every municipality would receive some of the ERF, so that the ERF would be equitably distributed. . Cons: . Most communities would not receive enough funding to have a substantial impact on contaminated land or property. . The County"would need to dedicat" staff to developing and monitoring contracts with each municipality, and tracking the type of projects the funds are used for. 7 Option #3: Use the ERF for an environmental response in priority areas that other. funds do not cover. Description: DTED and the Metropolitan Council currently fund projects that demonstrate job growth and economic activity, but certain types of projects are either not eligible or receive low rankings, such as housing or redevelopment of recreational land or green space. The County could fund projects that fill these gaps, and designate the ERF for projects/programs in which there is a need, but little available funding. The ERF could be distributed either through grant agreements, or be used for existing County programs. Examples: a. Healthy Homes The Connty could dedicate funds to an assessment, cvaluation and rehabilitation program that reduces the environmental risk in homes occupied by low-income children. These children may have elevated blood lead levels, suffering from symptoms as a result of exposure to molds, or diagnosed with asthma. The County currently carries out these activities in Saint Paul for the rehabilitation of homes with lead contamination, using federal HUD grant funds matched with City PED and homeowner funds. These funds will not be available after 2004, but the need will continue in Saint Paul. Further, there are no activities in the suburban area, even though there are eligible homes. The increasing incidence of asthma is a public health issue that is related to the environmental condition of homes. ERF funds could be used to administer and rehabilitate bousing shown to have environmental problems and health consequences. . b. Brownfields to Greenfields The ERF could be used for remediation of contamination on lands that could be converted to greenspace or recreational land. Neither DTED nor the Metropolitan Council funds these types of projects, because they typically do not produce jobs or tax revenue. Pros: . Environmental problems without a funding source for mitigation could be addressed. . There are gaps in funding for public property, non-profit property, projects that do not create jobs, and housing. Thc Connty's efforts could compliment existing State and Federal funding by filling such gaps. . The fund could serve as a match to secure many other federal and state resources which require a match . When directed to housing, the County could address the quality of existing housing stock as well as public health concerns for children. . When directed to recreationalland/greenspace, the County could address a funding gap, a quality oflife, and a public health issue (exercise). . Significant projects, which have a countywide property tax impact, could be completed sooner and returned to the tax roles. . 3 . . . . Smaller communities without a large property tax base could tackle large, strategically significant parcels. Cons . Could result in many smaller projects, with the impact of the funding spread aronnd, and with more administrative work needed to track programs. . Funding would not be available for larger projects--with the small amount available, every dollar counts. . Because of smaller projects, it could be difficult to track cnvironmental progress over time. 1 Option #4: Create a grant program for a variety of small and medium-sized projects. Description: The County could create a grant program in which eligible entities could apply for funding that meets pre-established criteria. The County would issue grants in varying amounts for eligible purposes. This is similar to the approach used by Henncpin County. Examples: . The County could provide grants to a developcr to pay for environmental assessment costs not covcrcd by othcr funding. . Provide a grant to a municipality to pay for somc of the costs associated with clean up of small sites for dcvelopment, such as smaller commcrcial projects that are difficult to fund when competing with larger commercial projects. . Providc a grant to a municipality to conduct an environmental assessment on an "orphan" property. . Projects such as the suburban wide lead bascd paint project could be undertaken by the Public Health Department as IDJD funds are not available; it could be expanded to thc City of Saint Paul when HUD funds run out. . Smaller housing projects that need minimal clean up to mect housing standards could qualify. These are often infill projects and have bcen zoned commercial. Habitat for Humanity often works in these areas. Pros: . Helps fill gaps when other funding is not available. . Some of the smallcr communities would feel they had a shot at some of the money. Cons: . Significant administrative costs: The county would need staff time from several dcpartmcnts to design, implcment and monitor a grants program. Hennepin County uses 3-4 FTE's for three grant programs. Ramsey County does not currently have staff in this function. . Funding would be taken away from thc more significant projects--with the small amonnt available, every dollar counts. . Difficult to track the resulting environmental benefit. /0 . . . Minnesota Statutes 2001, 383A.80 MinnesotaStatutes 2001. Table ofCbapters .able oicgn!ev!s fOLCha~ter 3~3A 383A.80 Ramsey county deed and mortgage tax. Subdivision I. Authority to impose; rate. (a) The governing body of Ramsey county may impose a mortgage registry and deed tax. (b) The rate of the mortgage registry tax equals .0001 of the principal. te) The rate of the deed tax equals .0001 of the amount. Subd. 2. General law provisions apply_ The taxes -under this section apply to the same base and must be imposed, collected, administered, and enforced in the same manner as provided under chapter 287 for the state mortgage registry and deed taxes. All the provisions of chapter 287 apply to these taxes, except the rate is as specified in subdivision 1, the term "Ramsey county" must be substituted for lithe stater" and the revenue must be deposited as provided in subdivision 3. Subd. 3. Deposit of revenues. All revenues from the tax are "for the use of the Ramsey county board of commissioners and must be deposited in the county's environmental response fund under section 383A_8l. . Subd. 1. Expiration. The authority to impose the tax under this section expires January l. 2003. HIST, 1997 e 231 art 16 s 13; 1997 e 251 s 10; lSp2001 c 5 art 7 s 61 Copyright 2001 by the Office of Revisor of Statutesr State of Minnesota. . 1/ http://www.revisor.leg.state.mn.us/stats/383N80.html 5/23/2002 Minnesota Statutes 200], 383A.8\ Mirmesota Statutes 2001. T~]J]e of Chapters . Tablc of contents for Chapter 3Jl3ll, 383A_81 Environmental response fund a Subdivision 1_ Creation~ An environmental response fund is created for the purposes specified in this section. The taxes imposed by section .JJ2JA,_8:Q must be deposited in the fund. The board of county commissioners shall administer the fund either as a county boardr a housing and redevelopment authority, or a regional rail authority. Subd. 2_ Uses of fund. The fund created in subdivision 1 must be used for the following purposes: (1) acquisition through purchase or condemnation of lands or property which are pOlluted or contaminated with hazardous substances; (2) paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property; (3} paying for the costs of remediating the acquired land or property; (4) paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances; or . (5) paying for the costs associated with improving the property for economic development. recreational, housing, transportation or rail traffic. Subd. 3 _ Matching funds. In expending funds under this section, the county shall seek matching funds from. contamination clean up funds administered by the commissioner of the department of trade and economic development, the metropolitan council, the federal government, the private sector, and any other source. Subd_ 4. Bonds. The county may pledge the proceeds from the taxes imposed by section ~~~~.~Q to bonds issued under this chapter and chapters 398A, 462, 469, and _175. Subd. 5_ Priorities~ The first priority for the use of the environmental response fund created in this section is to clean up the site located in the city of St. paul known as tqe Dale Street Shops and Maxson Steel site or other sites at or near rail lines that are blighted and the clean up of which will lead to living wage jobs, and to improve the land for econo~ic. development_ Subd. 6_ Land sales. Land or property acquired under this section may be resold at fair market value~ Proceeds from the sale of the land must be deposited in the environmental response fund. . /d-- http://wv..w.revisor.lcg.state.mn.us/stats/383N81.html 5/23/2002 Minnesota Statutes 2001, 383A.81 Page I of2 Minnesota Statutes 200 I. Table of ChaQter~ _able oLcsmtents for. Chap1~r 383A 383A.81 Environmental response fund. Subdivision 1_ Creation. An environmental response fund is created for the purposes specified in this section. The taxes imposed by section )j.:?!