HomeMy WebLinkAboutCCP 04-14-2003
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~HILLS
Arden Hills City Council
REGULAR
MEETING
Monday, April 14, 2003
Mayor:
Beverly Aplikowski
Councilmembers:
David Grant
Brenda Holden
Gregg Larson
Lois Rem
1245 W, Highway 96
Arden Hills, Minnesota
55112
651.634,5120
The City Council convenes at 5:30 p.m.
SPECIAL MEETING
to discuss
Executive Search for Administrator/Clerk
City Philosophy
uali services thrall h the innovative and
oseful use of resources.
Agenda
Regular City Council Meeting Convenes 7:00 PM
-
Can to Order
PLEDGE OF ALLEGIANCE
1. AGENDA
2, MINUTES
A, March 31, 2003 Council Meeting
3, CONSENT CALENDAR
A, Claims and Payroll
B, Round Lake Road: Acceptance of
Easement
C. Appointment of Joani Werner - Parks,
Trails and Recreation Committee (PTRC
D, Payment No, 6 - 2002 Sanitary Sewer
Rehab Visu -Sewer
E. Resolution No, 03-36: Adopting a No-
Parking Provision for Ingerson Road and
Hamline Avenue
4, PUBLIC INQIDRIESIINFORMATIONAL
A.
Those items listed under the Consent Calendar are
considered to be routine by the City Council and will be
enacted by one motion under a Consent Calendar format.
There will be no separate discussion of these items)
unless a Council Member so requests, in which event, the
item will be removed from the general order of business
and considered separately in its Donna.1 sequence on the
agenda.
Public InquiriesJInformational 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 ade ate time for each person wishin
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5, PUBLIC HEARINGS
A, 2003 PMP Assessment Hearing: Karth
Lake/Ingerson Neighborhoods (continued
from March 31, 2003)
i. Resolution No. 03-34:
Adopting the 2003 PMP Final
Assessment Roll for Karth
Lake/Ingerson Neighborhoods
ii, Resolution No, 03-29:
Adopting the 2003 PMP
Assessment Rate
6, COMMUNITY SERVICES
A, PLANNING
1. Planning Case No. 03-01: Anchor Bank
Site Plan Revision
7. OPERATIONS & MAINTENANCE
A. Resolution No, 03-31: Approving the
Plans and Specifications and Ordering
Advertisement for Bids for the 2003 PMP
Karth Lake East & Ingerson
Neighborhoods Project
B. Authorize Negotiation of Drainage and
Utility Easement with Josephine Hills
Lake Association
C. Resolution No, 03-35: Approving the
Plans and Specifications and Ordering
Advertisement for Bids for Lift Stations 2
&5
8, ADMINISTRATION
A, Resolution No, 03-30: Adopting the Data
Practices Policy
CITY COUNOL REPORTS
A, Councilmember Holden
B, Councilmember Larson
C. Councilmember Rem
D. Councilmember Grant
E. Mayor Aplikowski
Adjourn
Arden Hills City Council Agenda
April 14, 2003
Page 2
to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written docwnents may
be distnbuted to the Council prior to the meeting, or as
bench copies, to allow a more timely presentation.
Greg Brown
Aaron Parrish
Peter Hellegers
Thomas J. Moore
Greg Brown and Thomas J. Moore
Aaron Parrish
Greg Brown and Thomas j. Moore
Aaron Parrish
Cynthia Young & Jerry Filla
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Arden Hills City Council Agenda
April 14, 2003
Page 3
![pcomine Meetines and Events
Monday April 21 Council Work City Hall 4:45 p.m.
Session
Tuesday April 22 Parks, Trails, City Hall 7:00 p.m.
Recreation
Committee
Monday April 28 City Council City Hall 7:00 p.m.
Wednesday April 30 Newsletter City Hall 7:00 a.m.
Committee
Saturday May 3 City Council Depart City Hall 10:00 a.m.
and Planning at 10:00 a.m. -
Commission 2:00 p.m.
Bus Tour of
East Metro
Developments
Wednesday May 7 Planning City Hall 7:00 p.m.
-MOnday Commission
May 12 City Council City Hall 7:00 p.rn.
Saturday May 17 Flower Garden Various 9:00 a.m.
Planting Locations Breakfast
Monday May 19 Council Work City Hall 4:45 p.rn.
Session
Monday May 26 City Hall - -
CLOSED in
Observance of
Memorial Day
Tuesday May 27 Parks, Trails, City Hall 7:00 p.rn.
Recreation
Committee
(PTRC)
Wednesday May 28 City Council City Hall 7:00 p.m.
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~HILLS
MEETING MINUTES
DRAFT
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
MARCH 31, 2003, 7:00 P.M.
CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96
PLEDGE OF ALLEGIANCE
CALL TO ORDERJROLL CALL
Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to
order the Regular City Council meeting at 7:04 p.rn.
Present:
Mayor Beverly Aplikowski, Counci1members David Grant,
Brenda Holden, Gregg Larson, and Lois Rem.
.
Absent:
None.
Also present were Interim City Administrator/Director of Community
Services, Aaron Parrish; City Attorney, John Miller; Deputy Clerk/Human
Resources Director, Cynthia Young; Operations and Maintenance Director,
ThomaoVJ. Moore; Recreation Program Supervisor, Michelle Olson; City
Planner, Peter Hellegers; City Engineers, Greg Brown and Nick Landwer;
and Recording Secretary, Kathleen Altman.
1. APPROVAL OF MEETING AGENDA
MOTION: Councilmember Rem moved and Councilmember Holden
seconded a motion to adopt the agenda for the March 31, 2003
Regular City Council meeting as presented. The motion carried
unanimously (5-0).
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2.
APPROVAL OF MINUTES
A. March 10, 2003 Council meeting
B. March 17,2003 Work Session
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Councilmember Larson requested the following changes: Page 3, March 17,
2003 Work Session Minutes, change consensus of the Council to majority of the
Council.
Councilmember Grant requested the following changes: March 10, 2003
Council Minutes, page 10, change should read that he requested more specific
language to the Letter of Understanding. Page 12, second paragraph, add he
invited Mr. Parrish to be an applicant in the process. Change they to read City
Council in the next sentence.
Councilmember Rem requested the following changes: March 10,2003 Council
Minutes, Page 4, first paragraph under heading B, add to the last sentence: "He
summarized the project overview, design, and cost issues and outlined a number of
issues that Council was being asked to make decisions on this evening." Page 5,
change the spelling of the name to Mr. Tolaas. Page 7, paragraph 5, beginning of
Councilmember Grant, revise the first sentence as follows: "suggested moving .
that the planned move of the entrance of North Heights Church..." Second line
of the paragraph should read a good site for an overpass, instead of an underpass.
March 17, 2003 Work Session, page 4, 6th paragraph, add to the end of the
sentence the following: "The consensus of the Council was that the construction
of the park building be monitored carefully by the City." Page 5, third
paragraph, change the sentence to read: The consensus of Council was to
approach this issue later in the year commencing as a 2004 project".
Councilmember Holden requested the following changes: None.
Mayor Aplikowski requested the following changes: None.
Mr. Parrish requested the following changes: None.
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to approve the March 17,2003 City Council
Work Session and March 10, 2003 City Council Meeting
Minutes, as amended. The motion carried unanimously (5-0).
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3. CONSENT CALENDAR
.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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a. Claims and Payroll
b. Appoint Operations & Maintenance Worker: Appointment of Aaron
Andrews to Operations and Maintenance staff.
MOTION: Councilmember Larson moved and Councilmember Grant
seconded a motion to approve the Consent Calendar as
presented and to authorize execution of all necessary
documents contained therein. The motion carried unanimously
(5-0).
Mayor Aplikowski congratulated Aaron Andrews on his appointment.
4. PUBLIC INQUlRIES/INFORMATIONAL None.
5. PUBLIC HEARINGS
. A.
.
2003 PMP Assessment Hearing - Karth LakelIngerson Neighborhoods
Mayor Aplikowski opened the public hearing at 7: I 0 p.m.
Mayor Aplikowski introduced the 2003 PMP Assessment Hearing.
Mr. Brown explained the project and the policies that were used to prepare the
special assessment role.
Mayor Aplikowski eXplained the rules for the Public Hearing.
Ms. Young announced that the appropriate notices had been published and
mailed.
Mayor Aplikowski noted at this time, the City had received five letters indicating
their objection to their individual assessment rate. The letters represented the
following addresses: 1228 Carlton Drive; 1216 Ingerson Road; 1226 Ingerson
Road; 1300 Ingerson Road; and 3162 North Hamline Avenue.
Linda Swanson, 1124 Inl!:erson Road, representative of Josephine Hills
Association, read from a prepared statement objecting the proposed assessment for
the Association property.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Jerome Pearson, 1121 Amble Drive, stated in 1995 the City performed extensive
road work on Amble Drive and, at that time questioned why Amble Circle was not
included. He stated he was currently being assessed for 98 feet on the east end of
his property. He further stated that the City had already repaired 21 feet of that
end of his property when Amble Drive was repaired; therefore, he requested an
adjustment to his assessment. He asked when the improvements were scheduled
to begin. He also stated he has had car shows on the street for the past four years
and if the road construction occurred in July, he would have to move his car show.
Mr. Moore replied they had taken the car show into consideration when
scheduling improvrnents.
Jim Danielson, 3238 Hamline Avenue North, asked how assessments for
properties that had no frontage property were calculated. He stated he had 70 feet
of actual frontage property and he was being charged for 111 feet.
.
Mr. Brown replied the frontage footage was calculated based on the shape of the
lots. He stated he would check Mr. Danielson's calculation. He responded to the
question as to how the assessments were figured for lots with no frontage. He
noted those properties would be assessed according to a certain calculation
formula.
Wally LindQuist, 1111 Inl!:erson Road, asked how the PMP project was funded.
Mr. Parrish replied the City internally financed all of the improvements, but the
bulk of the improvement came out of the non-assessable improvement fund, as
well as State money and MSA funds. He noted in terms of interest rate, the City
had charged 8 percent in the past, which was reflective of the market rate. He
indicated the City had revised the interest rate by reducing it to 6.5 percent.
Mr. Lindquist stated two years ago residents were against this project and the
Council voted against proceeding with the improvement. He asked since the
Council voted down the project at that time, why this project was being brought up
agam.
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Mayor Aplikowski replied the Council had never intended for this project not be
completed.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Mr. Lindquist stated that Mayor Aplikowski had noted in that meeting that this
project would be put at the back of the project list, and would not be completed for
the next 20 years.
Mayor Aplikowski replied things had happened over the past two years. She
stated she had voted against the project two years ago, but it has been decided by
the Council that this project was in the best interest of the City.
Larry Veenstra, 4440 Pleasant Drive, asked when the actual project would
begin.
Mr. Brown replied the City had submitted road construction plans to the State for
final approval and once the plans were approved, work would begin.
Michael Doody, 1300 Inl!:erson Road, stated the prime interest rate was 4.25
percent and he requested the City revisit the interest rate it was charging. He
further stated no one was getting 6.5 percent interest in today's economy. He also
noted he and his neighbors were not being assessed at the same rate even though
they had the same square footage. He stated he thought he was paying for his 100
feet twice, and they were being charged over $300 per square foot. He asked the
City look at this and make a fair assessment.
Sean McDonal!:h, 4452 Pleasant Drive, stated his lot was 61 feet and he was
being assessed for 93 feet. He noted his lot was odd shaped. He asked how the
City could take into account his backyard to add to his assessable footage. He
asked what the proposed width and curb of the street was to be. He asked why the
City was using an assessment policy from 1990. He asked when the assessment
role was going to be adopted. He asked the City to look into the excessive interest
rate charge.
Mr. Brown replied Pleasant Drive would have a 6-inch curb and a 28-foot street
width.
Dan Bickham, 4460 Pleasant Drive, stated he had 53 feet of frontage and he had
the highest assessment because of the shape of his lot. He asked the City to look
into that issue.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Raymond Muchel, 4466 Pleasant Drive, stated his lot was only 53 feet and he
was being charged for 110 feet. He asked why he was being assessed for that
amount.
Carol Abrahamson, 1228 Carlton Drive, noted their street had already been
improved, except for three feet. She asked if the City planned on taking the street
out and widening it at that point.
Mr. Brown stated he agreed with the objection letter she had submitted to the City
and noted her assessment amount would be adjusted.
Shelly Hutchcroft, 1325 TiIIerLane, asked what would be done regarding the
curb and drainage issues. She noted they currently have a severe drainage
problem on their property.
Mr. Brown replied they were looking into this issue and would be addressing this.
.
Grel!: Clifford, 4422 Pleasant Drive, noted a few years back he was assessed for
road work completed on Amble Drive, and now he was being assessed again. He
requested his assessment amount be adjusted because he had already paid for 93
feet of work completed during a previous road improvement project. He noted his
property was a corner lot.
Dave Wilken, 1225 Inl!:erson Road, stated two years ago, the Council had agreed
not to complete this project in the near future. He noted the condition of the road
was not that bad and that the rating system was flawed. He further stated his
money going toward the road assessment was money taken from his children's
college fund. He noted his property value would not increase with the road work
completed.
Andy Holewa, 4480 Pleasant Drive, stated photographs showing drainage
problems were presented at the initial PMP meeting. He asked what the City
planned to do with the curbs that were bad.
Mr. Brown replied they would do spot repairs that would match the existing curbs
in the area.
.
Steven Zilmer, 3363 North Dunlap, submitted written comments.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Marjorie Harold, 3251 Fernwood, stated as President of the Josephine Hills
Association, she and the Association agreed with what Ms. Swanson had said in
the prepared statement she submitted earlier.
Girish Bhatt, 1249 Karth Lake Drive, asked when the assessment role would be
adopted.
Mr. Brown replied when the project had been approved.
Robert Woodburn, 1220 Inl!:erson Court, asked what the City's definition of
"frontage" was.
Mr. Miller stated the definition was in the City Ordinance and he did not have the
Ordinance with him this evening.
. Mr. Woodburn stated he believed the dictionary definition of "frontage" was the
property facing the street.
Mr. Parrish replied the definition of frontage was relative to the size of the lot.
He noted there were a number of exceptions that had been noted at the beginning
ofthis meeting.
Mr. Woodburn requested the City clarify the definition of frontage.
Lynn Diaz, 1143 Inl!:erson Road, stated her frontage calculation was correct, but
she inquired about State Aid Funds. She noted Ingerson Road used to be a County
Road and it was a collector street, which had traffic levels beyond the normal
residential traffic. She noted State Aid was given for those streets. She stated the
intention of the State Aid Funds was for the maintenance of those roads. She
noted the City was charging the residents along Ingerson twice because they had
already put tax money into the State Aid Fund and now are being assessed. She
requested the assessment be based upon the amount after the State Aid Fund was
deducted.
.
Mr. Parrish replied the City's practice had been to apply the MSA fund to the
City's portion and not the residents' portion.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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Dave Gustafson, 1280 Ineerson Road, asked what the official assessment
amount of that property was.
Mr. Brown replied it was $9,450.30 for 183.5 feet of frontage.
Councilmember Holden stated she had been assessed for her street a couple of
years ago and shared some of the frustration of having an irregular shaped lot, as
well.
The City Council directed staff to provide written documentation/information on
the various objections and that this information would be presented at the next
Council meeting on April 14, 2003. Staff was also directed to notify!contact each
of the residents who filed an objection that they should appear at that Council
meeting for a final determination.
MOTION: Councilmember Grant moved and Councilmember Rem
seconded a motion to continue the public hearing to April 14, .
2003. The motion carried unanimously (5-0).
Mayor Aplikowski recessed the meeting at 8: 12 p.m. and reconvened at 8:27 p.rn.
6. COMMUNITY SERVICES
A. BUILDING
1. City Hall Mechanical System
Mr. Parrish explained Johnson Controls had completed a commissioning report
on the heating, ventilation, and air conditioning (HV AC) and building automation
system (BAS). The report showed that many deficiencies exist. After two
meetings with staff, the contractor had agreed to repair all deficiencies noted in the
commissioning report at no additional cost to the City. The contractor had also
agreed to pay for the entire cost of the commissioning report. He stated the
contractor had been making the necessary repairs over the past three weeks, with
noticeable improvement. Staff is requesting that after all of the repairs are made,
to hire Johnson Controls to perform a retest of the HABC and BAS systems at an
additional cost to the City of $4,330. Staff is of the opinion that a re-check was
necessary to detennine if the building was functioning as originally intended.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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MOTION: Councilmember Larson moved and Councilmember Grant
seconded a motion to approve $4,330 for Johnson Controls to
re-check the deficiencies noted in the original commissioning
report dated February 4, 2003. The motion carried
unanimously (5-0).
B. PLANNING
1. Planning Case 03-05: Guidant Master Plan PUD Amendment
Mr. Hellegers stated the applicant was requesting approval of an amendment to
the previously approved Master Plan Planned Unit Development. He noted the
Planning Commission recommended approval of the Master Plan PUD
Amendment with the condition that the applicant shall continue to abide by the
conditions of approval as stated in the approved Master Plan PUD.
Judd Brasch, RSP Architects, explained the request Guidant was asking for at
tonight's meeting.
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to approve Planning Case #03-05: Guidant
Corporation, 4100 North Hamline Avenue, Master Plan PUD
Amendment with the condition as noted by the Planning
Commission. The motion carried unanimously (5-0).
2. Planning Case No. 03-06: Guidant Site Plan Review, Building L
Mr. HeIlegers explained the applicant was requesting approval of a Site Plan
Review for Building "L". He stated the Planning Commission recommended
approval of the Site Plan Review with five conditions as noted in staffs report.
MOTION: Councilmember Larson moved and Councilmember Grant
seconded a motion to approve Planning Case No. 03-06:
Guidant Corporation, 4100 North Hamline Avenue, Site Plan
Review Building "L" with the conditions as noted in staffs
March 13, 2003 report. The motion carried unanimously (5-0).
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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3. Planning Case No. 03-07: Guidant Site Plan Review Building
Addition I
Mr. Hellegers explained the applicant was requesting approval of a Site Plan
Review for Building Addition "I". He stated the Planning Commission
recommended approval of the site plan review with seven conditions as noted in
staff's report.
MOTION: Councilmember Holden moved and Councilmember Larson
seconded a motion to approve Planning Case No. 03-07:
Guidant Corporation, 4100 North Harnline Avenue Site Plan
Review Building Addition "I" with the conditions as noted in
staff's March 13,2003 report. The motion carried unanimously
(5-0).
4. Tramm Builders: PUD, Permit and Development Agreement
Mr. Hellegers stated the applicant was requesting approval of a Planned Unit
Development Pennit and the Development Agreement. He explained Mr. Tramm
had decided that a new Registered Land Survey would be more appropriate for his
building situation than platting. The City Attorney informed Mr. Tramm that his
opinion was that the proposed development would be a subdivision of property,
and that the development would be subject to the public use/park dedication fees.
Staff has met with Mr. Tramm and negotiated a 6.5% public use dedication fee.
Mitigating circumstances include that Mr. Tramm would be providing a trail and
sidewalk for the north and west sides of the property and he would be granting the
City an easement for the lift station. In addition, given the neighborhood business
scale of the development, it seemed reasonable to have a public use dedication fee,
which is somewhere between a residential fee and that of a larger commercial
development. He noted staff was comfortable with the 6.5% public use dedication
fee, given the mitigating circumstances.
Mr. Tramm thanked the Council for their consideration.
MOTION: Councilmember Grant moved and Councilmember Larson
seconded a motion to approve the waiver of the platting
procedure for this property with the applicant providing the
.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
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City with an executed copy of the alternative method of
property division. The motion carried unanimously (5-0).
MOTION: Councilmember Larson moved and Councilmember Grant
seconded a motion to approve the Planned Unit Development
Permit attached to staff's March 25, 2003 report subject to the
following conditions:
a. Execution of the document by the City after all the
required information has been provided.
b.
The lift station easement as referenced in the Master and
Final Planned Unit Development Pennit; Paragraph 3.00,
number 7, shall be executed as a separate document and
shall reflect the legal description as stated in the
proposed Registered Land Survey after it is registered
with the Registrar of Titles.
The motion carried unanimously (5-0).
MOTION: Councilmember Grant moved and Councilmember Holden
seconded a motion to approve the Development Agreement
subject to the following condition:
a. Execution of the document by the City after all the
required information has been provided.
The motion carried unanimously (5-0).
B. TCAAP - None.
7. OPERATIONS AND MAINTENANCE
A. Highway 96: Cost Participation Agreement; Financing Plan;
Underpass/overpass
Mr. Parrish explained that since staff was not aware that the reconstruction of
Highway 96 was being considered as a 2003 project, no funds were budgeted
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
12
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within the 2003 budget for City expenses related to the project. He noted since
this project has been in queue for a number of years, there is revenue in existing
fund balances to accommodate City costs relative to his project. He stated a fund
balance has been accumulating in Fund 409, the Non-Assessable Road
Improvement Fund to accommodate for these types of expenditures. He suggested
State MSA funds be used for eligible expenses. He noted the signal and EVP
Maintenance Agreement as proposed would not have any adverse fiscal or
operational impacts.
Mr. Parrish stated the preliminary review of options for an underpass or overpass
would cost $642,000 for an underpass and $850,800 for an overpass. This would
also require that the project be delayed at least a year. He noted if the Council
wished to consider an underpass, financing for part of the project could come from
both the park fund and the non-assessable road improvement fund.
Councilmember Larson asked what the implications would be if they delayed the
construction for a year. .
Mr. Brown stated presuming they were to use some State Aid Funds, they would
need to get the State approval. He stated if all of the money was City money, the
design could be executed. He noted State approval was the issue.
Jim Tolaas, Ramsey County, noted any delay from this point on would involve a
two-stage process, where the south half would be reconstructed this year and
completing the north half in 2004. He noted they would not lose their funding by
delaying it. He noted a tunnel in this instance, would be a long tunnel, which
could lead to safety concerns. He indicated there could also be ground water
issues with a tunnel, which was also a safety concern. He stated it was possible
they could add some type of a pedestrian bridge at Highway 10 and Highway 96 in
the future. He indicated they could bid this with a staging sequence, which would
buy additional time for Council to make a decision.
Bill Henry, 3521 Ridl!:ewood Court, PTRC member, reminded the Council that it
had adopted a Comprehensive Plan for Parks and Trails. He noted the plan was
the result of intense interest by citizens' concerns regarding City parks and trails. .
He noted the roads were a barrier to access the parks and trails in the City. He
stated an underpass or overpass was a design requirement for this project and it
was what the citizens, as well as the PTRC wanted. He noted even if development
.
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ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
13
of the TCAAP property did not occur, it was important for an access to allow
pedestrians to get to City Hall, as well as other resources along the north side of
Highway 96. He noted Highway 96 should not be a barrier to the citizens of the
City. He asked the Council to use $100,000 from the park fund for this underpass.
He asked the Council to work with the County with funding. He noted the PTRC
members were in unanimous agreement with this request.
. Rich Straumann, PTRC, stated the Council needed to keep in mind that there
was a community room proposed in the new Joint Maintenance Facility, and the
residents on the south side of the City should be able to walk or bike to that
building.
Jim Crassweller, PTRC, asked what was more necessary than the safe access of
pedestrian across the highways. He asked what was more innovative than the
partnership with Ramsey County. He noted it might take longer to get Highway
96 done, but it would be done right. He asked what was more purposeful than the
Council saying that they had spent $50,000 and a lot of the citizens' time in
putting together the Comprehensive Plan and now the Council was going to stand
behind it. He noted an underpass was a safer access than an overpass.
Councilmember Rem stated she was reluctant to put in this access when they
were not sure where it would connect to in the future. She noted it made more
sense to wait until there was some development on the north side of Highway 96
going on. She stated a developer could then participate financially in some type of
a connection at that time.
Mayor Aplikowski stated she also had a problem building something when they
did not know what it was connecting to, but she was intrigued with a possible
overpass by Highway 10 and Highway 96.
Councilmember Larson stated he was against spending the money right now. He
noted, currently, they did not know what was going to happen on the north side of
Highway 96, and they did not know where the connections were going to be and
therefore, it was difficult to know where the best location was going to be for an
access. He indicated he was not convinced that an underpass was preferable to an
overpass. He stated he believed the cost would be much higher than estimated in
the Engineer's report. He stated even though they had put together a Plan to spend
up to 20 million dollars, they needed to decide if spending this type of money on
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
14
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this project was sensible, particularly SInce the demand to the north side of
Highway 96 was not great at this time.
MOTION: Councilmember Grant moved and Councilmember Larson
seconded a motion to extend the Council Meeting to 10:30 p.rn.
The motion carried unanimously (5-0).
Councilmember Grant stated there were a number of reasons he believed
underpasses were superior to overpasses, including children being able to cross in
their bicycles. He noted winter weather also affected overpasses more than
underpasses. He noted there were problems with overpasses regarding safety.
Pat Krenn, stated overpasses were very icy in the winter months. He noted he
rode on Highway 96 every day of the year on his bicycle. He indicated being on
Highway 96 and crossing it was very dangerous on a bicycle.
Mr. Crassweller stated Mr. Krenn's comments were accurate and that safety was .
a large issue. He asked if the Council would commit to spending the money at a
future date and what date would that be before an access was built. He stated the
City needed this access. He noted the underpass was cheaper to construct than an
overpass and time was going to cost more.
Councilmember Rem noted she was not convinced they needed the connection
now, even though it was the most convenient time to do it. She noted there was no
north Arden Hills now and it made much more sense to put in connections where
there were already trails.
Mr. Crassweller stated even if the TCAAP property did not get developed for the
next 10 years, the residents still wanted to get across Highway 96, down to
Lexington Avenue. He stated he believed if they did not put in an access,
someone would be killed crossing Highway 96. He noted this was a small
expenditure at this point that would be a large expenditure in the future. He
indicated this was fiscal responsibility.
Mayor Aplikowski suggested splitting this project to allow the Council more time
to consider an underpass/overpass.
.
Councilmember Grant stated he agreed they should split this project.
.
.
.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
15
Councilmember Larson stated this would not resolve the concerns he stated
earlier.
Mr. Parrish pointed out that a feasibility study would probably not give them the
information they were looking for with respect to the TCAAP issue at this time.
Council member Holden agreed that the City should spend the money on the
proposed trails, instead of spending money on a connection that they did not know
where it would connect to. She noted she would not support it at this time.
MOTION: Councilmember Larson moved and Councilmember Holden
seconded a motion to not proceed with plans for an underpass
under Highway 96 as a part of the proposed reconstruction of
Highway 96.
Councilmember Rem stated she agreed with the motion, but acknowledged that
an underpass was the preferred way to get pedestrians under Highway 96, and
when TCAAP started to develop, they needed to keep this in mind. She stated she
was not against an underpass, just not putting in an underpass right now.
Councilmember Grant stated he was torn on this decision.
Mayor Aplikowski agreed an underpass would be an ideal solution, but not at this
time. She noted this was a very difficult decision.
The motion carried unanimously (5-0).
MOTION: Councilmember Grant moved and Councilmember Larson
seconded a motion to approve, the signal maintenance
agreement, cost participation agreement and financing plan.
The motion carried unanimously (5-0).
8. ADMINISTRATION
A.
Resolution No. 03-32:
(Administrator)
Appointing Executive Search Firm
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003 16
.
Mr. Parrish stated the City Council had agreed to enter into an agreement with
Personnel Decisions International (PDI) to assist in the hiring process of a City
Administrator/Clerk.
The Council requested staff arrange a meeting with PDI on April 14, 2003 at 5:30
p.m.
MOTION: Councilmember Rem moved and Councilmember Grant
seconded a motion to extend the meeting until II :00 p.m. The
motion carried unanimously (5-0).
MOTION: Councilmember Holden moved and Councilmember Rem
seconded a motion to enter into an agreement with Personnel
Decisions International (PDI) to assist in the hiring process of
the City Administrator/Clerk.
Councilmember Larson asked what the estimated cost of hiring PDI was and if .
they were going to leave it open-ended.
Mr. Parrish stated if it exceeded $20,000 they would come back to Council for
additional funds.
Councilmember Larson stated he would be opposing this motion because of the
cost, and he did not believe this was not a good way to spend taxpayer dollars. He
stated he was willing to go through resumes as they had done in the past, but not
hire a search firm. He also stated they had an active City Administrator who was
capable of doing this job and the position could be offered to someone on their
own staff who was well qualified.
MOTION: Mayor Aplikowski moved and Councilmember Rem seconded
a motion to amend that the cost for Personnel Decisions
International (PDI) is not to exceed $20,000. The motion
carried unanimously (5-0).
The original motion carried (4-1) (Councilmember Larson).
.
B. Resolution No. 03-33: Supporting Legislation to Provide Improved
Funding Option for City Street Improvements
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
17
.
Mr. Parrish noted this was something the City had an option to do with respect to
road funding improvements. He recommended the Council adopt this Resolution.
MOTION: Councilmember Grant moved and Councilmember Rem
seconded a motion to adopt Resolution No. 03-44: A
Resolution Supporting Legislation to Provide Improved
Funding Options for City Street Improvements. The motion
carried unanimously (5-0).
CITY COUNCIL REPORTS
Councilmember Holden stated she had requested staff research a noise
Ordinance for the City. She asked if the City had addressed the oil drop off site at
the Ramsey County Public Works Facility.
. Mr. Parrish replied they would ask the Planning Commission to look into the
waste dump concern.
Councilmember Larson stated the Planning Commission would be meeting on
April 3,2003. He summarized what the Planning Commission agenda was for that
evemng.
Councilmember Rem requested TCAAP reimbursable expenses be noted on the
accounts payable page of that agenda item in the future. She stated the Newsletter
Committee would meet on Wednesday, April 2, 2003. She indicated TCAAP
RAB and League of Women Voters would be present at the Town Hall meeting.
She requested a further discussion of Northwest Youth and Family Services
funding in the near future. She noted there were brochures available at City Hall
and on the City website for tree orders from Friends of the Park, orders due on
April 14,2003. She indicated she would be attending the Shoreview, Arden Hills,
Vadnais Heights, and North Oaks Business Council meeting at City Hall next
Monday at noon.