\7_?Q must be deposited in the fund. The board of county commissioners shall administer the fund either as a county board, a housing and redevelopment authority, or a regional rail authority+ Subd. 2. Uses of fund. The fund created in subdivision 1 must be used for the following purposes; (1) acquisition through purchase or condemnation of lands or property which are polluted or contaminated with hazardous substances; (2) paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property; (3) paying for the costs of remediating the aCTlired land or property; . (4) paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances; or (5) paying for the costs associated with improving the property for economic development. recreational, housing, transportation or rail traffic~ Subd. 3. Matching funds~ In expending funds under this section, the county shall seek matching funds from contamination clean up funds administered by the commissioner of the department of trade and economic development, the metropolitan council, the federal government, the private sector, and any other source. Subd. 4. Bonds. The county may pledge the proceeds from the taxes imposed by section ~~?~_~Q to bonds issued under this chapter and chapters 398A, 462, 4691 and.475. Subd. 5. Priorities. The first priority for the use of the environmental response fund created in this section is to clean up the site located in the city of St. Paul known as the Dale Street Shops and Maxson Steel site or other sites at or near rail lines that are blighted and the clean up of which will lead to living wage jobs, and to improve the land for economic development_ Subd. 6. Land sales. Land or property acquired under .thiS section may be resold at fair market value. Proceeds from the sale of the land must be deposited in the environmental response fund. /3 http://www.revisor.leg.statc.mn.uslstats/383A/81.html 5/23/2002 Minnesota Statutes 2001, 383A.81 Subd. 7. DOT assistance. The commissioner of transportation shall collaborate with the county and any affected municipality by providing technical assistance ahd support in cleaning up a contaminated site related to a trunk highway or railroad improvement. HIST, 1997 c 231 arc 16 s 14; 1997 c 251 s 11,12 copyright 2001 by the Office of Revisor of Statutes, State of Minnesota. /f http://www.revisor.1eg.state.mn.us/statsl383A18 ] .hlml 512312002 . . . . . ~ . 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Lfrws C/ffrPtt:f- 3QOj S;t;c17oAJ .3 2002 / the following year. (h) In the case of class 4 residential property used as a residence for lease or rental periods of 30 days or more, the taxpayer must either: (I) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter, or lessee; or (2) post a copy of the notice in a conspicuous place on the premises of the property. The notice must be mailed or posted by the taxpayer by November 27 or within three days of receipt of the notice. whichever is later_ A taxpayer may notify the county treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to which the notice must. be mailed in order to fulfill the requirements of this paragraph. (i) For purposes of this subdivision, subdivisions Sa. and 6, "metropolitan special taxing districts" means the following taxing districts in the seven-county metropolitan area that levy a property tax for any of the specified purposes listed below: (1) metropolitan council under section 473.132, 473.167,- 473.249, 473.325, 473.446. 473.521, 473.547, or 473.834; (2) metropolitan airports commission under section 473.667, 473.671, or 473.672; and (3) metropolitan mosquito control commission under section 473.711. For purposes of this section, any levies made by the regional rail authorities in the county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A shall be included with the appropriate county's le-vy and shall be discussed at that county's public hearing. (j) If a stat_utory or home rule charter city or a town has exercised the local levy option provided by section 473.388, subdivision 7, it may include in the notice of its proposed taxes tl1e amount of its proposed taxes attributable to its exercise of the option. In the first year of the city or town I s exercise of this option, the st.atement shall include an estimate of the reduction of tJ1C metropolitan council's tax on the parcel due to exercise of that option. The metropolitan council1s levy sh~ll be adjusted accordingly. [EFFECTIVE DATE.] This secti9Il is effective_ for notices prepared after the day followinq final en,?:ctment. ~~1 3~ Minnesota Statutes 2000, section 383A_BO, -Slon 4 I is amended to read: Subd. 4. [EXPIRATION.) The authority to impose the tax under this section expires January 1, ~ ~008. Sec. 4. Minnesota Statutes 2000, section 383B.80, subdivision 4, is amended to read: Subd. 4. [EXPIRATION. l The authori ty to impose the tax under this section expires January 1, ~ 2Q08. Sec_ 5. Minnesota Statutes 2000, section 465.73, is amended to read: 465.73 [Tmm Hl',UC, rIm: IIl\LLC on Rescuc CQUIrrmNT, LOANS T~ P~LlTIC.'d. E'JfJDlVIUONS FUNDED OR SECURED UNDER UNITED STATES AGRICULTURE DEPARTMENT PROG~~.J For purposes of constructing, repairing, or acquiring ~ity DalJ~ town halls, fire halls or fire or rescue eqUipment aRyL or libraries or child <;are_ facilities if otherwise authorized bv law, a ci.ty, county, or town may borrow Yf3" not to SJ.SC',oC'O exceed ~'iSOL.OO-.2 from l.il funds granted to a rural electric cooperative organized under chapter 308A by, the United States DepartmeQ!_of Aqriculture_Rural Business-Cooperative Service or (ii) directly from or in the form_.of funds guaranteed by the r.:)nRcro Home l\dminietr:l.tion Rural Housinq Service or other agency of the United States Department of Agriculture eR- rS' NDU-07-2002 13:59 RCRD-CIUIL DIUISIDN 6512663032 -s '\:.- OFFICE OF THE RAMSEY COUNTY ATIORNEY SUITE 315 50 WEST KELLOGG BOULEVARD ST. PAUL. MINNESOTA 55102.1657 SUSAN GAERTNER County Anorney MEMO TO: Terry Lindeke, Director, Intergovernmental Relations Nick Riley, Intergovernmental R. e1ati~ns specialisYJ. Darwin 1. Lookingbill, Director, Civil DiViSiO~) July 14, 1997 . FROM: DATE: RE: Ramsey County Deed and Mortgage Tax During the last session of the legislature, Minn. Stat. 9 383A was amended to add a new section authorizing Ramsey County to impose a mortgage registry and deed tax. The proceeds of the tax are required to be deposited in an envirorunental response fund. You have asked whether the Ramsey Connty. Board needs to approve this legislation before it becomes effective. In addition, you have asked for guidance on the use of the funds raised by the tax, Although the amendment to Minn. Stat. S 383A is clearly a special law and special laws ordinarily require approval of the governing body of the local governmental nnit, this amendment appears to fall within an exception to the general rule. Minn. Stat. S 645.023 provides that a special law becomes effective without the approval of the affected local governmental unit if it "enables one or more local governmental units to exercise authority not granted by general law." Because there is no general law that allows counties to enact mortgage registry and deed taxes, this section would apply, As a result, the law will become effective on August I, 1997, regardless of any action by the Ramsey County Board. With respect to the expenditure of funds raised by the tax, Subd. 2 of the Act is the governing provision. That subdivision specifies that the funds must be used for: (1) acquisition through purchase or condemnation oflands or property which are polluted or contaminated with hazardous substances; /10 AdministtatiorJJuvenilc.Family Violence/Criminal (6]2) 266-3222 . FAX: (612) 266-30]0 Civil/Human SeIVices(612) 266-3111 . FAX: (612) 266-3032 P.02 ~ .~. . e . , . 