.
Councilmember Grant stated the PTRC met on March 25, 2003 and discussed
the proposed Highway 96 underpass. He stated while they did not approve the
underpass, the Council needed to provide some kind of non-at-grade north/south
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
MARCH 31, 2003
18
.
connection to TCAAP at some point in the future. He stated the Maintenance
Facility Task Force had met to review the plans.
Mayor Aplikowski requested a letter be sent to the PTRC thanking them for their
time and efforts with respect to their suggestions on the Highway 96 underpass
proposal, and that the Council would go on record that in the future should an
underpass be necessary, that an underpass was the choice of the Council. She
requested the Council take another look at the Parks and Trails Comprehensive
Plan at some point in the near future. She noted the St. Paul Business Council
group was meeting at City Hall next Monday, April 7, 2003. She stated on
Wednesday, April 9, 2003, the League of Minnesota Cities was requesting that
City Council, business people, residents, etc. go to the Capitol to express their
displeasure with the Governor's budget plan. She asked the Council if they had
any interest in pursing this. The Council decided to send a letter instead of going
to the Capitol.
Mr. Parrish had no comments.
.
Mayor Aplikowski adjourned the Regular City Council Meeting at 10:59 p.m.
Beverly Aplikowski
Mayor
Aaron Parrish
Interim City Administrator
NOTICE OF MEETINGS
The next Council Meeting will be held Monday, April 14, 2003 at 7:00 p.m. in the
Arden Hills Council Chambers.
.
.
.
.
~
~
EN HILLS
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
April 9, 2003
Agenda Item 3.A
Mayor Beverly Aplikowski
Council Member David Grant
Council Member Brenda Holden
Council Member Gregg Larson
Council Member Lois Rem
Sandy Berres, Finance & Human Resources Assistant ~
Claims & Payroll
Attached:
Claims
Payroll for periods
03/22/03-04/04/03
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 04/14/03 COUNCIL MEETING
PAGE10F3
.
CLAIMS PAID SINCE LAST COUNCIL MEETING (03/31103)
::H)(~: 'T::clUMirit :.I:::'VEJiIDOOi':,:': <:':':': >":::::<:':':':":': ",,,,:::':I:':AiIi!!\ilit':):':'tQili:i,jEi; '1:$'::"".
...--.--.--.. "..."...
23362 03/26/03 Fortis Benefits 205.20 Andl Short T enn Disabilitv
23363 03/26/03 Friends of the Park 42.00 PTRC Tree Purchase Reimbursed
23364 03/26103 Health Partners 665.03 Anril Dental Insurance
23365 03/26103 leMA Retirement Trust - 457 1,367.19 Second March Pa\OTO!l
23366 03/26/03 MN Mutual Life 154.00 AnTi] Life Insurance
23367 03/26/03 Postmaster-St. Paul 1.700.00 PostaQ:e-Pcrmit #1962
23368 03/26103 Rams"'" Co. Parks & Recreation 170.00 Ke I TN>nosit-6/28/03-CAH
23369 03/26/03 Xcel EnerD'V 1.629.95 Electric/Gas Service
23370 03/31103 Gammell. Ken 562.50 Video Tech Services 3/28/03
2337\ 03/31103 Lake Johanna Vol Fire f);ont 2.000.00 Sunn} Benefits Reimbursement-State ofMN
23372 03/31103 Wesco 181.05 Contacts for Lift Station #11
23373 04/01103 Fortis Benefits 201.22 Anril Lon!! Term Disabilitv -
23374 0410 1103 Purchase Power 919.00 Posta!!e-Meter
23375 04101103 Vertical Endeavors 100.00 -I:>enosit for Climbinl! Wall-6/28-CAH
23376 04101103 Xcel EnerO\l 2,834.26 Maint Bldll:4 EJec/Gas Service
23377 04/07/03 Affinitv Plus Federal Credit Union 3,963.87 First Ann] Pavroll
23378 04/07/03 Roseville Area Schools 267.00 Tech Class Reoistrations4SB & MO
23379 04/07/03 Stanton Groun 343.50 Davcare Reimbursement 4/04/03
Subtotal- Paid Claims 17,305.77
.
Paid Claims From Above -
17,305.77
Add Unpaid Claims, Page 3-
160869.96
Total Accounts Payable Claims
fOI" Council Approval. 04/14/03 ~
178175.73
Note: Checks for unpaid claims totaling $80.874.66 were mailed April 01, 2003
after approval at the March 31, 2003 Council Meeting. They were check numbers
23296.23361.
"'Exp. Related to TCAAP Project.
..""".......bl'"~...,
.
.
.
.
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLAIMS REPORT
TO BE APPROVED AT 04/14/03 COUNCIL MEETING
PAGE 2 OF 3
UNPAID CLAIMS REGISTER:
":'Cli,~>L:Ciini~TE' , M",' """"",,,,,,,,,,',,,,,">>> :>.i\i\i()VN:T.;~:l:
23380 04/15/03 Akona Comoration 14L6() Ballfield Chalk
23381 04/15/03 Animal Control Services, Inc. 435,50 Doc/Cat Enforcement-Mar
23382 04!l5/03 Aramark Uniform Service 84.96 Ruo Service-City Hall
23.183 04/15/03 BFJ of Minnesota, Inc. 271.30 Waste Remova]~March
23384 04!l5/03 Biffs, me. 24L04 Portable Toilets
23385 04!l5/03 Bvl, Sandra 26.64 MileaQc Reimbursement
23386 04!l5/03 City of White Bear Lake 898.00 Ramsey County User Groun Fee
23387 04!l5/03 Corporate Exnress 1,683.83 Office SUDDlies!CoDv PaDer
23388 04!l5/03 Coverall of the Twin Cities 1.238.60 ell-Cleaning Service
23389 04/15/03 DeDt of Administration 1,562.60 Phone Service
23390 04/15/03 E-2 Rec clio!>, Inc. 4,855.00 Res Curbside Recvc1inp
23391 04/15/03 Elder Jones I1SA5 Refund-Permit 802-8191
23392 04/15/03 Excensus, LLC 2,800.00 '" ProfSvcs~TCAAP-2/1-2/28
23393 04/15/03 Filter Fresh 100.24 Coffee/Cuns-CH
23394 04!l5/03 Frattallone's Hardware, Inc. 34.93 Shon Supnlics
23395 04/15/03 Glenwood lne:lcwood 46.92 S rilll!Water
23396 04/15/03 Graimrer, Inc. 142.19 Lij}'hts~Maint BJdg
23397 04/15/03 Home Denot 229.11 Ljj}'ht Fixtures-O&M/Heaters-CH
23398 04/15/03 I.U.O.E. Local 49 240.00 Union Dues-AnTil
23399 04/15/0.1 Kath Auto Parts 57.58 Shon Sunnlies
23400 04/15/03 Hoffman, Dalv, Lindl!fen, Larkin 3,213.10 TCAAP Prof Services-2002
23401 04/15/03 Leae:ue of MN Cities Ins Trust 51.012.00 Liability Insurance-2003
23402 04/15/03 Mac Queen Eouinment, Inc. 664.78 Maint Sunnlies-SweeneT #201
23403 04/15/03 Master Mobile Home Service 35.50 Refund-Mcch Permit #M03-36
23404 04/15/03 Met Council Environmental 40,425.67 Waste Water Service-May
23405 04115/03 NCPERS Groun Life Ins. 60.00 PERA Life-Annl
23406 04/15/03 Nextcl Communications 1,246.67 Cellular Phone Service
23407 04/15/03 North Metro I-35W Carr. Coalition 94.29 Printine: Chare:es-Monthlv Insert
23408 04/15/03 North Metro Insnections, Inc. 1,010.88 Electricallnsoections-March
23409 04/15/03 Northwest YMCA 77.22 Senior Mardi Gras Event
23410 04/15/03 Oriental Tradinj}' Co. 311.35 Easter Ej}'j}' Hunt/Craft Supplies
23411 04/15/03 Pace Analvtical 638.00 Water Testim:r-Mar/Anr
23412 04/15/03 Parrish, Aaron 29.16 Milea2:c Reimbursement
I Subtotal - Unpaid Claims - Pa~e 2 114.027.111
CITY OF ARDEN HILLS
ACCOUNTS PAYABLE CLA]MS REPORT
TO BE APPROVED AT 04/]4/03 COUNCIL MEETING
UNPAID CLAIMS REGISTER:
;:A:~1<;:II:: ::::::'eK:~O:~TE : >V:E1'irDQR'~::::'-. ::'::::::::::::::::::::::;:::::::::::,::::::::::::::: ::::Ai\rouri"t>
23413
23414
23415
23416
23417
23418
04115/03
04/15/03
04/15/03
04/15/03
04/15103
04/15/03
Peterson, Fram & BeT an, PA
Ramse Coun
Roseville, Cit of
Stanton Grou
United Rentals
URS
6,427.74
1,680.25
3,433.34
100.00
255.25
34,946.27
Subtotal, Page 3 00
Subtotal Pa e 2 of 3
Total Un aid Claims
46.842.85
114027.11
160,869.96
Janu Lc 1 Fees
TIF Admin Ex 2002/Fuel Purchases
MarIA r-JPA-MIS
FSA Admin Fee-March
CH~Brooms & Fans
Janua En ineenn Fees
PAGE 3 OF 3
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EN HILLS
MEMORANDUM
DATE:
Agenda Item 3.B
April 9, 2003
TO:
Mayor and City Council
Peter Rellegers, City Planner@
Round Lake Road Tumback
AmberJack Property
FROM:
SUBJECT:
ENCLOSURES:
1. February 18,2003 Memo from City Attorney
2. December 12, 2002 Memo from City Attorney
3. Road and Access Easement
4. Reduction of Easement Area (from the highlighted survey)
Request
Adopt a motion authorizing the conveyance of an easement.
Overview
The City Attorney has reviewed the terms of the Grant of Easement and found that it is
consistent with the obligations of the City in connection with this matter. The City Attorney has
also described the easement areas in his memo from December 12, 2002. A reduction of the
survey has been included for your review. Full-size highlighted surveys will be available at the
April 14th Council Meeting.
Staff Recommendation
By motion authorize the conveyance of the easement (requires 3 affirmative votes).
Round Lake Road Turnback - 04/09/03 - Page 1 of 1
Warren E. Peterson
Jerome P Filla
Daniel \Vitt Fram
Glenn A. Bergman
John Michael Miller
Michael T Oberle
Steven H. Bruns.
Paul W. Fahning.
Esther E. McGinnis
Cameron S. McLeUand
P~ERSQ\J)
FRAMC7BERGMAN
~ROFESSIONAL ASSOCIATION
Suite 300
50 East Fifth Street
St. Paul. MN 55101-] 197
(65 (1291-8955
(6511228-1753 faCSimie
Direct Dial #(651) 290-6907
February 18, 2003
Mr. Joe Lynch, City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
RECEIVED
FEB 2 0 Zo03
RE:
Round Lake Road Turnback
AmberJack Property
Our File No.: 10450.00-3
CITY OF ARDEN HILLS
Dear Joe:
I am enclosing the following:
1.
Seven (7) copies of my correspondence of December 12, 2002, which helps explain the
background for this transaction;
.
2. Seven (7) copies of the proposed easement from The City of Arden Hills to Arden HillsJack
I, LLC; and
3. Seven (7) copies of the highlighted survey.
The wording of the easement has been approved by Grantee and now needs to be approved by the
City Council. Please place this matter on the City Council Agenda, as you deem appropriate.
The Grantee is requesting that the City Council adopt a motion authorizing the conveyance of the
easement. The motion must be approved by three (3) affirmative votes of the City Council.
1 have reviewed the terms of the Grant of Easement and find that it is consistent with the
obligations of the City in connection with this matter.
If you have any questions, please contact me.
JPF:jtc
Enclosures
Very truly yours,
Jh
.
. i\.L50 ADMITTED IN WISCONSIN
Warren E, Peterson
Jerome- P Filla
Daniel Witt Frarn
.Ienn A. Ber.gman
hn Michael Miller
ichael T Oberle
Steven H. Bruns'
Paul W. Fahning.
Esther E. McGinnis
Cameron S McLelland
PETERSCN
FAAM(~d;.BEI~GMAN
.:IIt...lIl1I&"'lI....II..~IIf;II_...........JI...;...III.lIh'lII
Suite 300
50 East Fifth Street
St. Paul, MN 5')101"1197
16'51 1 2QI-89')')
(6') I) 228-17'J3 facs.imile
December 12, 2002
Direct Dial #(651) 29().6907
jfilla@pfb-pa.com
Joe Lynch
City Administrator
City of Arden Hills
4364 West Round Lake Road
Arden Hills, MN 55112
RE: Round lake Road Turnback
AmberJack Property
Our File No.: 10450/000003
.
Dear Joe:
I am enclosing the following documents:
1. A survey which highlights portions of Round Lake Court. The yellow-shaded
area represents those portions of Round Lake Court which were dedicated as
public roads on the plat of the Gateway Addition or on the plat of Butcher's
Allotment NO.1. Portions of the yellow-shaded area have been improved and
are being used as a road access.
2. A deed of conveyance from AmberJack, Ltd. to the City which describes the
blue-shaded area on the survey. Technically, AmberJack has conveyed their
right to use this area. This was a mistake. They should have conveyed it
subject to an access easement, or they should have conveyed a road and utility
easement to the City over this area without conveying fee title.
3. A deed of conveyance from the State of Minnesota to the City which describes
the property included in the green-shaded area on the survey. This area was
acquired from the State of Minnesota subject to the restriction that it could only
be used for highway purposes. This area has been improved with a public road,
but has not been dedicated for public use.
.
4.
A proposed access easement from the City to AmberJack, Ltd.
. ',L~,,, AO,',lIlll.l:o IN \\'hCUN;;IN
December 12, 2002
Page 2
As part of the agreements associated with the AmberJack development, the City was obligated
to acquire the green-shaded area from MNDOT and convey an access easement to AmberJack.
This has not been done. AmberJack and its mortgagees would like to document the access
by recording the proposed easement from the City to AmberJack over the green and blue-
shaded areas. Please review and contact me.
Very truly yours,
Jerome P. Filla
JPF:bab
encs.
F,luserslBAR BERIJ ERRYldec12-jpf .wpd
.
.
.
.
.
.
(reserved for recording information)
ROAD AND ACCESS EASEMENT
CITY OF ARDEN HILLS
ARDEN HILLS JACK I, L.L.c.
The City of Arden Hills, a Minnesota Statutory City, ("Grantor") represents that it is the
record fee owner of the following described parcels, or otherwise has the right to utilize the
following described properties for roadway purposes and grant the rights and easements herein
set forth:
Tract A:
That part of the South 30 acres of the Northwest Quarter of Section 21, Township 30,
Range 23, lying within the circumference of a circle having a radius of 62.00 feet. The
center of said circle is the point of intersection of the East line of the West 1266.91 feet
of the Southwest Quarter of said Section 21, Township 30, Range 23, with a line parallel
with and 26.30 feet southerly of the south line of said South 30 acres of the Northwest
Quarter, Ramsey County, Minnesota.
Tract B:
That part of the West 1300 feet of the Southwest Quarter of Section 21, Township 30,
Range 23, Ramsey County, Minnesota which lies within the circumference of a circle
having a radius of 62 feet. The center of said circle is the point of intersection of the East
line of the West 1266.91 feet of said Southwest Quarter of said Section 21, Township 30,
Range 23, with a line parallel with and 26.30 feet southerly of the south line of the South
30 acres of the Northwest Quarter of Section 21, Township 30, Range 23, Ramsey
County, Minnesota.
1. For valuable consideration, the receipt of which is hereby acknowledged, Grantor
has this day bargained and sold, and by these presents does bargain, sell, quitclaim and transfer
unto Arden Hills Jack I, L.L.C., a Delaware limited liability company ("Grantee"), its
successors and assigns in that certain property described below as Tract C, together with the
"Occupants" (defined below) of said Tract C, the following:
A perpetual easement for street, and utility purposes over and across
Doc# 1717140\4
the forgoing described Tract A and Tract B, together with the right of
ingress and egress for pedestrians and motor vehicles to and from Tract C
from and to that certain publicly opened and traveled street and right-of-
way known as Round Lake Court, including those portions of said Round
Lake Court formerly known as Butchers Street and formerly known as 14th
Street Northeast (the "Easement").
.
2. Grantor agrees, at its cost and expense, to maintain, plow, repair and service Tract
A and Tract B the same as Grantor's municipal policies for and applicable to open and dedicated
streets of the City of Arden Hills, causing the surface thereof and improvements thereto to be
functionally useable for the purposes of the Easement as set forth above.
3. Grantee is the record fee simple owner of the following described Real Estate,
referred to herein as "Tract C":
Parcel I: The South 30 acres of the Northwest v.. of Section 21,
Township 30, Range 23, except the West 884 feet thereof and except the
following:
Beginning at the point on the South line of said 30 acres,
2033.0 feet East of the Southwest comer thereof; thence East to the
Southeast comer thereof; thence North to the Northeast comer
thereof; thence West along the North line of said 30 acres to a point
1768.0 feet East of the Northwest comer thereof; thence South 28
degrees 41 minutes East 559.7 feet, more or less, to the point of
beginning, except part deeded to State of Minnesota in Book" I 729"
RCR, page 988 and Book "2033" RCR, page 528;
.
and
Parcel 2: That part of the South 30 acres of the South Half of the
Northwest Quarter of Section 21, Township 30 North, Range 23 West,
Ramsey County, Minnesota, described as follows:
Beginning at a point on a line run parallel with and distant 33
feet Easterly of Line 1 described below, distant 200 feet Northerly of
its intersection with the East and West quarter line of said Section
21; thence run Southeasterly to a point on said East and West quarter
line, distant 220 feet Easterly of said intersection; thence run
Westerly along said East and West quarter line for 141.92 feet;
thence deflect to the right on a non-tangential curve, concave to the
Northeast, having a delta angle of 57 degrees 43 minutes 04 seconds,
a radius of 167 feet and chord azimuth of335 degrees 03 minutes 51
seconds, for 168.23 feet, more or less, to an intersection with said 33
foot parallel line; thence run Northerly on said 33 foot parallel line
for 52.28 feet to the point of beginning;
.
2
Doell 1717140\4
.
.
.
Together with
That part of the South 30 acres of the South Half of the Northwest
Quarter of Section 21, Township 30 North, Range 23 West, Ramsey
County, Minnesota, described as follows:
From a point on said Line I, distant 499.53 feet North of
its point of termination, run Easterly at right angles to
said Line I for 33 feet, to the point of beginning; thence
continue Easterly on the last described course for 33
feet; thence run Northerly parallel with said Line I for
170.53 feet, more or less, to the North line of said South
30 acres; thence run West on said North line to its
intersection with a line run parallel with and distant 33
feet East of said Line I; thence run South on said 33 foot
parallel line for 167.76 feet, more or less, to the point of
beginning.
Except the following:
That part of the South 30 acres of the Northwest Quarter
of Section 21, Township 30, Range 23, lying within the
circumference of a circle having a radius of 62.00 feet.
The center of said circle is the point of intersection the
East line of the West 1,266.91 feet of the Southwest
Quarter of said Section 21, Township 30, Range 23 with
a line parallel with and 26.30 feet Southerly of the South
line of said South 30 acres of the Northwest Quarter,
Ramsey Connty, Minnesota.
Line I:
Beginning at a point on the North line of said Section
21, distant 1180 feet East of the Northwest corner
thereof; thence run Southerly at an angle of75 degrees
28 minutes 41 seconds from said North section line
(measured from West to South) for 1105.99 feet; thence
deflect to the left at an angle of 17 degrees 04 minutes
13 seconds for 167.08 feet; thence deflect to the right on
an 00 degree 44 minutes 14 second curve (delta angle 07
degrees 08 minutes 33 seconds) for 968.91 feet; thence
on a tangent to said curve for 600 feet and there
terminating.
4. This Easement shall run with the land, benefit and be appurtenant to Tract C and
the rights, conditions and provisions hereof shall inure to the benefit of and be binding upon the
successors and assigns of the Grantor and Grantee.
5. The Easement may be enforced against the fee simple owner of either Tracts A
3
Doc# 1717140\4
and B or Tract C by legal or equitable action (including specific performance) in Ramsey County .
District Court. In the event any such action is commenced, the prevailing party shall be entitled
to recover its costs and expenses incurred in such action, specifically including reasonable
attorneys' fees, against the non-prevailing party or parties.
6. This Agreement may be amended by and only by a written agreement executed by
the fee simple record owners of Tracts A, Band C. In no event shall the consent or signature of
any "Occupant" (as defined below) be required for any amendment, modification or termination
of this instrument or of the Easement created herein. All amendments, to be effective, once duly
signed shall be recorded or filed in Ramsey County, Minnesota, in the same office in which this
instrument is recorded or filed to given constructive notice thereof. "Occupant" or "Occupants"
shall mean the employees, invitees, licensees, agents, contractors and tenants of, and other
persons authorized by the fee simple owner of Tract C to enter upon and utilize the Easement.
IN WITNESS WHEREOF, the undersigned has hereto set their hands.
CITY OF ARDEN HILLS
BY:
ITS: Mavor
.
Aooroved as to Form:
Jerome P. Filla, Arden Hills City Attorney
STATE OF MINNESOTA )
:ss.
COUNTY OF RAMSEY )
On this day of ,2003, before me, a Notary Public within and for
said county, personally appeared , to me known to be the Mayor of the
City of Arden Hills, and he/she executed the foregoing instrument and acknowledged that he/she
executed the same by authority and on behalf of the City of Arden Hills.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Lindquist & Vennum P .L.L.P. (LBG)
4200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
.
4
Doc# 171714014
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~HILLS
MEMORANDUM
DATE:
Agenda Item 3. C
April 8, 2003
TO:
Aaron Parrish; Interim City Administrator ~
Thomas 1. Moore; Director of Operations & Maintenance ~ j _ ~
Appointment of Ms. Joam Werner to the 2003 PTRC.
FROM:
SUBJECT:
Backl!round
Ms. Joani Werner of 1758 Cannon Avenue has applied to become a member of the Parks, Trails
and Recreation Committee. Joani has been a resident of Arden Hills since 1994. Her daughter
has been a participant in our Recreation Programs and the family is a frequent user of our parks
and trails.
Joani was recommended by Mr. Don Messerly, a current PTRC member. She attended the
March 25, 2003 PTRC meeting to get a better understanding of the PTRC's focus. The PTRC
unanimously recommends her appointment.
Staff Recommendations
Staff recommends that Ms. Joani Werner of 1758 Cannon Avenue be appointed to the 2003
Parks, Trails and Recreation Committee.
.
.
.
URS
AGENDA ITEM 3.0
URS
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
To:
Aaron Parrish/Arden Hills
Interim City Administrator
File: 37951-022-0101
From:
Gregory S. Brown U Ik
Arden Hills City EngineerJYVI&-\
April 9, 2003
Date:
Subject:
Pay Estimate #6
2002 Sanitary Sewer and Water Main Rehabilitation Project
Background
The City of Arden Hills awarded Visu-Sewer Clean & Seal of Fridley, MN the 2002 Sanitary
Sewer and Water Main Rehabilitation Project on August 12, 2002 for a total contract amount of
$246,435.50. Pay Estimate #1 through #5 for a total of$219,797.86 was approved by the
Council. Change Order (1) One was approved on March 10, 2003 in the amount of $84,992.50
to complete the remaining 8 inch lines in the project area
Project Status
Water Main
The Contractor has completed the directional boring, connection of the watermain and all
associated items. The line is now functional.
Sanitary Sewer
The Contraetor has eompletcd thc manhole adjustments and relining.
Sanitary Sewer Test and Seal
The Contractor is essentially complete with the original scope of work. And has
completed approximately half of the change order work.
Recommendations
The Arden Hills City Engineer recommends the Council approve Pay Estimate #6 for Visu-
Sewer Clean & Seal of Fridley, MN in the amount of$41,843.84. A retainage of 5.00% is being
held for this project.
~.
.
.
URS
Agenda Item 3.E
MEMORANDUM
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (6] 2) 370-0700
Fax: (612) 370-1378
To:
Mr. Aaron Parrish/
City of Arden Hills
Copy:
Nick Landwer/lJRS
Tom Moore/AH
File:
379510232001
From:
Greg Brown 1te.<' ~ 44-ej ~lo\.
Arden Hills City Engineer
Date:
April 14, 2003
Subject:
2003 PMP No Parking Resolution
Background
The 2003 PMP includes the reconstruction of Ingerson Road and Hamline Avellue whilSh J;iaye'
been designated as State Aid streets and will be substantially funded from the City's State Aid
account. As a part of the MnDOT State Aid plan approval process, the City Council needs to pass
Resolution 03-36 prohibiting parking on Ingerson Road and Hamline A venue. The State Aid
design standards require at least 36 feet of width if parking is to be allowed. Since our proposed
width is 28 feet, the State requires to have the City Council pass a resolution prohibiting parking
for their files prior to approving the plan.
MnDOT does not require thilt any no parking signage be installed for the project and enforcement
ofthe resolution is entirely at the City's prerogative - therefor this resolution will not force the
City to treat Ingerson Road and Hamline A venue residents differently than other City residents
relative to on streetparking.Stovye Avenue also required a no parking resolution be passed by
the Council when it was reconstructed in 1998.
Recommendation
The City Engineer recommends that Council pass Resolution 03-36 prohibiting parking on.
Ingerson Road and Hamline Avenue.
PROJECTS\ARDENHIL\37951\GENERAL\Documents\Agenda Memo 4-14-03ltem 3fdoc
.~
~
~~HILLS
City of Arden Hills
Ramsey County, Minnesota
RESOLUTION NO. 03-36
A RESOLUTION
ADOPTING A NQ.P ARKING PROVISION
FOR INGERSON ROAD AND HAMLINE AVENUE
WHEREAS, the Gty of Arden Hills has planned the improvement of Ingerson
Road and Harnline Avenue, and
WHEREAS, the Gty of Arden Hills will be expending Municipal Street Aid Funds
on the improvements of these streets, and
WHEREAS, these improvements do not provide adequate width for parking on .
both sides of the street and approval of the proposed construction as a Municipal State Aid
Street project must therefore be conditioned upon certain parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED: by the Council of the
Gty of Arden Hills, that the Gty shall ban the parking of motor vehicles on Ingerson Road
and Harnline Avenue at all times.
ADOPTED by the Council this 14th day of April, 2003.
Beverly Aplikowski, MAYOR
ATTEST:
Cynthia Young, DEPUTY aERK
.
,
. .
.
.
.
URS
Agenda Item SA
MEMORANDUM
Thresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
To:
Nick LandwerlURS
Tom Moore!AH
379510232001
Mr. Aaron Parrish!
City of Arden Hills
Copy:
File:
From:
Greg Brown
Arden Hills City Engineer
Date:
March 31, 2003
Subject:
2003 PMP Assessment Hearing
Backl!:round
The City Council conducted an assessment hearing on March 31, 2003 for the 2003 PMP. A total of
22 written appeals were received by City staff from the affected residents ofthe project. Staff has
reviewed each appeal and prepared a written response letter to each individual explaining the
assessment calculation and notifying them of the current staff recommendation (adjustment or no
change) regarding their assessment. Of the 22 appeals received, staff is recommending that
adjustments be made to 5 assessments based upon lot geometry etc. In most cases where staff
recommends adjustments, multiple scenarios apply to the property (ie shallow lot and odd shaped
lot) and we have chosen the least costly calculation for the resident(the initial role used a more costly
calculation). We have prepared a revised assessment role for the entire project with the 22 properties
with pending appeals highlighted. The proposed adjustments (if any) and staff comments for each
appeal are included along the right side ofthe assessment role. Copies ofthe letters sent to residents
also are attached for Council information.
Many of the appeals were based upon comer lots which were assessed for projects occurring more
than 5 years ago. The staff recommendation to maintain the proposed assessments is based upon the
current assessment policy. There have been discussions over the past several years regarding the
elimination of the 5 year window and Council may decide to rule in favor of these residents based
upon those discussions. Regarding the comer lots, staff recommends that the assessments either be
levied as proposed or eliminated completely for those residents.
The residents were all informed that they could make their case at the April 14,2003 Council
Meeting if they still had an objection to the assessment.
PROJECTS\ARDENIIIL\37951\GENERAL\Documents\Agenda Memo 4-14-03 Item 5Adoc
,
)
)
. March 3151,2003
John and Katherine King
1209 Karth Lake Drive
*Proposed assessment = 139.22 feet = $1,670.40.
. Obiection to proposed pavement assessment:
We feel it is unfair to be penalized for having a street-wide, yet shallow lot. Our square
footage is actually less than most of the lots on our street, yet we have been assessed
more because we have a wide lot. The city has assessed us at 139.2 feet (actual street
width), even though our lot most closely resembles the "shallow lot" in the city's
frontage foot calculation examples.
Thus, using the "shallow lot" calculation, the adjusted frontage would be:
14,363.69/130 ft. = 11 0.5 foot frontage
Fair assessment:
.
Even at 110.5 feet, this would mean that our lot would have one of the largest
assessments on Karth Lake Drive. Ibis, we believe, is still unfair since our lot is one of
the smaller lots if you consider total square footage. Wouldn't the total square footage of
the lot be a fairer way to assess?
It is our belief, since our lot is smaller than average, our home is of lesser value than most
homes in our neighborhood, and we will not be gaining anymore access and/or use of the
newly paved road than anyone else in our neighborhood, we should not be paying more
than any of our other neighbors. Simply dividing the assessment cost by the number of
homes would defmitely be the fairest way to assess individuals.
Thank you for your ti~ "",,~. consjd!ration in this matter.
0-<- /fi... rn:.. ~VW;W cYI1
.John and Kathedlle King \~
1209 Karth Lake Drive
651..(j97-0202
.
~
~~HILLS
1 .. r
.