6512663032 NOV-07-2002 13:59 RCAO-CIVIL DIVISION ~ Terry Lindeke, Director,. ..tergovemmental RelatIOns Nick Riley, Intergovernmental Relations Specialist Page 2 July 14, 1997 . . . (2) paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property; (3) paying for the costs of remediating the acquired land or property; (4) paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances; or (5) paying for the costs associated with improving the property for economic development, recreational, housing, transportation or rail traffic. In Subd. 5, the Act also provides for two co-equal priorities, the clean up of the Dale Street Shops and Maxson Steel site ill: other sites near rail lines that are blighted and the clean up of which will lead to living wage jobs and improve the land for economic development. Tbis subdivision, however, merely establishes the priorities for Board consideration aDd is not a mandatory first expenditure. If the legislature had intended that the fnnds be used for the clean up of these sites prior to any other use, such language could have been inserted in the Act. DJL :cmm 17 P.03 TOTAL P.03 DT 0021002 \~NESOr' + .oj L~ -Trade&- Economic Developplent ~\:sil\e~!; & Commtlnil)' Dc.ve:{upr'rle.nt www.dred.srate.mn.us November 12,2002 Denise Beigbeder Ramsey County Community and Economic Development 15 West Kellogg Blvd St. Paul, Mn 55101 Dear Denise: I am pleased to learn that Ramsey County is considering the creation of a contamination cleanup fund to assist with the cleanup of brown field sites in the County. The establishment of an additional funding source will be a welcomed tool for land recycling projecls. The cleanup of browl1field sites can be verY expensive. Most often, they are successfully cleaned and ultimately redevelopment through a variety of funding sources and partnerships. J an1 excited for tbe opportunity to work with Ran1sey Connty on these challenging siles. Your financial contribution will have a positive impact on efforts to revitalize polluted sites within the county and bring them back into productive use. T look forward to adding Ramsey County to the list of financial partners in efforts to cleanup brownfield sites to strengthen our commnnities. I commend you on your efforts as you move forward in the creation of an environmental cleanup fund. Together, our financial partnerships can help build a brighter future for a healtby and economically productive environment. Sincerely. < ;~U/&P~k eredith Udoibok, Director Brownfield and Community Assistance Minnesota Deparnnent of T)i'?d"t?Ta\~ Economic Devdopment /;. (\~ L ,""~ 11-, . 500 Meno Square . 121 7th Place Eil~lif. 5H!Bi( I. Mmnesota 55101.2146 · USA \.J'r'_i';:-:-,~,;~-r-u'" ((;/ 601-297-1291 . 800-657-3658 . Fi:<<~<U!J2'%5Z87 . TTY/TDD 800-627-3529 /J' . . . . . . (This memorandum and survey was distributed via email to all municipalities in Ramsey County. A reminder email was sent to the entities who did not respond by the due date, and community development directors in the municipalities that did not respond were also sent a follow-up email.) MEMORANDUM TO: Municipal Administrators in Ramsey County FROM: Paul Kirkwold, County Manager SUBJECT: Survey on Environmental Response Fund DATE: October 7,2002 The Ramsey County Board of Commissioners is exploring the possibility of creating an Environmental Response Fund (ERF) by imposing additional mortgage registration and deed taxes, which is authorized by Minnesota Statute 383A.80. At the September 18 meeting with municipal administrators, we discussed the legislation pertaining to the ERF and potential ways to spend the dollars if the County Board decides to impose the additional taxes. (If you need additional background information on the ERF, please call Marsha Kurka, Policy Analyst, at 651-266-8018.) The municipal administrators agreed that it would be beneficial to conduct a survey of the potential projects that exist in all of the municipalities, their proposed uses and impacts and the existing resources. This would give an idea of the magnitude of choices available for expenditure of ERF funds. The survey will then be compiled and shared with all the municipalities. Attached is the survey for you to complete. Please return it by October 16 via email to marsha.kurkaralco.ramseV.mn.us, or via U.S. mail to Marsha Kurka, Senior Policy Analyst, Ramsey County Manager's Office, 15 W. Kellogg Blvd., #250, St. Paul, MN, 55102. If you have any questions about the survey, contact Marsha at 651-266-8018. Mk Attachment J1 SURVEY OF RAMSEY COUNTY MUNICIPALITIES ON ENVIRONMENTAL RESPONSE FUND . Name of Municipality: Address: Contact Name & Phone: 1. Described below are the purposes for which the Environmental Response Fund must be used per Minnesota Statute 383A.81, Subd. 2. Please rank them 1-5 in order of preference. Acquisition through purchase or condemnation of lands or property which are polluted or contaminated with hazardous substances. Paying the costs associated with indemnifying or holding harmless the entity taking title to lands or property from any liability arising out of the ownership, remediation, or use of the land or property Paying for the costs of remediating the acquired land or property . Paying the costs associated with remediating lands or property which are polluted or contaminated with hazardous substances Paying for the costs associated with improving the property for economic development, recreational, housing, transportation or rail traffic. 2. Please rank the following statements from 1-5 in order of preference. _ The County ERF should fund one or two significant projects that can have Countywide impact. _ The County ERF should be distributed to cities/towns for their use, according to some formula to be developed. _ The County ERF should be used for environmental response in priority areas that other funds, such as the Metropolitan Council and the Department of Trade and Economic Development, do not cover, such as housing/residential properties. _ The County should not collect an ERF. _ The County should create a grant program to make funds available for a variety of small and medium sized projects. . 01.0 . . . 3. List three to five examples of projects in your community that could benefit from the ERF. For each project listed, provide the following: . Project Type (e.g., landfill, housing rehabilitation, soil cleanup), including the type of environmental problem to be addressed. . Project principals (e.g., landowners, developers, contractors) . Proposed Use of Property . Proposed use of the ERF for this project . Type of Impacts and where the benefits accrue (e.g., economic development, jobs, reduced County taxes) . Existing Resources (include all past, current and future funding sources) 4. Other Comments Please return the survey by October 16 to Marsha Kurka via email at marsha.kurka(Ci1co.ramsev.mn.us or Ramsey County Manager's Office, 15 W. Kellogg Blvd., #250, St. Paul, MN 55102. c2{ N o - ll'l - ..... ..... III C o :;: Co o Q) > u: "C C III III Q) III o Co .... ::I ll.. n; .;: III 0 -- "5.a III III Q)- a:(/) - o 1: g> ::I .- (/)~ III a: u Ct: ::I '" 2ll.. '" :?: <( cr Fj~ '" " '" -' >:: 2 ..... co ~ ~ co '" " '" " ~ f- 0) 5: " '" N lr) -' 0) . 5: : I > '" I- J-.-- > (f) lr) " ~ N a. f- (f) ~ lr) " (Y) N a. (f) z N lr) ..... (Y) lr) o z m z > ::;: lr) 0') ..... N " 5: ::;: o ..J 0') LD N ..... " o ..J ..J CJ : I u.. lr) " ..... N 0') I 4: lr) " N ..... 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Q) Q) x c :6<019 I-ctJ 2 CD <0 C'- ~ E Cl..ro..c~ 0 ro.~r-cO)rn (])"'Ou.irooQ) f/) >....... w- ::I=Q)......<O.s rotOS<DroE 0.20"'0- (1)- cQJQJ .n m >.::J ...... ..c ..c..o_=_ ,S!2 0...-0 C ro~ ..c E Q) <D f/) c ::a>"5EQ)~ <D 0- <D U) ~-o O)::l"O U)Q)Cl..ma.>"'S C :J (I) C U) 0 ro.!; Q) m 1? ~ oc'~ E~- COU)-U..~ cuo.C<Do roQ):Jro..x:_ o>c-u5~ > co I- Q) tr.i., Q) co "-..c =O)ooro....... '-.::L (I) IV (I). I co B >.(1) Q) c --.J ........ Q):;::: Q) E U) c........:; -0 -o::>:.c-- L-IDCO>t5 <tt?2o>ro . Q) "' '" 5 - o ro '" > o > c >- Q) "'" '0< t5 '" '0 L a. ::> - "' "' '" u u ::> '" <{ . . . . . . . Part II - Examples of Proiects . Question: List 3-5 examples of projects in your community that could benefit from the ERF. Arden Hills - Joe Lynch, City Administrator The City of Arden Hills has a huge potential candidate for such a program, TCMP. I am not sure that it is fair or necessary for us to consider such a fund for the acquisition of such a large parcel of property in Ramsey County, particularly if it would be at the expense of other, similar such circumstances of a smaller size in the County. On the other hand, if this is collected from those refinancing or purchasing homes in the County, some of those people are Arden Hills residents and we would want our share of those dollars available to the City. Falcon HeiQhts - Heather Worthington, City Administrator The City has one project currently underway which might qualify for funding from an ERF: Housing Project, SE Corner of Snelling and Larpenteur Avenues. Project principal: Developer-driven. . Housing and minor retail use. . Moderate soil contamination from petroleum. Additional 200 units multi-family and single family housing, additional tax base, some job impact. Resources: Possible DTED, also for housing, MHFA, County, Met Council (in process), small amount of TIF. . Lauderdale - Rick Getschow 1. Small Housing Rehab projects with landowners as project principals. ERF would be used as one financing tool when other available resources are limited. For instance, ERF could be used when the applicant barely does not qualify for the income requirements of the MHFA or County programs. 