Apri] 8, 2003
John and Kathcrine King
1209 Karth Lake Drive
Arden Hills, MN 551]2
Dear Mr. and Mrs. King:
]n your Assessment Objection Form from the 2003 PMP Assessment Hearing, you statcd that
you believe a shallow lot assessment calculation should be used for your Jot.
Using the shallow lot assessment calculation, lot arca divided by 130 feet, your assessment
should be (14,363.69/130feet) ~ ] 10.5 frontage feet. The adjustment changes your total
assessment to $1,326.00.
Your objection has been reviewed by Arden Hills City Staff and recommended for approval.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.\alci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~]y,
~~.~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
.
2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
Name: 81''(1).''''' d-- Dd,('<>- L.\\".J",,,,~<,-~
Address: 1\ "l ') 1\ ",hl<-- \),
Phone No: 651 b!,b (,D~~
Reason(s) for your objection to the assessment:
(please be as specific as possible.)
:i 0........ 0.1,1"'--1,\"'::, <\-0 ~k f<'o t'os~~ O-ss e'SS <'^-<~~ o~ M'( \J"'~~'(
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~
~~HILLS
.
April 8, 2003
Bryan & Debra Lillehaugen
1145 Amble Drive
Arden Hills, MN 55112
Dear Mr. & Mrs. Lillchaugen:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for both sides of your comer lot and to pay twice for a
portion on Amble Circle.
To address the first issue, the comer lot assessment adjustment applies to projects completed
within 5 years of each other. Since Amble Drive was constructed in 1995, as stated in your
Objection Form, it is no ]ongcr within the 5 year period and thus, the Amble Circle assessment is
calculated using full front frontage.
A]though the Amb]e Drive Project paving transitioned into Amble Circle, it is our understanding .
you were only assessed for your footage along Amble Drive.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
]fyou disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April ]4,2003.
For any other questions, please fee] free to contact me at either of the following: E-mai]:
tom.moore.@ci.ardcn-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
Sincerely,
~~~~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown ~ City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
.
.
.
To: City of Arden Hills
March 31, 2003
From: Greg & Pamela Clifford
4422 Pleasant Drive
Arden Hills, MN, 55112
Regarding: 2003 PMP assessment for 4422 Pleasant Drive in Karth Lake East
To whom it may concern, I would like to appeal the $6,196.50 which has been
proposed as the assessment to 4422 Pleasant drive (my home). This is
associated with the re-paving of the Karth Lake East neighborhood.
This residence is a corner lot (bordered by Amble Dr. and Pleasant Dr.). In 1998 *
I was assessed $4,723.67 (93.5 f1- x $48.95 per foot) for the re-paving of Amble
Drive. Given this recent assessment I submit the "comer lot adjusted front
footage" method should be used to compute the assessment for this stage of the
"Pavement Management Project".
Using the "corner lot adjusted front footage" method (see attached provided by
the City of Arden Hills) I compute the 2003 assessment to be:
Short Side of corner lot = 96.54 ft.
Long Side of corner lot = 123.53 ft.
Adjusted front footage = 96.54 ft. + 1/3 x 123.53 ft. = 137.7 ft.
hence,
Adjusted assessment = (137.7 x $51) - $4723.67(1998 payment) = $2300.
Given the fact that there is a policy in place for more fairty assessing the road
improvements for corner lots, I submit the equitable assessment for this project is
$2,300.
If you have any questions please feel free to contact me at (651) 636-2796
(home) or (651) 697-0595 (work).
Sincerely, Greg & Pamela Clifford
~~ '0,/"
P M7LJ !3 hi /tJ-3
~ Per f ~ w",-~J 4k *- tlA ~O'rf.-
~
~~HILLS
.
April 8, 2003
Greg & Pamela Clifford
4422 Pleasant Drive
Arden Hills, MN 55] 12
Dear Mr. & Mrs. Clifford:
In your Assessment Objeetion Form from the 2003 PMP Assessment Hearing, you stated that
you objeet to paying the full frontage for both sides of your eomer lot and to pay twiee for a
portion on Pleasant Drive.
To address the first issue, the comer lot assessment adjustment applies to projects completed
within 5 years of each other. Since Amble Drive was constructed in 1995, it is no longer within
thc 5 year period and thus, the Pleasant Drive assessment is calculated using full front frontage.
Although the Amble Drive Project paving transitioned into Pleasant Drive, it is our
understanding you were only assessed for your footage along Amble Drive. For the current
assessment, using odd shaped lot calculations from the Arden Hills Assessment Manual, your
assessable frontage is 121.5 feet.
.
Your objection has been review'ed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.iilici.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~e1Y,
~~.~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills + 1245 West Highway 96 + Arden Hills, MN + 55112.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.ns
. Dean & Karen Kloeckner
~
10 flU- ~d
4425 Pleasant Drive
Arden Hills, MN 55I12
651-631-9689
dklO€ckner@ottbi.com
.
April4tb, 2003
Thomas J. Moore
Director of Operations and Maintenance
City of Arden Hills
1245 West Hwy. 96
Arden Hills, MN 55112-5794
"----"""""1
n?R - 4 Z003 I
I I
-'-V-""" ,-_,.. -... .--
ell , v~. h,-:,_J,-.","\, HtL~
Dear Tom.,
Thank you for your follow up to my questions recently regarding the Pavement
Management Program (pMP) in our neighborhood.
The purpose of this letter is to formally post an objection to how the assessment for the
PMP has been derived and allocated. Our concern does not stem from the fact that the
streets in our neighborhood need the work that is proposed. Rather our objection is based
on how the assessment is allocated.
.HelP me understand the rational behind why my next-door neighbor is assessed
approximately $1,000 less, yet they have more street frontage (6 feet more according to
your map). While I recognize that our lot is larger (approximately 2,200 square feet), I
still fail to see the rational for the assessment difference.
Again, I must thank you Tom for the assistance you have given me to this point. While I
wanted to but was unable to attend the City Council meeting this past Monday evening, I
believe this issue must be addressed to determine a more fair allocation of the cost.
Recognizing that for a young family, producing nearly $6,000 for street reconstruction is
quite a burden, especially with the economy and business climate we are in. Not a
particularly good time.
I look forward to a response by you and I or the City Council.
Regards,
. 'Tku 15. /Ikd-
~~(9tJ~
Dean B. Kloeckner
Karen J. Kloeckner
~
~~HILLS
.
April 8, 2003
Dean & Karen Kloeckner
4425 Pleasant Drive
Arden Hills, MN 551]2
Dear Mr. Kloeckner:
]n your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with our lot calculation.
Your assessable frontage was determined using the Arden Hills Assessment Manual and was
based on the average of the front and back widths of your lot. The assessment frontage has been
adjusted to 120.4 feet.
Your objection has been reviewed by Arden Hills City Staff and recommended for change.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, April ]4,
2003.
e
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(Glci.arden-hil1s.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~y,
~~.~
ThomasJ. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . t245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden~hills.mn.us
, , ,
.,
)
.
2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31,2003
Address:
ASSESSMENT OBJECTION FORM
S0lil d- 4trici~ rrlr,Dvn~h
L}l-fSd PJf'_aSC2Jnt -p, Phone No: 103s-7tJt93,
Name:
Reason(s) for your objection to the assessment:
(please be as specific as possible.)
y '~:''B~~ LAH:H '1~
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.
.
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~
~~HILLS
Apri] 8, 2003
Sean & Patricia McDonagh
4452 Pleasant Drive
Arden Hills, MN 55]]2
Dear Mr. & Mrs. McDonagh:
]n your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with our lot calculation.
According to the Arden Hills Assessment Manual (page A-2), the assessment of a property on a
cu]-de-sac is as follows. The average depth of the two sides of the lot is divided into the total
area of the lot. The result is the front footage and in the case of your property is 97.07 feet
(14333.46 square feet area oflot /147.66 feet average depth oflOI).
e Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, Apri] 14,
2003.
For any other questions, please feel free to contact me at either of the following: E-mai]:
tom.moore.{aJ,ei.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~]y,
~&~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
e
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
.
.
.
.'--,
I )
, )
1 )
2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
Name: Qall ~1'~~)"rA~nl
Address: 4YIoO- Pt-e=tSCtY\.,+ 0(. Phone No: lD5\-\.o~\.o-~{C9(j
Reason(s) for your objection to the assessment:
(Please be as specific as possible~)
Wlv /laulJ 7)U.J Sma;U.AlY;1 -+/uyIJ-faJb O/l7i
nUl> ~ ~ .dw fJ'jlclyAS/ tfJ~ I Cop. J./rl -/l; w h~
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03 -f+. O/hd q~Sec,E'<f'" fa.:JD7<90.
,
~
EN HILLS
.
April 8, 2003
Dan Bickham
4460 Pleasant Drive
Arden Hills, MN 55]]2
Dear Mr. Bickham:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with the assessable frontage calculation.
According to the Arden Hills Assessment Manual (page A-2), the assessment of property on a
cul-de-sac is calculated as follows. The average depth of a lot, which is the average of both sides
of the lot, is divided into the total area of the lot. The result is the assessable footage, which in
the case of your property is 121.75 feet (17562.54 square feet oflot area / ]44.245 feet average
lot depth).
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, April ]4,
2003
For any othcr questions or concern, please feel free to contact me at either of the following: E-
mail: tom.moore.(al,ci.arden-hills.mn.us. Fax: 651.634.5137, or at City Hall: 651.634.5133.
~~-~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . t245 West Highway 96 . Arden Hills, MN . 55lt2.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-bills.mn.us
\ ~)
.
2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31,2003
Name:
ASSESSMENT OBJECTION FORM
Pi rvlw 11 tV
qifif, fiPJr4\!TDrLv Phone No: [.r)"':>- ()~V
Address:
Reason(s) for your objection to the assessment:
(Please be as specific as possible.)
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'1: ;;~;;; 11/ ' (, 0 y n;j4 +- .
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f I ~.~ J ( -+ '---:--.
~t~b'v'.1~b) \J tl1r'Lhy\D 520-J'fY\.<;A '); l'JIJ.1r:-f(/
P:""rJI~, D i';"'V;:n-. ;vZQW'IJ /{ri PI II'>'! o"Ji -1 F'64~ ~
(5?y frmvl', 1 y t.rVfL ~~ ;; I~~ 120110 rl, / J-/ (
.
~
~~HILLS
.
April 8,2003
Ray Muchel
4466 Pleasant Drive
Arden Hills, MN 55112
Dear Mr. Muchel:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with our assessable frontage calculation, which I am writing to clarify at this time.
According to the Arden Hills Assessment Manual (page A-2), the assessment of property on a
cul-de-sac is calculated as follows. The average depth of a lot, which is the average of both sides
of the lot, is divided in to the total area of the lot. The result is the assessahle footage, which in
the case of your property is 110.92 feet (15611.87 square feet of lot area / 140.75 feet average lot
depth).
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14,
2003.
For any other questions or concern, please feel free to contact me at either of the following: E-
mail: tom.moore.la1ci.arden-hil1s.mn.us. Fax: 651.634.5137, or at City Hall: 651.634.5133.
~d'~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, 1\IN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.rnn.us
.
.
.
; )
i )
2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
Name: <1;<7'1 C fJr /*
Address: IllS 4~/b/J)jL--
bSl~?33~7;~5
Phone No:
Reason(s) for your objection to the assessment:
(Please be as specific as possible.)
//~~~/
~
~~HILLS
.
April 8, 2003
Troy E. Peck
1113 Amble Drive
Arden Hills, MN 55112
Dear Mr. Troy Peck:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for both sides of your comer lot and to pay twice for a
portion on Amble Circle.
To address the first issue, the comer lot assessment adjustment applies to projects completed
within 5 years of each other. Since Amble Drive was constructed in 1995, as stated in your
Objection Form, it is no longer within the 5 year period and thus, the Amble Circle assessment is
calculated using full front frontage.
Although the Amble Drive Project paving transitioned into Amble Circle, it is our understanding
you were only assessed for your footage along Amble Drive.
.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(a)ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
Th'm'd.Mooc, j, ~
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Ilills . t245 West Highway 96 . Arden Hills, MN . 5S112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden.hills.mn.us
')
. March 31,2003
.
.
City of Arden Hills
Arden Hills, MN 55112
To the City of Arden Hills:
I have some comments on the street project of Amble Circle!
First of all, in 1995, the City replaced the street on Amble Drive at an extra cost due to
poor installation back in the 70's. At that time, the City stated if they replaced Amble
Circle within five years, the East end of my property would not be assessed. It's a no
brainer that the City would wait at least five years. Back in 1995, I paid for 120 front foot
and 21" on east end with sewer drain. Now you want to charge us for the total 98' when you
reconstruct Amble Circle: I request a new cost at 77'.
I believe this is fair!
With that said, will home owners have an option to have driveways black-topped at the
same time at a reduced cost as equipment is already there doing the street?
My other issue is regarding the time-frame of construction being possibly July or August.
The City has granted me permission the pa~t four years to park my Studebaker Club autos
at an angle for my Club BBQ and meeting. This year the BBQ is July 5th. Could I please be
kept informed as to the schedule of construction of my street? If the circle could be done
last, I would not have to change my Studebaker Club meeting plans.
I do plan to pay this assessment up front and keep it off my taxes.
Thank you for hearing our concerns!
Jerry and Rita Pearson
1121 Amble Drive
Arden Hills, MN 55112
651-635-0161
~
~~HILLS
.
April 8, 2003
Jerome Pearson
1121 Amble Drive
Arden Hills, MN 55112
Dear Mr. Pearson:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for both sides of your corner lot and to pay twice for a
portion on Amble Circle.
To address the first issue, the corner lot assessment adjustment applics to projects completed
within 5 years of each other. Since Amble Drive was constructed in ] 995, as stated in your
Objection Form, it is no longer within the 5 year period and thus, the Amble Circle assessment is
calculated using full front frontage.
Although the Amble Drive Project paving transitioncd into Amble Circle, it is our understanding .
you were only assessed for your footage along Amble Drive.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.<iV,ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
cL ~. ~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
..
0410710310:31 AM
To: Greg_Brown@urscorp.com, Nick_Landwer@urscorp.com
ce: aaron.parrish@ci.arden-hills.mn.us
Subject: FW: Appeal for Property 10 #343023130016
tom.moore@ci.arden.h
iIIs.mn.us
Here is another one to consider.
Thomas J. Moore
Operations and Maintenance Director
City of Arden Hills
Phone: 651 634-5133 Fax 651-634-5137
Website: www.ci.arden-hills.mn.us
-----Original Message-----
From: Dave Silverstein [mailto:daves@wmpl.org]
Sent: Monday, April 07, 2003 9:12 AM
To: 'tom.moore@ci.arden-hills.mn.us'
Subject: Re: Appeal for Property 1D #343023130016
Dear Mr. Moore,
Thank you for your letter dated March 7th. 2003. We are also thankful that
the City of Arden Hills is concerned in taking good care of its
neighborhoods and streets!
The City has assessed $7059.42 based on the linear frontage of our property
at 1322 Cannon Ave. Since this property is situated on a corner lot, the
assessment is higher than the average properties in the area. We appeal the
frontage calculations to be adjusted to approximately 100 linear feet. This
would be more conistent with other homes in the area.
.
Thank you for your kind attention in this matter.
David Silverstein
Admin. Assistant
World Mission Prayer League
.