2. Major Housing Rehab projects with developers and/or landowners as project principals to redevelop substandard or blighted housing. ERF would be one financing tool of many. 3. Any other economic development project where soil clean-up is involved. ERF could provide additional financing where funds in Met Council or state programs may not be available or are difficult to obtain. For instance, smaller commercial projects sometimes have a more difficult time receiving land clean-up grants than larger commercial or industrial projects. Little Canada - Joel Hanson Example #1: The City has been involved in acquiring substandard houses to help redevelop an area or just to eliminate blight. The demolition of these structures is relatively expensive when compared to the acquisition cost. Asbestos and other hazardous substance evaluations and abatement drive the cost up even further. The use of ERF dollars could help alleviate that problem. The City has typically been the principal. Sometimes we end up transferring the property to a developer for a redevelopment project and sometimes we just remove the structure to eliminate blight then holding it until a better opportunity comes along. Our past experience has resulted in the property being reused for a townhome development, future park development, an office project, and office/warehouse. Types of impact are elimination of blight and if redevelopment results, increased tax base, job retention/creation, better reuse of parcels. The main resources we have used to date are Park Land Acquisition Funds, TIF, and City CIP funds. . Example #2: A different twist on a potential use of these funds could be to address soil correction uses to make land available for redevelopment. While I'm not sure if this would be an eligible use, I believe we could put such a program to work in areas where existing soil conditions prohibit quality development. It would be an alternative or supplement (depending on 1 023 the conditions) to TIF. I believe the other details would depend on the circumstances, but I would see this option aimed at larger. commercial/industrial users. I do not have a third example as I believe it would be very similar to the types of uses other . cities would propose; i.e. clean-up of a contaminated site. The comments listed reflect only my opinion and are not the official position of the City of Little Canada as our elected officials have not reviewed this material. Mounds View - Jim Erickson, Community Deve/opment Director a. Soils corrections. There are multiple properties in the City where contamination may have occurred. The ERF could be used to assist in the remediation of such sites to facilitate redevelopment and to protect the City's water supply. b. Groundwater contamination. While not strictly indicated as one of the statutory defined purposes, the quality of the City's groundwater could at some point be compromised either from an existing land use or as a result of former land use activities outside of the City's jurisdictions. Soils corrections and well-head modifications could become necessary. c. Environmental Assessment. From time to time, the City acquires properties for public purposes. Environmental assessments need to be accomplished to protect the City's interests and to ascertain any environmental risks not known or disclosed. North St. Paul - Wally Wysopal 1. City Public Works Garage for soil clean up due to leaking gas tank. Goal is to move the operation and redevelop the site as commercial. Parcel located in downtown. 2. Anchor BlocklShyfsky's asphalt plant- Business to be relocated due to Highway 36 reconstruction in 2006 which is a City and County project. EAS indicates properties are on the EPA spills list. Intent to bring a corporate head quarters to the 40-acre site, which will . include a new interchange at McKnight Rd. and 36. Roseville - Dennis Welsch, Community Development Director 1) Twin Lakes Redevelopment Project a. Proiect Type: 170 acres of redevelopment areas including industrial truck terminals and industrial properties. Soil contamination is likely present with possible ground water contamination. b. Proiect principals - a mix of long time landowners, investment companies and developers. c. Proposed Use of Property - future uses include up to 3 million square feet of a mix of office, service retail and housing (500 units) in a livable, walkable and workable land use pattern. d. Proposed use of the ERF - acquisition of parcels for redevelopment and infrastructure, costs associated with remediation not covered by other grants such as DTED, Met Council and EPA and matching funds required by other contamination clean up funding sources. e. Type of Impacts and where the benefits accrue - Twin Lakes is estimated to generate $300 million in new value, 5.000 new jobs with annual payroll of $400 million, 500 new housing units and a significant increase in local, state and County taxes. f. Existinq Resources - EPA Grant funds, Met Council Clean up funds and Met Council Planning funds and TIF. Future resources include the same as above plus Ramsey County CDBG, HUD and HOME funds for housing, MHFA, Met Council Livable Communities funds, MnDot State Aid funds, Assessments, TIF, Tax Abatement and hopefully the ERF funds. . 2) Tank Farm Redevelopment & Extension of 280 to County Road C 2 o?-f . . . a. Proiect Tvpe - 55 acres of tank farm land with severe contamination and redevelopment issues that are unknown at this time. b. Project principals - Landowner under contract by Williams Energy interested in redevelopment. c. Proposed Use of Property - future uses include new industrial and high tech office and showroom business park. Roseville is a prime location for multi tenant and single use ownership manufacturing and high tech businesses that employ quality head of household jobs. The site could also include some retail to serve the business park and other industrial area workers. The site is also a connector for the 280 extension to County Road C which will serve as a reliever to 35W. d. Proposed use of the ERF - Infrastructure of 280 extensions, costs associated with remediation not covered by other grants such as DTED, Met Council and EPA, matching funds required by other contamination clean up funding sources and clean up funds. e. Tvpe of Impacts and where the benefits accrue - The site could generate significant increase in taxes plus provide great head of household jobs for Ramsey County residents. In addition the 280 extension provides a traffic reliever to 35W. f. ExistinQ Resources - No current existing resources on this project. Future resources include EPA Grant funds, Met Council Clean up funds, DTED Contamination funds, TIF, Tax Abatement. Ramsey County CDBG funds, Met Council Livable Communities funds, Assessments, MnDot road funds and hopefully the ERF funds. ' 3) Paper Cal Redevelopment a. Proiect Tvpe - 32 acres of old dilapidated industrial buildings. Potential contamination is likely based upon past activities on the site but extent is unknown at this time. b. Proiect principals - One single landowner interested in redevelopment. c. Proposed Use of Property - Future uses include a mix of big box retail and corporate offices due to its access and visibility from 35W and Hwy. 280. d. Proposed use of the ERF - AcquiSition costs for infrastructure, costs associated with remediation not covered by other grants such as DTED, Met Council and EPA, matching funds required by other contamination clean up funding sources and clean up funds. e. Tvpe of Impacts and where the benefits accrue - The site would generate significant increase in taxes plus provide a range of head of household jobs for Ramsey County residents. 1. Existinq Resources - No current existing resources on this project. Future resources include EPA Grant funds, Met Council Clean up funds, DTED Contamination funds, TIF, Tax Abatement, Ramsey County CDBG funds, assessments and hopefully the ERF funds. Vadnais Heiqhts - Jerry Urban Project Tvpe: With a legislative amendment, we have a substantial demolition landfill that needs financial assistance in order to allow substantial tax base impacts. Other projects in the future will be service station and auto repair service facility cleanups. Proiect principals: various landowners and developers. Proposed Use of Property: Commercial development and housing, including senior housing. Proposed use of the ERF: Matching fund grants for projects listed above. Tvpe of Impacts and where the benefits accrue: Significant development which would increase city and county taxes generated, which would also reduce the need for TIF financing. ExistinQ Resources: we have had to use, very limited, pooled Tax Increment Financing monies from other districts. ;zS 3 White Bear lake - Mark Sather This question assumes the city has a polluted site for which there is not a responsible party with assets. Is your example of housing rehabilitation predicated on the assumption that the housing is on a polluted site? If a city does not have a polluted site for which the eligible uses apply or if remediation is accomplished through the responsible party or owner, you could not list project examples other than those listed in 383A.81 Subd.2. . White Bear Township - Bill Short I cannot think of any projects in the Township that could benefit from the ERF that haven't already utilized some other sources or combination of sources. ~ Part III - Other Comments Mounds View Should the County collect an ERF? From the City's perspective, I would think there would be a definite benefit having access to funds to offset the cost of environmental remediation. From a more regional perspective, it would also seem beneficial to have funds available to remediate larger sites within the County for public environmental and redevelopment purposes. Roseville Roseville has 16 redevelopment districts of which only 5 have been successfully redeveloped. Roseville anticipates due to the industrial nature of the sites that some level of environmental clean up will be necessary within all of the districts. The ERF funds would be helpful to fill the gaps where current cleanup funds are not available such as for acquisition, demolition, soil corrections and other typical redevelopment costs. The County should also develop a policy for use of tax abatement that can serve as an alternative and addition to Tax Increment Financing and as a key tool in the entire redevelopment toolbox. . Vadnais HeiQhts Legislation should be sought to allow funds to be used to assist in the cleanup of non-polluted demolition landfills, which properties will be used for economic development or housing. White Bear lake 1) Sunset date of 1/1/03 (383A.80 Subd. 4). Did the County receive an extension? 2) Priorities. 383A.81 Subd. 5 states "the first priority for the use of the environmental response fund created in this section is to clean up the site located in the City of S1. Paul known as the Dale Street Shops and Maxson Steel site..." How does this requirement fit with your plans? Could this be a S1. Paul sponsored bill that would collect a tax in the suburbs to be spent in the City of S1. Paul? What is the status of the State/Federal petro fund and the Superfund? It made much better sense to tax the sources of pollution for clean up than to tax mortgage registratiOnS. What is the source/use argument in favor of this tax? Cleaning up polluted sites is a good idea but this tax for Ramsey County residents makes little public policy sense. Even the economic development/job creation argument is weak in this case. The benefit transcends the county and therefore the tax or revenue source should also. The county is too small to justify this tax. . dJ.(p 4 . . . ~ EN HILLS MEMORANDUM DATE: Agenda Item 8.C December 6, 2002 TO: Mayor and City Council Joe Lynch, City Administrator tJiJPS Hazardous Material Response Vehicle Joint Powers Agreement FROM: SUBJECT: ENCLOSURES: Charles LeFevere Letter, October 8, 2002 2002 Joint Powers Agreement Proposed 1992 Joint Powers Agreement Signed Backl!round The City of Arden Hills has been in a Joint Powers Agreement with the Lake Johanna Fire Department and the cities of North Oaks, Shoreview, and New Brighton since 1992, regarding the shared use of a Hazardous Material Response Vehicle. The Lake Johanna Fire Department serves as the City of Arden Hills representative in the Joint Powers Agreement (Lake Johanna Fire Department can not make financial commitments for the City of Arden Hills without prior approval - this would be obtained through the Budgetary Fire Board). The original 1992 Joint Powers Agreement a.) outlines the parties of the Joint PowerS Agreement, b.) outlines the party or parties who makes decisions on purchases of vehicles, and c.) establishes an Operations Committee and the responsibilities for capital and operational supply costs. The proposed 2002 Joint Powers Agreement allows for the withdrawal of the City of Roseville and the entry of the cities of Vadnais Heights and Falcon Heights into the Joint Powers Agreement. Those parts of the Joint Powers Agreement which are different from the original, 1992 Joint Powers Agreement are: · Membership for the Cities of Vadnais Heights and Falcon Heights · Withdrawal of the City ofRoseville from the Joint Powers Agreement · Designation of the Lake Johanna Fire Department as a designee for the cities of Arden Hills, Shoreview and North Oaks · Expands upon the duties and responsibilities of the operations committee, the powers and duties to enter in their contracts and employs such persons as it deems necessary Memo to Mayor and City Council December 6,2002 HMRV Joint Powers Agreement Page 2 of2 Those parts of the Joint Powers Agreement which remain the same include: . Allocation of costs . Operation and Maintenance of Hazardous Response Vehicle -Replacement of equipment and supplies -Storage and maintenance of vehicle . Personnel training . Non exclusive HMRV use . Supervision ofHMRV at an emergency withdrawal . Capital City Mutual Agreement Recomlnendation Staff recommends that the Council approve the Joint Powers Agreement, contingent upon the review by the City Attorney and approval as to form and language. . . . Keimedy '. 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 tekphone (612) 337-9310 fox http://WW\\I_kennedy~graven.com - H A RifT ERE D CHARLEsL_LEFEVERE Attorney at Law Direct Dial (612) 337-9215 email: clefevere@kennedy-graven.com October 8, 2002 Mr. Bob Jacobson Director of Public Safety ~ City of New Brighton 803 Old Highway 8 NW New Brighton MN 55112-2792 ~" . -...:' ;. ., ,> 1 . l~' ~ .-~- "'~ RE: Hazardous ]\1,a,teri111 ResPQn~e>:Vehil:1b . Dear Bob: Attached is a revised draft of the Joint Powers Agreement for the hazardous materials response vehicle. I have incorporated comments from Roger Jensen, the attorney for the Lake Johanna Fire Department, in paragraphs 2.1, 11.5, and '11.6. With the exception of adding the cities of Falcon Heights and Vadnais Heights, the agreement is the same as the previous draft. "J ~ " (_~!.~ ". I ,r~/" *'~. ': }", -:~.. ~,-- L ~." " "," " If the agreement is acceptable to you, 1 would recommend that you forward it, through the Public Safety Departments of Fa1con Heights and Vadnais Heights, to the city attorneys of those cities. It is most helpful if these Joint Powers Agreements can be reviewed by all city attorneys before they are forwarded to the city councils for approval. By copy of this letter to Roger Jensen, attorney for the Lake Johanna Fire Department, I am requesting that he forward the draft to the city attorneys for the cities of Shoreview, Arden Hills and North Oaks for'their review. After all city attorneys have reviewed the draft, it can be submitted for considerati'bn to the councils of the cities who wish to be members. Please give me a call if you have any questions. Very truly yours, ~ Charles L. LeFevere CLL:lh Enclosure . cc: Mr. Roger Jensen (with enclosure) CLL-221584vl NE136-21 JOINT POWERS AGREEMENT HAZARDOUS MATERIALS RESPONSE VEHICLE THIS AGREEMENT made and entered into this _ day of , 2002, by and between the Cities of New Brighton, Shoreview, Arden Hills, North Oaks, Falcon Heights and Vadnais Heights (which, together with any cities hereinafter joining in this Agreement pursuant to Article III are hereinafter referred to individually as the "Party" or collectively as the "Parties"), each being a Minnesota mnnicipal corporation. I. BACKGROUND 1.1 The Cities of Shoreview, Arden Hills and North Oaks contract for fire protection services with the Lake Johanna Fire Department, Inc. (hereinafter called "LJFD"), a nonprofit Minnesota corporation. 1.2 Each party desires to have for its use a specially equipped emergency vehicle designed to carry equipment and supplies necessary for the abatement and/or containment of hazardous materials leaks and spills (Hazardous Material Response Vehicle or "HMRV"), and special personnel protective equipment needed for such purposes. 1.3 It is more economical for each Party to share the costs of one such equipped vehicle rather than each Party purchasing, equipping and maintaining its own such vehicle. 