~
~~ILLS
.
April 8, 2003
David Silverstein
1322 Cannon Avenue
Arden Hills, MN 55]]2
Dear Mr. Si]vcrstcin:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for both sides of your corner lot on ] 322 Cannon A venue.
The assessable frontage is determined using the Arden Hills Assessment Manual and in the ease
of a corner lot, states that the adjusted assessment footage is 1/3 (the longer side) + (the shorter
side). For your property, the calculations are as follows: ]/3 * (152.55 feet) + 87.57, making
138.4 feet your assessable frontage.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.{alci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
t:;;;!y,
2L G~ ~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.ardcn~hills.mn.us
(~
(~
t~
March 14,2003
RECEIVED
MAR 1 {~ 2003
CITY Of ARDEN HILLS
To the MayoHK CiiyClerk of Arden Hills,
This letter is in response to the information we received regarding the reconstruction and
overlay-efthe Ing€fSOll.neighbomood roads.
We live at 1228 Carlton Drive and have a frontage of95.5 feet of which about 3% has not been
imnroved. Willtne.CityefAmea.lJiYs.btHemoving-_existingCllfb-a,nd tearing up the street
in front of our house to replace what has already been completed?
We would liketo-appeal9W" ~ment of$4,869.48.
Please contact us regarding this proposed assessment against our property. Thank you for your
attention on this matter.
Gary and Carol Abrahamson
1228 Carlton Drive
65l.633-1435 -
~
~~HILLS
.
April 8,2003
Gary & Carol Abrahamson
1228 Carlton Drive
Arden Hills, MN 55112
Dear Mr. & Mrs. Abrahamson:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage assessment along Carlton Drive.
After reviewing the council minutes from the Assessment Hearing for the Tiller Lane
Improvement Project dated April 27, 1992, it appears that your property was excluded from
assessment at that time. Henceforth, you are currently being assessed the full frontage of your
property, which has been determined using the Arden Hills Assessment Manual. The resulting
assessable frontage is 95.5 feet (19096 square foot area /200 feet average of both sides).
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.lalci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~elY,
~
~-
Thomas J. Moore
Director of Operations and Maintenance
~
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden.hills.mn.ns
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31,2003
ASSESSMENT OBJECTION FORM
Name: ~\f\r\ DiaL
Address: 1\4~ ~r\ Rd.
fo5(
Phone No:~~
Reason(s) for your objection to the assessment:
(Please be as specific as possible.)
'I
!
Date:
Re:
City of Arden Hills
Lynn Diaz
1143 Ingerson Road
March 31, 2003
Assessments against properties on Ingerson Road and
Hamline Avenue
.
To:
From:
MnDOT State Aid Funds are given to cities for the purpose of
maintaining state aid roads. Ingerson Road and Hamline Avenue are
designated as state aid roads. If the money was meant to be general
aid to cities, it would not be necessary to specify which roads are
state aid roads. If the City applies the state money to road projects in
general, then it is ignoring the intended purpose of the aid. When
Roseville reconstructed Josephine Blvd. they did not charge residents
because they felt that receiving state aid money for the project and
also charging residents would be "double dipping." The residents of
state aid roads are the ones who bear the burden of the increased
amount of traffic and speed of traffic on their street (which also
probably contributes to more rapid degradation of the roadway), and .
therefore should be the ones to benefit from the state aid money
provided for the maintenance of these roadways. In summary, I am
requesting that State Aid Funds be subtracted from the cost of
reconstructing Ingerson Road and Hamline Avenue before calculating
the cost of assessments against properties on these two streets.
Respectfully,
/?
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Lynn Diaz
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~~HILLS
April 8, 2003
Lynn Diaz
1143 Ingerson Road
Arden Hills, MN 55112
Dear Ms Diaz:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you believe State Aid funds should be used to defray the reconstruction on your street before
assessments are calculated.
It is City Policy to assess properties along State Aid roads the same as non-State Aid roads.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(W,ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
{.~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
City of Arden Hills . 1245 West Highway 96 . Arden HiIIs~ MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
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RECEiVED
MAR 2 4 2003
CITY OF AROEN HILI S
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Apri] 8, 2003
Frances Swenson
12] 6 Ingerson Road
Arden Hills, MN 55] 12
Dear Mrs. Swenson:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
your assessment should be $49 per foot, averaging the front and back.
Your assessment calculation was based only on your frontage to Ingerson Road using a short lot
calculation of the area of your lot divided by 130 feet.
Your objection has bcen reviewed by Arden Hills City Staff and recommended for denial.
]f you disagree with the recommendation, you will be given a chance to address the City Council .
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.lalei.arden-hills.mn.us Fax: 65] .634.5137, or at City Hall: 65] .634.5]33.
E
Thomas J. Moor~. ~
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ei.arden-hills.mn.us
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
Name:~() +- !O{)JJlJe rjj,-ut,dAJ
Address: I ??,S TJJ&B!k')&D ~,(J)~ _ Phone No: t3&-1J8R3
Reason(s) for your objection to the assessment:
(please be as specific as possible)
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April 8, 2003
David and Yvonne Wilken
1225 Ingerson Road
Arden Hills, MN 55112
Dear Mr. & Mrs. Wilken:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to being assessed for the proposed street work and do not feel the project is warranted.
Although we understand that the proposed assessments may present a financial hardship for
some residents, the City Policy is to assess all abutting residents for roadway improvement
projects. Furthermore, we respect your opinion regarding the merits of the project however, City
Staff and the City Council have determined that this improvement project is in the best long-term
interest of the City.
.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14,
2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.\aJ.ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~'
~~.~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
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March 18, 2003
To: Mayor and Council Members City of Arden Hills
From: David Dudycha
Dorothy Vawter
RI::..~e'l'w:Ol
'\ 'VECo~. L~~ I
MAR 2 5 2003 I
I CITY OF ARD~
Re: Objection to Proposed Assessment of 1226 Ingerson Rd for Street Pavement
Improvement
As the owners of the property at 1226 Ingerson Rd., we wish to provide written
objection to the method used by the City of Arden Hills to determine the front
footage of our property fur the street pavement improvement assessment of the
2003 PMP project for the reconstruction and overlay of City streets in the Karth
Lake East and Ingerson neighborhoods.
The City staff has calculated the assessment amount to be assessed against our
property in their March 7,2003 letter as follows:
Property ID Address Footage Rate Assessment
Amonnt
343023420026 1226 In~erSOll RD 189.9 $51 9,684.90
We believe the method used by the City's staff to determine footage does not
comply with the definitions and calculations in the City's Assessment Policy,
which a~ly to our lot. The primary oversight in the City's calculation in the
March 7 letter is that the calculation failed to take into account that our lot's
depth averages less than 130 ft. According to the City's Assessment Policy, a lot
with an average depth less than 130 ft. is classified as a "shallow lot". A shallow
lot's footage calculation uses a specific formula to determine assessment footage,
which differs from the formula used by the City's staff.
Background: The parcel at 1226 Ingerson Rd is an undersized, irregular, and
triangular shaped lot located at the intersection ofIngerson Rd and Ingerson Ct.
1226 Ingerson = 9,697 sq ft*
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Ingerson Rd
· sq. ft. from City's March 7, 2003 letter
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We believe that in the City's Assessment Policy the Assessment Units definition
on page 11 section 4 clearly identifies our lot as a "shallow lot". It states, "For
rectangular lots under 130 reet in depth or irregular lots averaging less than 130
feet in deDth. the front footage is determined by the actual lot area divided by 130
feet". Since the north boundary of the lot, which has the greatest depth, is only
1 00.35 ft, our lot clearly meets the criteria of averaging less than 130 feet in
depth.
Using the FRONfAGE FOOT CALCULATION EXAMPLE in the City's
Assessment Policy for Shallow Lots the assessment for 1226 Ingerson Rd should
be the following:
SWALLOW LOT FOOTAGE CALCULATIONS
Adjusted Front Footage ~ (Lot's Total Square Footage) 1130 ft.
1226 Ingerson Rd Calculation
Adjusted Front Footage = (Lots Total Square Footage)! 130 ft
Area of Lot = 9,697 sq ft /
Adjusted Front Footage = (9,697 sq ft)! 130 ft = 74.59 ft V
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Footage x Rate = Assessment amount
74.59 ft x $51 = $3,804.09
We believe the March 7th 2003 footage calculation is a mistake and request that
the council change the assessment.
Also of concern is an omission in the City's Assessment Policy to guide the
calculation for "double footage" and "corner lots" when the rates for the two
streets are different. In our case Ingerson Rd. has a $51/ft and Ingerson Ct has a
$47/ft rate. We believe a reasonable policy would be to average the rates ($49) for
the lot's assessment: 74.59 x $49 = $3,654.91.
Si)~~oJoS ])J~ L?..J-JJ.2-?"O-S
David Dudycha Dilte Dorothy V er Date
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~~HILLS
April 8, 2003
David Dudycha
Dorothy Vawter
1226 Ingerson Road
Arden Hills, MN 55112
Dear Mr. Dudycha and Ms Vawter:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
your assessment should be based on a shallow lot calculation.
Using the shallow lot calculation, lot area divided by 130 feet, your assessment should be
(9,697/130) = 74.6 feet. The adjustment changes your assessment to $3,804.60.
Your objection has been reviewed by Arden Hills City Staff and recommended for change.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.la!ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
~+~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31,2003
ASSESSMENT OBJECTION FORM
Name: 'Da 11>(J f Do 1111 c; i.{ { t--6: If- r?t....
Address: f('d'c2...aA ~ ["2--<75 0 ~ "" ~ rzA Phone No: &0 -l.{-<l z ~ <tq t;y
Reason(s) for your objection to the assessment:
(please be as specific as possible.)
~~ ~gi~~ :?~;~~e
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.
April 8, 2003
Dave & Dawn Gustafson
1280 Ingerson Road
Arden Hills, MN 55112
Dear Mr. & Mrs. Gustafson:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with our assessable frontage foot calculation.
According to our Tax Plat Records, the frontage for the lot in question is 185.3 feet. You will be
assessed for 185.3 feet.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the above recommendation, you will be given a chance to address the City .
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, Apri114,
2003. .
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(aJ,ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
~~~
Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
Robert B. Kennedy - 5713 Birch Rd., White Bear Township, MN 55110
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.lls
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No OI.4;V6E
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RECE!VED
MAR ;j 1 Z003
CITY OF kt,,_,j HILLS
-
City of Arden Hills
Karth Lake East and
Ingerson Project
Michael and Carrie Doody
1300 Ingerson Rd
Arden Hills, Mn 55112
March 31, 2003
RE: Notice ofFonnal Appeal on:Preliminary Special Ailsessment Charge
Dear SirlMadam:
The purpose of this letter is to fonnally object to the excess of charges being placed on
our property based on the following information:
~ Our property located at '1300 Ingerson Rd is a tIag lot. The lot is 20' of frontage
on the street side and 120' (jffrontage on the lakefront. According to assessment
our property is being charged $6,120 for 120'. Ail our street side frontage is 20'
.at $6,120 we are being charged at $306 per flllOt. This.is an unjust assessment
when compared with our neighbors.
o Our neighbors at 1298 Ingerson Rd. have 100' offrontage ofstreet side
and are being assessed at $5,100 or $51 per foot.
o Our neighbors at 1296 Ingerson Rd, have 100' of frontage on street side
and are being assessed at $5,100 or $51 per foot.
By our calculations we are being grossly overcharged by $255 per foot. This is obviously
a mistake and ()UC property needs to be reassessed to bring it in line with the assessment
charged to others on Ingerson Road.
To clarify this matter we have enclosed a map of the property at 1300, 1298, and 1296
Ingerson Rd mentioned above.
We appreciate the' ities time on this issue.
, .
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~~HILLS
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April 8, 2003
Michael Doody
1300 Ingerson Road
Arden Hills, MN 55112
Dear Mr. Doody:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object with our lot calculation.
Your assessable frontage was determined using the Arden Hills Assessment Manua] and was
based on a flag lot scenario. The front footage used is the lesser of the following: average lot
width (120.0 ft.) or lot area (33799 sq. ft. /200 ft. = 169.0 ft). The assessment frontage remains
at 120 feet.
Your objection has been reviewed by Arden Hills City Staff and recommended for denia].
.
If you disagree with the above recommendation, you will be given a chance to address the City
Council at the 2003 Pavement Management Program Assessment Hearing on Monday, Apri] 14,
2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(al,ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
d~
Thomas J. Moore
Director of Operations and Maintenance
~
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.rnn.us
. ,
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
Name/;(~ t~ri- L//t?/)Xy.......
Address: I 2.)2.--(} ~~ d- (
Reason(s) for your objection to the assessment:
(please be as specific as possible.)
Phone Nol:(3?.> ~? oi
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7/)~J?/ rJ1u ~~~AA~ ~/~~~
a~~"h ., "~ / .~ 7<'/-6 ~--.L/ ~ ~I'(.,.?
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.
April 8, 2003
Robert Woodburn
] 220 Ingerson Court
Arden Hills, MN 55]]2
Dear Mr. Woodburn
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for your portion ofIngerson Court.
The assessment calculation for your lot was based on straight footage abutting the Ingerson
Court Right of Way. The 60-foot portion of your lot along the "hammer head" of the Ingerson
Court Right of Way was not included in the calculation.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.@ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
~"""~. ~
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden-hills.mn.us
, ~. . . ~,
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TO:
FROM:
DATE:
RE:
City of Arden Hills
Josephine Hills Association
March 31, 2003
Objections to assessments against tbe property owned by tbe
Josephine Hills Association.
On behalf of the Josephine Hills Association ("Association") I object to the $7,355.50
proposed assessment against the property owned by the Association for the following
reasons:
. The City's Assessment Roll is inaccurate and overstates the amount offootage owned
by the Association along the City's Ingerson Court right-of-way.
. The property owned by the Association cannot be developed and thus should be
exempt from the City's Assessment Roll;
. The proposed assessment for improvement to Ingerson Court exceeds any special
benefit to the property owned by the Association and thus, should be exempt from the
City's Assessment Roll; and
. The City's proposed assessment to the Association's property produces unfair and
undesirable results and thus, should be exempt from the City's Assessment Roll.
The Association requests that it be allowed to present Oral Objections to the City's
proposed assessments on the property owned by the Association at the March 31, 2003
Council meeting.
JOSEPHINE HILLS ASSOCIA TION
rie A Alexander
President
3 51 Fernwood Street
Arden Hills, MN 551 12
()
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Mayor and Council members.
On behalf of the Josephine Hills Association ("Association") I would like to identifY and
discuss our objections to the City of Arden Hills' ("City'') proposed assessment of
$7,355.50 to the property owned by the Association and discuss why the Association
believes the City should exempt this property from the City's Assessment Roll
Before identifying the Association's objections to the proposed assessment, we request
clarification on the proposed footage rate. The Assessment Roll attached to the
November 12, 2002 Feasibility Report identifies a rate of $47 per foot for property along
the City's right-of-way on Ingerson Court. The line item on page 2 of the City's March
7, 2003 Notice of proposed assessments also identifies a rate of $47 per foot. However,
the next sentence in the Notice states the rate is $51 per foot. We assume that the $51 per
foot rate is a typographical error in the City's Notice. We request clarification from the
City and Council on this issue.