1.4 The Parties are authorized to enter an agreement for the joint and cooperative exercise of powers common to them pursuant to Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual covenants herein recited, it is agreed that: II. LAKE JOHANNA FIRE DEPARTMENT 2.1 Lake Johanna Fire Department Inc. The Cities of Shoreview, Arden Hills and North Oaks hereby designate the LlFD, or its designee, as their representative for purposes of this Joint CLL-219977vl NE 136-2 I . . . . . . Powers Agreement. Such representative shall have one vote and shall serve on the Operations Committee described in Article IV. This designation shall survive the withdrawal from this Agreement of anyone or two of the cities named in this paragraph. III. MEMBERSHIP 3.1 The initial Parties to this Joint Powers Agreement are New Brighton, Shoreview, Arden Hills, North Oaks, Falcon Heights, and Vadnais Heights. 3.2 Any city is eligible to become a Party. 3.3 A city may become a Party upon the nnanimous approval of the members of the Operations Committee, the adoption of a resolution authorizing execution of this Agreement and the filing with the Operations Committee of a certified copy of such resolution and an executed copy of this Agreement. The Operations Committee may impose reasonable conditions on the admission of Parties and establish procedures for removal of a Party for cause. IV. OPERATIONS COMMITTEE 4.1 Each Party will appoint one member to the Operations Committee. Except as provided in paragraph 2.1, each member will have one vote. A Party may appoint an alternate member who may attend meetings of the Operations Committee and vote in the absence of that Party's member. 4.2 Except as provided in paragraph 2.1, members of the Operations Committee will be appointed by resolution of the cities that are Parties. 4.3 Members of the Operations Committee will serve nntil their successors are appointed and qualified by the city appointing them. 4.4 Members of the Operations Committee may not vote by proxy. 4.5 A member of the Operations Committee may be denied the right to vote if the Operations Committee determines by a 2/3 vote of the other members that the Party represented CLL.219977vl NE136.21 2 by that member is not in compliance with this Agreement. V. MEETING . 5.1 The members of the Operations Committee will conduct an organizational meeting no later than 30 days after this Agreement is approved and executed by the initial Parties. At the organizational meeting, or as soon thereafter as is reasonably possibie, the members will elect officers and adopt such by-laws and other procedures governing the conduct of its meetings as it deems appropriate. 5.2 The Operations Committee will conduct an annual meeting at the date and place specified in its by-laws to elect officers and to nndertake such other business as may properly come before it. The Operations Committee may provide for a schedule of regular meetings. 5.3 A special meeting of the Operations Committee may be called by the president or by the secretary-treasurer upon written request of such number of members of the Operations Committee as is specified in the by-laws. Notice of a special meeting must be mailed to . members no fewer than five days prior to the special meeting. Business at a special meeting is limited to matters contained in the notice of the special meeting. VI. OFFICERS 6.1 The officers of the Operations Committee will be a president and a secretary- treasurer elected for a term of one year by the members at the organizational meeting and at the annual meeting. The Operations Committee may designate members to act as officers in the absence of any officer. 6.2 The president will preside at meetings of the Operations Committee. The secretary-treasurer is responsible for records of proceedings of the Operations Committee, the funds and fmancial records of the Operations Committee, and such other matters as may be allocated to the secretary-treasurer by the Operations Committee. . CLL.219917v 1 NEIJ6-21 3 . . . 6.3 The president and the secretary-treasurer must sign vouchers or orders disbursing funds of the Operations Committee. Disbursement will be made in the method prescribed by law for statutory cities. 6.4 The Board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time. VII. POWERS AND DUTIES 7.1 The Operations Committee may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. 7.2 The Operations Committee may: 7.2.1 Enter into contracts to carry out its powers and duties; 7.2.2 Provide for the prosecution, defense or other participation III the proceedings at law or in equity in which it may have an interest; 7.2.3 Employ such persons as it deems necessary on a part-time, full-time or consultant basis; 7.2.4 Purchase, hold or dispose of personal property; 7.2.5 Contract for space, commodities or personnel services with a Party or group of Parties; 7.2.6 Accept gifts, apply for and use grants or loans of money or other property from the State, the United States of America and from other governmental nnits and may enter into agreements in connection therewith, and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. 7.3 The Operations Committee shall consult with the League of Minnesota Cities Insurance Trust to determine whether the activities of the Operations Committee CLL.219977vl NE136-21 4 will be covered nnder the liability insurance policies of the member cities and, if not, wiH secure such insurance as the Operations Committee deems appropriate provided coverage . limits are at least equal to the limits of liability set forth in Minn. Stat. 9 466.04. VIII. FINANCIAL MATTERS 8.1 The fiscal year of the Operations Committee is the calendar year. 8.2 The Operations Committee shaH adopt an annual budget within 30 days of the effective date of this agreement for 2002 and 2003 and prior to July 1 of each year for the years 2004 and thereafter. The Operations Committee will give an opportunity to each Party to comment on or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Party. The budget is deemed approved by each Party unless, prior to October 10 of that year, a Party gives written notice to the secretary-treasurer that the Party is withdrawing from this Agreement at the end of the year as provided in this Agreement. . 8.3 Operational costs shall be shared according to a method determined by majority vote of all of the members of the Operations Committee, which method shall be specified in the budget. This method may include membership dues and fees, charges for services to Parties, contributions in kind, proceeds of grants, or any combination thereof. 8.4 Billings to Parties are due and payable no later than 30 days after mailing. In the event of a dispute as to the amonnt of a billing, a Party must nevertheless make payment as billed to preserve Party status. The Party may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days will result in suspension of voting privileges of the Party's committee member. Failure to pay a billing within 120 days is gronnds for termination of participation as a Party, but the rights of the Operations . Committee to payment of the billing are not affected by such termination. CLL-219977v I NE136-21 5 . . . IX. WITHDRAWAL 9.1 A Party may withdraw from participation in the Agreement no later than 30 days after the adoption of the budget by giving written notice to the secretary-treasurer of the Operations Committee. The notice shall be accompanied by a certified copy of a resolution adopted by the city council of that Party authorizing withdrawal from membership. The withdrawal is effective at the end of the calendar year in which notice is given. 9.2 The withdrawal of a party does not affect that Party's obligation to pay fees, charges or contractual charges for which it is obligated nnder this Agreement. X. DURATION AND TERMINATION 10.1 This Agreement continues in effect indefinitely nntil terminated in accordance with its terms. 10.2 The Operations Committee may be dissolved and this Agreement terminated upon adoption of resolutions providing for termination by the city conncils of two-thirds of the Parties then in good standing. This Agreement shall also be terminated and the Operations Committee dissolved upon the withdrawal of all Parties leaving only one Party remaining. 10.3 In the event of dissoiution, the Operations Committee will determine the measures necessary to effect the dissolution and provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement and law. 10.4 In the event of dissolution, following the payment of all outstanding obligations, assets held by the Operations Committee will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If obligations exceed the assets of the Operations Committee, the net deficit of the Operations Committee will be charged to and paid by the then existing members in direct proportion to the annual membership contributions of the year of dissolution. CLL-219977vl NE136.21 6 10.5 At the time of a contribution in kind by a Party, the Operations Committee may . make such commitments as it deems reasonable for the return of the property to that Party in the event of withdrawal by the Party or dissolution of the organization. XI. OPERATION AND MAINTENANCE OF HAZARDOUS MATERIALS RESPONSE VEHICLE 11.1 Management of the vehicle, that is, selection of supplies and equipment, exterior vehicle color and markings, configuration and type of all equipment monnted on and within the HMRV, and all other day-to-day operational activities needed to fully implement this agreement, is vested in an Operations Committee. 11.2 The Operations Committee may determine that one Party will maintain registered ownership of the vehicle and maintain motor vehicle insurance on it. To the extent anyone Party bears insurance costs on the vehicle its costs shall be reimbursed or recognized as a contribution by the Operations Committee. . 11.3 Furnishing of Specialized Equipment. The Parties' representatives will confer and agree upon the specific type and quantities of specialized hazardous materials equipment, supplies, personnel protective gear, and ancil1ary items necessary to equip the vehicle. The Parties agree to share the cost of these items and the expense of furnishing cabinets or other interior fixtures needed in the vehicle in accordance with paragraph 8.3. 11.4 Replacing Equipment and Supplies. Unless otherwise agreed to by all Parties' representatives, equipment and supplies used from the vehicle shall be replaced promptly by the party who used and expended the items. If a Party fails promptly to replace the items, the other Parties may make the replacement and invoice the defaulting Party for such costs. It is intended that the vehicle shall be fully equipped at all times with the equipment and supplies agreed to by the Parties. . CLL-219977v I NE136-2! 7 . . . 11.5 Storage and Maintenance of Vehicle. The Cities of Shoreview, Arden Hills and North Oaks agree to permanently store the HMRV at a LJFD station approved by the Operations Committee at no cost to the other Parties for said storage and to arrange for routine maintenance of the vehicle. Normal operating and maintenance costs, e.g., fuel, oil, tires and battery, will be shared by the Parties in accordance with paragraph 8.3 and invoiced by LJFD. Extraordinary vehicle expenses, i.e. major repairs in excess of $2000, shall be submitted to the Operations Committee for prior approval and if approved, paid in the same manner as normal maintenance expenses. 11.6 Emergency Response of HMRV. The Parties may summon the vehicle to an incident within their respective areas of fire protection responsibility in the same manner as they request mutual aid from LJFD. LJFD will provide a response with the vehicle in the same manner as LJFD would respond to a mutual aid request. It is nnderstood that LJFD is subject to a priority obligation of providing fire suppression forces within its own communities and/or mutual aid district. If no personnel are at LJFD's station due to other fire emergency calls, the requesting Party for the HMRV will make alternative arrangements as necessary to provide a response with the vehicle. 11. 7 Non-Emergency use of HMRV. Each Party may use the vehicle for training of its own personnel and display purposes. The requesting Party shall be responsible for providing an operator to drive the vehicle between LJFD and the vehicle's destination, The requesting Party must advise Ramsey County Emergency Commnnications Center of the vehicle's status in the event it is needed at an emergency. If it is summoned during a non-emergency use, the Party having it shall provide a response with the unit to the emergency scene with at least two firefighters. 11.8 Contamination of HMRV. A Party using the HMRV with resulting contamination CLL-219977vl NE 136-2 1 8 to the vehicle and/or its equipment, producing a possible personal hazard to nnprotected persons, is responsible for decontaminating the vehicle and/or equipment so that no personal hazard exists. . Decontamination expenses shall be borne solely by the Party that used the vehicle causing the contamination condition. 11.9 Cost of Consumable or Expended Supplies. All items of supply, equipment, or protective gear on the vehicle that were consumed, expended or rendered unfit for further use, at an incident or other activity by a Party shall be promptly replaced by that using Party at its sole expense. 11.1 0 Personnel Training. Each Party shall be responsible for the training of its own personnel in the proper use, storage and maintenance of the equipment and protective gear in the HMRV. To assure a reasonable standard of care and proper usage of the equipment, each party shall designate a training officer for this purpose. They shall be responsible for developing guidelines acceptable to all Parties governing proper use of equipment, storage of equipment in . the vehicle, and necessary equipment maintenance. 11.11 Non-Exclusive HMRV Use. It is nnderstood that each Party is obliged to respond to fire service emergencies outside its own corporate service bonndaries, and such activities may necessitate use of the HMRV. The Parties nnderstand that the vehicle may not be available when needed within their own respective primary response districts due to the vehicle's prior commitment. However, in such situations, the party using the HMRV will use its best effort to make the vehicle available, if possible, to the Party needing it on an emergency basis. 11.12 Supervision of HMRV at an Emergency. The Party requesting the HMRV shall be responsible for its use. Personnel responding .with the vehicle will report with the vehicle to the requesting Party's designated officer and be subject to that officer's directions. In the event use of the HMRV at an emergency is expected to last more than one hour, the requesting Party . CLL.219977vl NEIJ6-21 9 . . . shall supply its own personnel as substitutes for the driver and attendants on the HMRV, and transport those initial responders back to their own station. 11.13 Capitol City Mutual Aid Agreement. Except. as expressly modified herein, the relationships and obligations of the parties shall be subject to the provisions of the Capitol City Mutual Aid Association Reciprocal Fire Service Agreement. IN WITNESS WHEREOF, the undersigned, on behalf of the aforedescribed Parties, have set their hands. CITY OF NEW BRIGHTON By Its Mayor And By Its City Manager CITY OF SHOREVIEW By Its And By Its CITY OF ARDEN HILLS By Its And By Its CLL-219977v I NE136-21 10 CITY OF NORTH OAKS By Its And Its CITY OF FALCON HEIGHTS By Its And Its CITY OF VADNAIS HEIGHTS By Its And Its CLL-219977vl NE136-21 11 . . . . . . . 1,;1 1 t;.+' t, ttl'v/ ~" SHARED SERVICE AGREEMENT HAZARDOUS MATERIALS RESPONSE VEHICLE ~ I. PARTIES. This Agreement is entered into this 27 ~ day of ~~ ' 199~, by and between the Cities of Arden Hills, New Brigh on, North Oaks, Roseville, Shoreview and the Lake Johanna Fire Department, Inc., a Minnesota non-profit corporation (hereinafter "LJFD"). II. RECITALS. The purpose of this Agreement is to provide for, maintain and equip a Hazardous Materials Response Vehicle (hereinafter "HMRV") which can used to abate and/or contain hazardous material leaks and spills occurring within the Cities of Arden Hills, New Brighton, North Oaks, Roseville and Shoreview; and to further provide a mechanism to insure that the members of the New Brighton Fire Department, the Roseville Fire Department and the LJFD are trained and equipped to operate the HMRV. Each party to this Agreement has concluded that this type of equipment, training and service is more economically feasible if provided by means of a Shared Service Agreement. At the present time, the LJFD provides fire protection services to the Cities of Arden Hills, North Oaks and Shoreview pursuant to separate agreements with each City which l?-?tablJ.sh LJFe.':.as an independent contractor. Nothing :',h.erE:lir{./ sh 11'1. 1 be" construed as al tering or amendii'Jg'.t ..t,{e independ'ent contractor relationship between the LJFD and the Cities of Arden Hills, North Oaks and Shoreview; nor any manner as creating an agency relationship between such parties. III. TERMS AND CONDITIONS. In consideration of the mutual undertakings herein expressed, the parties agree as follows: I. Operations Committee. The Operations Committee shall be comprised of ' the fire chiefs for the New Brighton Fire Department, the Roseville Fire Department and the LJFD or their designees. The Operations Coromi ttee shall be responsible for the following activities: a. Management of the HMRV. b. Establishment of training standards for personnel which will then be implemented individually by the appropriate officers for the New Brighton Fire Department, the Roseville Fire Department and the LJFD. 1 c. Determination of the HMRV exterior vehicle color and markings. . d. Determination of the configuration and type of equipment to be mounted on and within the HMRV. e. Determination of the specific type and quantities of specialized hazardous materials equipment, supplies, protective gear for personnel and ancillary items necessary to equip and operate the HMRV. f. Determine the manner in which the property and materials acquired pursuant to the terms of this Shared Service Agreement shall be allocated in the event of termination of the Agreement; provided however, that upon termination of the Agreement, the HMRV shall be the sole property of the City of New Brighton. g. All other day to day operational activities needed to fully implement this Agreement. 