. The City's Assessment Roll is inaccurate and overstates the amount of footage owned
by the Association along the City's Ingerson Court right-of-way.
According to various maps of the City's right-of-way along Ingerson Court, there is 126'
along the east portion and 30' along the south portion for a total of 156' of right-of-way
land, not 156.5' as stated in the City's Notice.
.
Further, documents of record, filed with the Register of Deeds, Ramsey County, State of
Minnesota, clearly show that the Association does not own the above amount of footage
along the City's Ingerson Court right-of-way.
In 1965, 30' abutting the east portion of the City's right-of-way was sold to the then
owners of Lot 14, Block 4, Josephine Hills.
In 1965,30' of land abutting the south portion of the City's right-of-way was sold to the
then owners of Lot 16A, Block 4, Josephine Hills.
The total amount of footage the Association now owns is approximately 96' not 156.5' as
the City has identified in the Notice of Assessment
· The City's Assessment Policy adopted in November 1990 allows for the City to
delete land from its Assessment Roll "if in its opinion the land cannot be developed
and/or the improvement does not provide benefit" [NOTE: page 6 of the City's
Assessment policy] or if the assessment "produces unfair and undesirable results."
[NOTE page 3.] For the following reasons, we believe that the property owned by
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the Association meets all of the City's criteria for exemption, and, thus, should be
exempt from the City's Assessment Roll.
,. As to the City's first criteria that the land cannot be developed, effective January
14, 2002, the City adopted its Shoreland Management Ordinance. The Ordinance
identifies specific requirements that must be met in order to develop lakefront property.
· There must be a minimum of75' water frontage;
Although the Association's property abuts Lake Josephine, the Association does not have
75' feet of shoreline frontage.
· There must be a minimum 40' set back from the street;
. There must be a minimum 50' structure setback from the ordinary high water
mark;
. There must be a minimum width of75' at the building line.
The Fernwood Channel, which is protected by the Shoreland Ordinance as well as DNR
and Rice Creek Watershed Ordinances, and thus would be subject to stringent
requirements, travels through the Association's property. Even if there were enough
developable area between Ingerson Court and the Femwood Channel to meet all of the
set back requirements of the City's zoning ordinance, the Association property clearly
cannot be developed because of the requirements of the Shoreland Management
Ordinance.
Thus, under the City's Ordinance requirements, the property owned by the Association
cannot be developed now or in tbe future and therefore, should be deleted from the City's
Assessment Roll.
:;.. As to the City's second criteria that the improvement does not provide a benefit,
Minnesota Courts have long held that in order to assess property, the property must
receive a special benefit from the improvement and that the assessment may not exceed
the special benefit. The premise of this holding is that an assessment that exceeds the
special benefits to the property would be the taking or confiscating of property without
fair compensation which is a violation of the fourteenth amendment to the federal
constitution. [NOTE: Carlson-Lang, 240 NW2d at 520 (] 976) citing In re Improvement
of Superior Street, 216 NW 2d at 320 (1927); DeSutter 489 NW2d at 239 (1992).J The
Minnesota Courts have also held that the value of a special benefit is determined by what
increase, if any, there has been to the market value of the property. The Minnesota Court
of Appeal and Milmesota Supreme Court continue to hold that "[t]he.difference in
market value should be calculated by determining 'what a willing buyer would pay a
willing seller for the property before, and then after, the improvement has been
constructed m [NOTE: EHW, 503 NW 2d at 139 (1993); Joint Indep. School District,
256 NW 2d at 516 (1977).]
We would like to advise the Council that the Association's property is subject to an
easement of use by the heirs of Carl Ingerson. The Association does not have the legal
power to remove this easement from its property.
2
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To determine whether the assessment exceeds any special benefits. one needs to look at
what, if any, special benefits the proposed Ingerson Court improvement affords the
Association members and/or whether the improvement increases the market value of the
Association's property.
.
A functional roadway already exists and building a new roadway in itself does not
necessarily convey a special benefit The Association members that typically use the
property travel to the property by foot, not by vehicles. A new roadway will not provide
any new benefit to these members or if it does provide a benefit, its value is negligible.
The current configuration and structure of Ingerson Court provides the necessary means
for members to access the Association's property.
Returning to what the Minnesota Cowts have held that the market value should be
determined by what a willing buyer would pay a willing seller for the property before and
then after the construction of the improvement, one first has to determine: (I) how much
a willing buyer would pay for the vacant property if it already has a roadway that
provides access to the property and to the lake; (2) if the property is subject to an
easement for use held by others that cannot be removed by the Association and (3) the
property cannot be developed due to the requirements of the City's Shoreland Ordinance.
The critical determination is then how much a willing buyer would pay for the same
property with some roadway improvements that would (1) not provide better land or lake
access; (2) would not cure the easement the property is subject to, and (3) due to the
requirements of the City's Shoreland Ordinance, would not make the property
developable. We do not believe a buyer would be willing to pay more for the
Association property due to the proposed improvements to Ingerson Court.
.
Because the proposed improvements do not increase the market value of the
Association's property and the proposed assessment for improvement to Ingerson Court
exceeds any special benefit to the property, thus, failing to meet the applicable legal
standards, the City should delete the Association's property from its Assessment Roll.
~ As to the City's third criteria that the proposed assessment produces unfair and
undesirable results and thus, should be removed from the City's Assessment Roll; from a
review of the assessments assessed against homeowners in the roadway project at issue, it
appears that the assessments proposed to be levied against homeowners amount to less
than 3% of the market value of the assessed properties. However, in the case of the
property owned by the Association, even assuming the Council agrees that the
assessment should only be for ownership of96 feet of property along the City's right-of-
way on Ingerson Court as opposed to 1565 feet, the proposed assessment is 41 % of the
property valne based upon the 2003 assessed valuation of the Association's property_ If
the City maintains the $7,355.50 assessment that would be 66.9% of the property value
based upon the 2003 assessed valuation of the Association's property. Clearly, assessing
a small undeveloped, and undevelopable, piece of property 41 % of its property value,
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and undevelopable, piece of property 41 % of its property value, when homeowners in the
area are typically assessed less than 3% of the value of their properties, produces "unfair
and undesirable results."
At the very minimum, the property owned by the Association should be assessed at a
ratio which is no more than the assessment to value ratio that exists for the developed
homeowner properties within the scope of this project. The City's Assessment Manual
states that a criteria of fairness should be applied, We believe that assessing the
Association property at. a ratio that is more than 13 times: greater than the ratio at which
other properties in the neighborhood are assessed falls short of the City's own standard.
In summary, the Association believes that the proposed assessment against the
Association is based upon inaccurate information about the property owned by the
Association. We further believe that pursuant to the City's Assessment Policy the
Association's property fulfills all ofthe City's criteria for being exempt from the City's
Assessment RolL Namely, that it cannot be developed; the improvement provides no
special benefit, and that the proposed assessment produces "unfair and undesirable
results." We, therefore, object to the City's proposed assessment and request that itbe
deleted from the City's Assessment RolL
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April 8, 2003
Josephine Hills Association
Marjorie A. Alexander
3238 N. Hamline Avenue
Arden Hills, MN 55112
Dear Mrs. Alexander:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that:
. The Assessment Role overstates the front footage owned by the Association.
. The property cannot be developed.
. The assessment exceeds the benefit to the property.
Based on the plat information provided by the association, we agree that the frontage abutting
Ingerson Court should be reduced to 96 feet. Using the assessment rate of $47.00 at 96 feet, the .
assessment will change to $4,5 J 2.00.
Included is an exhibit showing that the lot can be developed for a single family home.
We believe the adjusted assessment amount is commensurate to the benefit of the property, as
Ingerson Court is the only access to the property.
Your objection has been reviewed by Arden Hills City Staff and recommended for change.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.{alci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
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Thomas J. Moore
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.d.arden-hills.mn.us
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
(1...., __. ,_ ASSESSMENT OBJECTION FORM
Nmne ~ l~ fj~
Address: "3 d-3 ~ /rl.tJ, ~ aN, PhoneNo:&3~_'- ?/13
Reason(s) for your objection to the assessment:
(Please be as specific as possible.)
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~~ILLS
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April 8, 2003
James L Danielson
3238 N. Hamline Avenue
Arden Hills, MN 55]]2
Dear Mr. Danielson:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
your frontage is only 70 feet.
Using the deep lot assessment calculation on page (A-2) in the assessment policy, the area of
your property was adjusted drawing a line 200 feet deep from the Right of Way on either side of
your lot. The calculation is the adjusted area divided by 200 feet (18,978 sq. ft. /200 ft.) = 94.9
feet. The adjustment changes your assessment to $4,839.90.
Your objection has been reviewed by Arden Hills City Staff and recommended for change.
.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore,(al,ci.arden-hills.mn,us Fax: 65] ,634.5137, or at City Hall: 651.634.5133.
9k: ,~
ThomasJ. Moore ~ '
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112.5794
Phone 651.634.5120 . Fax 651.634.5137 . www.d.arden-hiIls.mn.us
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YounR, Cynthia
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To:
Subject:
Lowell J. Anderson (kawelte@earthlink.netl
Wednesday, March 26, 2003 10:13 PM
cynthia.young@ci.arden-hills.mn.us
Pavement Management Program Assessment Appeal
Ms. Young: Thank you for taking the time to meet with me today in the
matter of the special assessment resulting from the Ingerson
neighborhood upgrades. I would appreciate if you would refer the
following to the Council for their consideration.
The man that we discussed who may be interested in serving as an
election judge is !uny Delger. He has served in several volunteer
capacities within the City. He presently lives at the Presbyterian
Homes Eagle Crest facility.
Mayor and Council Members, City of !uden Hills
Re: Property at 3162 N. Hamline Ave.
iaproperty is at the very south end of the Hamline, at the point where
lWiline touches Snelling Avenue. We would like to bring to your
consideration the following two points:
1. We currently have curb, gutter and storm sewer. It is in good
shape, being less then 20 years old. We were told by the previous
property owners that the property was assessed for these improvements at
that time.
In a time of fiscal hardships for all level of governments, it would
seem to be imprudent use of resources to replace something that isn't
broken! Therefore, we ask that existing curb, gutter and sewer in
front of our property not be replaced and our assessment reflect this
reduction in cost.
2. The frontage of our property is 125 feet. The other end of our
property is 75 feet. The City Assessment Policy appears to calculate
such a configuration by averaging the two widths. This would result in
a 100 foot assessable frontage.There is another calculation method that
.. total square footage. This method results in a similar assessable
~ge. Accordingly, and in keeping with City Policy, we request that
Cyrl\l1ia Young
Arden Hills Deputy Oesk
651.634.5126
cynthia.voung@d.arden-hins.mn.us
1
f;cmm~i1 clung, <he "~,,,"" fron"'gc '0100 f""
We regret that we could not be present this request in person, however,
pwfessional responsibilities prohibit our attendance.
Thank you for your consideration
Lowell J. Anderson
Kathy A. Welte
3162 N. Hamlirie Ave.
Arden Hills, MN
651.633.8802
<:ynthiaYoung
Arden Hills Deputy 0erIc
651.6345126
cynthja.voung@d_arden~hills.mn.us
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/]'\~ HILLS
April 8, 2003
Lowell Anderson & Kathleen Welte
3162 North Hamline Avenue
Arden Hills, MN 551]2
Dear Mr. Anderson & Mrs. Welte:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to your assessable frontage calculation.
According to the Arden Hills Assessment Manual, you are being assessed based on a long lot
configuration which is based on the following calculation: Total area oflot divided by 200 feet.
In the case of your property, 21,294 square feet total area I 200 feet, resulting in an assessable
frontage of 106.5 feet.
. Your objection has been reviewed by Arden Hills City Staff and recommended for change.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(llJ,ci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
~=~- ~
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West IIighway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.ci.arden~hills.mn.us
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2003 PMP ASSESSMENT HEARING
MONDAY, MARCH 31, 2003
ASSESSMENT OBJECTION FORM
,Name: S/{J/E/tJ 2,l1hCfL
Address: 3363 tv tJ ("f1llJ...1J~
Phone No: 65/~639, /95'
Reason(s) for your objection to the assessment:
(Please be as specific as possible.)
ft~ PAre) t; F ..;1,6- )99 y /jUNJ. fJ t
fm~(j(lc /n~^,~ f/;E /5" /7 h-c! of
CPrMlot> AU. wf!!;, RHJ(J(\f I fl CUJ(.!,S 'IT/JY pl1VE/l7cd
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J hOt/Jcf -/,{//l,J( #'tlCE /..5. 11 0 /7ccLJ 7b ~EL'Jo
IAc- c>l15-)/"7 po ~--II(!JA ;J)&7UUr /-1c /4JtI'l9c--
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~~HILLS
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April 8, 2003
Steven Zilmer
3363 N Dunlap Street
Arden Hills, MN 55112
Dear Mr. Zilmer:
In your Assessment Objection Form from the 2003 PMP Assessment Hearing, you stated that
you object to paying the full frontage for both sides of your comer lot and to pay twice for a
portion on Cannon Avenue.
To address the first issue, the comer lot assessment adjustment applies to projects completed
within 5 years of each other. Since Dunlap Street was constructed in 1994, as stated in your
Objection Form, it is no longer within the 5 year period and thus, the Cannon A venue assessment
is calculated using full front frontage.
Although the Dunlap Street Improvement Project paving transitioned into Cannon A venue, it is
our understanding you were only assessed for your footage along Dunlap Street.
.
Your objection has been reviewed by Arden Hills City Staff and recommended for denial.
If you disagree with the recommendation, you will be given a chance to address the City Council
at the 2003 Pavement Management Program Assessment Hearing on Monday, April 14, 2003.
For any other questions, please feel free to contact me at either of the following: E-mail:
tom.moore.(Qlci.arden-hills.mn.us Fax: 651.634.5137, or at City Hall: 651.634.5133.
~
Thomas J. Moore ~. ~
Director of Operations and Maintenance
CC: Mayor and City Council
Greg Brown - City Engineer
.
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5794
Phone 651.634.5120 . Fax 651.634.5137 . www.d.arden-hills.mn.us
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~HlLLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY - STATE OF MINNESOTA
RESOLUTION NO. 03-34
A RESOLUTION
Adopting the Final Assessment Role for
Karth Lake East and Ingerson Neighborhood Streets
2003 Pavement Management Plan
WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessment for the improvement of Karth Lake East
and Ingerson Neighborhood streets.
NOW, THEREFORE, BE IT RESOL YED by the City Council of Arden Hills, Minnesota:
Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
Such assessment shall be payable in equal annual installments extending over a period of ten (10)
years, the first of the installments to be payable on or before the first Monday in January 2004, and shall
bear interest at the rate of 6.5 percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of this
resolution until December 31, 2003. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
The owner of any property , so- assessed may, at any time prior to certification of the assessment to
the Ramsey County Auditor, pay the whole of the assessment on such properly, with interest accrued to
the date of payment, to the - City Accountant, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter,
pay to the City Accountant the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before November
15 or interest will be charged through December 31 of the next succeeding year.