2. Allocation of Costs. Unless otherwise provided for herein, all costs relating to the initial retrofit and equipping of the HMRV and all operating costs for the HMRV shall be shared equally between New Brighton, Roseville and the LJFD. Arden Hills, North Oaks and Shoreview agree to pay their share of any costs allocated to the LJFD pursuant to and subject to the terms of each Cities' fire service agreement with the LJFD. . 3. HMRV. New Brighton, at its cost, shall provide a 1972 GMC l4-foot step van which will serve as the HMRV. New Brighton shall retain its registered ownership of the vehicle and maintain motor vehicle insurance on it. New Brighton may allocate insurance costs for the HMRV in accordance with Paragraph 2. 4. Replacing Equipment and Supplies. Unless otherwise agreed to by the Operations Committee, equipment and supplies used from the HMRV shall be replaced promptly by the Fire Department who used and expended the items. If a Fire Department fails promptly to replace the items, the Operations Committee may make the replacement and invoice the defaulting Fire Department for such costs. It is intended that the HMRV shall be fully equipped at all times with the equipment and supplies agreed to by the Operations Committee. 2 . . 5. 6. . 7. 8. . storage and Maintenance of Vehicle. The LJFD agrees to permanently store the HMRV at the LJFD station in the City of Arden Hills at no cost and to arrange for routine maintenance of the HMRV. Normal operating and maintenance costs, e.g. fuel, oil, tires and battery may be allocated by the LJFD pursuant to Paragraph 2. Extra- ordinary vehicle expenses, e.g. major repairs in excess of $500, shall be submitted to the Operations Committee for prior approval and, if approved, may be allocated pursuant to Paragraph 2. Emergency Response of HMRV. The New Brighton Fire Department and the Roseville Fire Department may summon the vehicle to an incident within their respective areas of fire protection responsibility in the same manner as they request mutual aid from the LJFD. The LJFD agrees to provide a response with the vehicle with a minimum of two firefighters in the same manner as the LJFD would respond to a mutual aid request. It is understood that the LJFD is subject to a priority obligation of providing fire suppression forces within the Cities of Arden Hills, North Oaks and Shoreview and/or mutual aid district. If no personnel are at the LJFD's station due to other fire emergency calls, the Fire Department requesting the HMRV will make alternative arrangements as necessary to provide a response with the HMRV. Non-Emergency Use of HMRV. Each Fire Department may use the HMRV for training of its own personnel and display purposes, The. requesting Fire Department shall be responsible for providing an operator to drive the HMRV between its storage' si,t~~ andi;;he HMRV' s destination. The reque,"?t}:n.g FirS' Dep'ar"tm~rtt' must advise Ramsey County Emergency Communications Center of the HMRV's status in the event it is needed in an emergency. If the HMRV is summoned during a non-emergency use, the Fire Department which has control of the HMRV shall provide a response with the HMRV to the emergency scene with at least two firefighters. Contamination of HMRV. A Fire Department using the HMRV wi th resulting contamination to the HMRV and/or its equipment, producing a possible personal hazard to unprotected persons, is responsible for decontaminating the HMRV and/or equipment so that no personal hazard exists. Decontamination expenses shall be borne solely by the Fire Department which used the HMRV causing the contamination condition. 3 9. Cost of Consumable or Expended Supplies. All items of supply, equipment, or protective gear on the HMRV which were consumed, expended or rendered unfit for further use, at an incident or other activity by a Fire Department shall be promptly replaced by that Fire Department at its sole expense. . 10. Personnel Training. Each Fire Department shall be responsible for the training of its own personnel in the proper use, storage and maintenance of the equipment and protective gear in the HMRV pursuant to the standards approved by the Operations Committee. II. Non-Exclusive HMRV Use. It is understood that each Fire Department may be obligated to respond to fire service emergencies outside its normal service boundaries, and such activities may necessitate use of the HMRV. Each Fire Department understands that the HMRV may not be available when needed within their own respective primary response districts due to the HMRV's prior commitment. However, in such situations, the Fire Department using the HMRV will use its best effort to make the HMRV available, if possible, to the Fire Department needing it on an emergency basis. 12. Supervision of HMRV at an Emergency. The Fire Department . requesting the HMRV shall be responsible for its use. Personnel responding with the HMRV will report with the HMRV to the requesting Fire Department's designated officer and be subject to the officer's directions. In the event use of;the HMRV at an emergency is expected to last more than one hour, the requesting Fire Department shall supply its own personnel as substitutes for the driver and attendants on the HMRV, and transport those initial responders back to their own station. 13. Wi thdraw from Participation. Any party may withdraw from its participation in this Shared Service Agreement by gi ving written notice to the remaining parties. A notice of intent to withdraw must be tendered no!l~te~ than July 1st and shall be effective De~~mber 31sf of.tBe year in which it is tendered. A withdDaw~, par~y waives all rights to any property acquired for use in! C6hnection with the HMRV. 14. Capitol City Mutual Aid Agreement. Except as expressly modified herein, the relationships and obligations of the parties shall be subject to the provisions of the Capitol Ci ty Mutual Aid Association Reciprocal Fire Service Agreement. 4 . . . . 15. Workers' Compensation Claims. In regard to services rendered pursuant to this Agreement, members of the New Brighton Fire Department shall be considered New Brighton employees for purposes of workers' compensation claims; members of the Roseville Fire Department shall be considered Roseville employees for purposes of workers' compensation claims; and members of the LJFD shall be considered employees of the LJFD for purposes of workers I compensation claims. New Brighton, Roseville and LJFD agree that Arden Hills, North Oaks and Shoreview are not responsible for workers' compensation claims. 16. Termination of Agreement. This Agreement will terminate upon mutual consent of the parties or upon the happening of one of the following events: A. Withdrawal from participation by the City of New Brighton. B. Withdrawal from participation by the LJFD. 17. Amendment of Terms. This Agreement may be amended by mutual consent of all parties. 18. Effective Date of Agreement. This Agreement shall become effective upon execution by all of the parties hereto. IN WITNESS WHEREOF, the undersigned, on behalf of the afore- described parties, have set their hands. Pursuant to authorization granted by the City Council on the 9fh day of ~~ ,1991. Pursuant to authorization granted by the City Council on the If-H\ day of ~une , 1990. CITY OF NEW BRIGHTON By: Pursuant to authorization granted by the City Council OR th~ li'l~ day of \.:,('.-\(;t)~'~. , 1991. CITY OF NORTH OAKS By: / .z: ~:--;/;I {p(r!fft',?~ h 'i;:fJa: -- - P' 5 Pursuant to authorization granted by the City Council on. .:the. ?7t-h . day of ",-,'TBMTAr:r ,199.1. CITY OF ROSEVILLE By: ().w..vl'- tL~ Vernon A. Johnson Mayor Pursuant to authorization granted by the citl Council op. the .~- day of ~C~~~\~J~0 ,1991. \ CITY OF SHOREVIEW /2. ) /' /.(< i. ) () j//'i By: ?'};".4//uy{ ["1 IJ_/:F;>/t'J,( ~ . LAKE JOHANNA FIRE DEPARTMENT, INC. By: ~l)J/~J;r 04 C\ J\HMRV2 . ACT August 1, 1991 6 . . . HP Laser Jet leHP LASERJET 3200 3200 (IPl]@ i n v e n t DEC-13-2002 4:29PM Fax Call Report Job Date Time Type Identifi cati on Duration Pages Result 997 12/13/2002 3:26:32PM Send 9.7634219511 13:11 3 OK 999 12/13/2002 340 52PM Send 9.6516286833 9:55 3 OK 0 12/13/2002 3 50 52PM Send 9.7637060891 621 3 OK 1 12/13/2002 3:5719PM Send 9.6516333846 9:21 3 OK 2 12/13/2002 4: 06: 45PM Send 9.6512282191 9:21 3 OK 3 12/13/2002 4: 16: 12PM Send 9.6512279371 6:29 3 OK 4 12/13/2002 4:22:47PM Send 9.6514821262 6: 13 3 OK