The Deputy Clerk shall forthwith transmit a certified duplicate of this assessment to the Ramsey
County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
ADOPTED by the City Council this 14th day of April, 2003.
Beverly Aplikowski, MAYOR
ATTEST:
Cynthia Young, Deputy City Clerk
~
~HILLS
City of Arden Hills
Ramsey County, Minnesota
RESOLUTION No. 03-29
A RESOLUTION
ESTABLISHING THE
2003 PAVEMENT MANAGEMENT PLAN
ASSESSMENT RATES
WHEREAS, upon completion of a preliminary report, the City of Arden Hills
ordered the making of the 2003 Streer Improvements; and
WHEREAS, The City of Arden Hills authorized the preparation of detailed plans
and specifications addressing the necessary requirements of the 2003 Pavement Managemenr
Plan; and
\, :'
WHEREAS, the City Engineer has determined that the 2003 Pavement
Management Plan consists oft,vo distinct levels of street repair; and the reconstruction of
Karth Lake East and Ingerson Neighborhood streets, and
WHEREAS, those levels ,vill be total street reconstruction, and bituminous overlay.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Arden Hills, Minnesota the follo,ving assessment rates shall be effective for the 2003 I'MI'
improvements:
1. $12.00 per frontige f60t for mill and overlay
2. $47.00 per frontage foot for reconstruction (24 foot street ,vidth)
3. $51.00 per frontage foot for reconstruction (28 foot street ,vidth)
ADOPTED by the Council this 14th day of April, 2003.
Beverly Apliko,vski, j\fA YOR
ATTEST:
Cynthia Young, DEPUTY CLERK
. ..... A,.';
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EN HILLS
MEMORANDUM
DATE:
Agenda Item 6.A.1
April 9, 2003
TO:
Mayor and City Council
Peter Hellegers, City Plauner @
Planning Case #03-01(b)
The Davidson Companies / Anchor Bank
1240 West County Road E
Amendment to Site Plan
FROM:
SUBJECT:
ENCLOSURES:
I. Amended Partial Site Plan (Access to Cty. Rd. E)
2. Site Plan from Planning Case # 03-01
3. Council Memo from the March 17, 2003 Work Session
4. Memo from the Ramsey County Traffic Engineer
5. March 17, 2003 Council Work Session Minute Excerpt
6. January 27,2003 Council Meeting Minute Excerpt
Request
The applicant is requesting an amendment to the previously approved Site Plan. The amendment
would permit an exit-only access drive onto County Road E.
Backl!round
The City has recently reviewed the following requests for this property:
Planning Request Address CC Action
Case
02-29 Special Use Permit 1240 W. County Road E 11/2512002 (A)
03-01 Site Plan Review 1240 W. County Road E 1/27/2003 (A)
PC #03-01b - 04/09/03 - Page 1 of3
At the January 27tb, 2003 meeting of the City Council, the Council approved a site plan review
for Anchor Bank with the following conditions:
I. All necessary building permits shall be filed with the City Building Official.
2. That the applicant shall file all necessary signage permits with the City Planner.
3. That the number of handicapped accessible parking spaces complies with the State Building
Code requirements.
4. That the revised site plan from Case #03-01 prepared by Mohagen Architects Ltd., dated
January 27, 2003, and signed by the City Planner, be amended to eliminate the direct access
to County Road E, but reserving the applicant's right to submit a revised site plan for review
at a future date, be attached to the Special Use Permit from case #02-29.
5. If the applicant chooses to upgrade the water service to the site and access the 16" water
main, the applicant shall wet tap and repair Pine Tree Drive to its existing condition per the
approval ofthe City Engineer.
6. That the applicant meet the minimum requirement for the size of ornamental trees by
providing the 10 Spring Snow Crabapples of at least 2 caliper inches each (in place of the 1.5
caliper inch trees proposed).
7. The applicant shall submit a landscape performance bond or other surety for 125% ofthe cost
of materials and installation valid one full year from the date of installation.
8. A final utility plan shall be submitted to the City Engineer for approval.
9. A masonry trash enclosure shall be provided using materials that match the primary building.
10. The applicant obtains all necessary permits from Ramsey County.
II. Compliance with the applicable provisions of the Zoning Ordinance.
12. The applicant will comply with the 60 square foot maximum for wall signage.
13. The applicant will not change the location of the existing pylon signs.
14. The company symbol identified as the anchor will be located at either point A or B, at the
discretion of the applicant, but will not be located along County Road E (See attached site
plan for anchor symbol locations).
Subsequent to this meeting, the applicant determined that they would like to revisit the
opportunity for an access drive onto County Road E. The applicant obtained Benshoof and
Associates to perform a traffic study analyzing the impacts of an exit-only access drive to
County Road E.
At the March 17,2003 Council Work Session, the applicant presented the traffic study which
concluded that an exit-only access drive would not have a detrimental effect on County Road E.
The Ramsey County Traffic Engineer and the Arden Hills City Engineer have reviewed the
traffic study and their responses are attached. As a result of the meeting the applicant has
requested an amendment to the previously approved Site Plan allowing an exit-only access drive.
PC #03-01b - 04/09103 - Page 2 of3
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e Staff Recommendation
In Plauning Case #03-01(b), staffrecommends that the proposed Amendment to the Site Plan be
approved subject to the following conditions:
I. The revised partial site plan from Case #03-0 I (b) prepared by Mohagen Architects Ltd.,
dated April 8, 2003, and signed by the City Planner, allowing exit-only access to County
Road E be attached to the Special Use Permit from case #02-29.
2. The applicant shall use adequate auxiliary signage; compliant with the Signage
Ordinance, Zoning Ordinances and other applicable ordinances; declaring the drive as
"exit-only."
3. Compliance with all conditions approved by the Council at their January 27, 2003
meeting with the exception ofthe amendment to the site plan showing an exit-only access
to County Road E.
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PC #03-01b - 04/09/03 - Page 3 of3
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EN HILLS
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MEMORANDUM
DATE:
March 11, 2003
AgendaItem 2.B
TO:
Mayor and City Council
FROM:
Peter Hellegers, City Plauner
SUBJECT:
The Davidson Companies I Anchor Bank, 1240 West County Road E,
Access Update
ENCLOSURES:
1. March 7tb, 2003 Traffic Study for Anchor Bank in Arden Hills
2. Memo from the City Engineering Consultant, URS
.
Request
The applicant is requesting to present their traffic study findings for the Council's review.
Backl!round
The City has recently reviewed the following requests for this property:
Planning Request Address CC Action
Case
02-29 Special Use Permit 1240 W. County Road E 11/2512002 (A)
03-01 Site Plan Review 1240 W. County Road E 1/2712003 (A)
At the January 27tb, 2003 meeting of the City Council, the Council approved a site plan review
for Anchor Bank with the following conditions:
I. All necessary building permits shall be filed with the City Building Official.
2. That the applicant shall file all necessary signage permits with the City Planner.
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PC#03~OI - 03111/03 -Page I of2
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3. That the number of handicapped accessible parking spaces complies with the State Building
Code requirements.
4. That the revised site plan from Case #03-01 prepared by Mohagen Architects Ltd., dated
January 27, 2003, and signed by the City Planner, be amended to eliminate the direct access
to County Road E, but reserving the applicant's right to submit a revised site plan for review
at a future date, be attached to the Special Use Permit from case #02-29.
5. If the applicant chooses to upgrade the water service to the site and access the 16" water
main, the applicant shall wet tap and repair Pine Tree Drive to its existing condition per the
approval ofthe City Engineer.
6. That the applicant meet the minimum requirement for the size of ornamental trees by
providing the 10 Spring Snow Crabapples of at least 2 caliper inches each (in place of the 1.5
caliper inch trees proposed).
7. The applicant shall 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.
8. A final utility plan shall be submitted to the City Engineer for approval.
9. A masohry trash enclosure shall be provided using materials that match the primary building.
10. The applicant obtains all necessary pennits from Ramsey County.
11. Compliance with the applicable provisions of the Zoning Ordinance.
12. The applicant will comply with the 60 square foot maximum for wall signage.
13. The applicant will not change the location of the existing pylon signs.
14. The company symbol identified as the anchor will be located at either point A or B, at the
discretion of the applicant, but will not be located along County Road E (See attached site
plan for anchor symbol locations).
Subsequent to thiS meeting, the applicant determined that they would like to revisit the
opportunity for an access drive onto County Road E.
PC #03-01 - 03/Ilf03 - Page 2 of2
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BENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
10417 EXCELSIOR BOULEVARD, SUITE TWO 1 HOPKINS, MN 55343 I (952) 238-1667 I FAX (952) 238-1671
.
March 7, 2003
Refer to File: 03-09
TO: Todd Mohagen, Mohagen Architects, Ltd.
Thomas Jacobson, Anchor Bank
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MAR I 0 2003
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MEMORANDUM
FROM:
RE:
James A. Bens~o.%and Jacqueline K. Albers
~ ~I'r-
Traffic Study for New Anchor Bank in the City of Arden Hills
PURPOSE AND BACKGROUND
The purpose of this memorandum is to present our findings and recommendations
regarding proposed access arrangements for the Anchor Bank development in the
southwest comer of the County Road ElPine Tree Drive intersection in the City of Arden
Hills. The primary objective of this traffic study is to determine if an exit-only driveway
on County Road E is feasible in terms of providing acceptable operations.
e
The proposed access on County Road E would allow drive-through customers to exit the
site without driving through the parking lot. This exit would be convenient for the drive-
through customers and would reduce pedestrian/vehicle conflicts within the site.
To address the feasibility of an exit-only driveway, three main points were considered in
order to effectively respond to questions raised by City officials:
· Level of service on County Road E at Pine Tree Drive and at the proposed
driveway.
. Whether interference would be caused between the driveway and the queue of
eastbound motorists on County Road E stopped at Pine Tree Drive.
. Whether the driveway would cause any safety problems on County Road E.
Development Characteristics
Under the proposed development, an existing insurance claims office building will be
converted and expanded into a bank facility with four drive-through windows in the
southwest comer of the County Road ElPine Tree Drive intersection. The expanded
building will be 6993 square feet. Currently the site's only access is onto Pine Tree
Drive. A second exit-only drive is proposed onto County Road E, 195 feet west of Pine
Tree Drive. This driveway location is as far west as possible, without disrupting the
detector for eastbound traffic on County Road E.
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Mr. Todd Mohagen
Mr. Tom Jacobson
-2-
March 7, 2003
Originally, the proposed County Road E access was to he an angled right-turn only exit-
only drive. However, since there is no median at that point separating the eastbound and
westbound traffic on County Road E, a left turn still physically could be accomplished.
Due to the angled drive, the vehicle would be exposed to the oncoming traffic for a
longer period of time than if the driveway was at a 90 degree angle to the road.
A second difficulty with this concept of an angled right turn out only driveway is that
some exiting motorists would attempt to make a U-turn at Pine Tree Drive or other
locations along County Road E in order to proceed westbound. Due to the preceding
difficulties, we do not support an angled right turn out only driveway. Therefore, for the
purpose of this analysis, we have addressed the feasibility of a 90 degree driveway to
County Road E that would accommodate right and left turn exiting movements only.
Entering movements would be prohibited.
Roadwav Characteristics
In order to determine existing traffic conditions, p.m. peak period traffic counts were
conducted at the County Road ElPine Tree Drive intersection on Tuesday, February 18,
2003 from 4:00 p.m. to 6:00 p.m. Existing traffic operations at the County Road ElPine
Tree Drive intersection were also observed at these times.
County Road E from the Highway 51 East Ramp to Lexington Avenue is an east/west
four-lane arterial roadway with a center turn lane. At Pine Tree Drive, County Road E
has a westbound left turn lane with a 100 feet of storage and a 3 foot wide median. West
of Pine Tree Drive there is a 10 foot wide, 100 feet long median. Pine Tree Drive at
County Road E is a north/south 4-1ane collector. The County Road ElPine Tree Drive
intersection is a signalized T-intersection with east, west, and south legs. The traffic
signal is part of a coordinated system along County Road E. Protected/permissive traffic
signal phasing is provided for the westbound left turn movement.
County Road E has 13 driveways between the Highway 51 East Ramp and Lexington
Avenue. The majority of these access points are full access drives. On the southeast
corner of the County Road ElPine Tree Drive intersection there is a Wells-Fargo Bank
with drive-through facilities. A right and left turn exit-only access for the Wells Fargo
Bank is located 150 feet east of the County Road ElPine Tree Drive intersection.
TRAFFIC FORECASTS
Existing Traffic Volumes
The main purpose of the report is to determine the effect that the proposed development
will have on the surrounding area. Since the period of the busiest traffic activity is the
p.m. peak period, a traffic count at the County Road ElPine Tree Drive intersection was
conducted from 4:00 p.m. to 6:00 p.m. on Tuesday, February 18, 2003. From the data
collected, the p.m. peak hour occurs from 4:30 p.m. to 5:30 p.m.
Mr. Todd Mohagen
Mr. Tom Jacobson
-3-
March 7, 2003
.
Projected Post Development Volumes
Trip generation was estimated for the p.m. peak hour using observations from an existing
Anchor Bank in North St. Paul. We understand that the interior functions of the bank will
close for nonnal business purposes at 4:00 p.m. The drive-through will remain open until
6:00 p.m. Also, the A TM machine on the site will be available for use after 4:00 p.m.
Thus, during the p.m. peak hour of 4:30 to 5:30 p.m., traffic activities at the bank will
consist ofthe arrival and departure of drive-through customers and ATM users, and the
departure of bank employees who fInish their work shift at about 5 :00 p.m. (11 to 12
persons). Based on the experiences at the Anchor Bank in North St. Paul, and the
employee projections at the new Arden Hills Bank, we have estimated that a total of 40
trips will be entering the site and 50 trips will be exiting the site during the p.m. peak
hour. Pass-by trips are existing trips on County Road E that will include a stop at the
development in the future. From infonnation published in the Institute of Transportation
Engineers' (ITE) 6th Edition of Trip Generation, we have estimated that 45% of the
customer trips generated by the bank will be pass-by trips. Therefore the new trips
generated are projected to be 22 entering and 33 exiting, and the pass-by trips are 18
entering and 17 exiting.
Through observations of existing traffic patterns in the surrounding area, trip distribution
percentages by route and direction were detennined as follows for the net new
development trips:
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· 50% tolfrom the west on County Road E;
. 40% tolfrom the east on County Road E;
· 10% tolfrom the south on Pine Tree Drive.
Pass-by trips were assigned only to County Road E, with 55% tolfrom the west and 45%
tolfrom the east.
The entering trips will be entering through the Pine Tree Drive access. The exiting traffic
will have a choice between the Pine Tree Drive access and the County Road E access.
Exiting onto County Road E appears to be the most convenient exit for the eastbound and
westbound traffic from the drive-through and A TM machine, and the south access will
better accommodate the southbound traffic. For employee exiting trips, we expect that
some ofthese motorists will use the County Road E driveway to travel eastbound or
westbound on County Road E, whereas other employees will use the Pine Tree Drive
driveway to access County Road E. We expect that all employees destined to the south
on Pine Tree Drive will use the driveway on Pine Tree Drive.
Using the preceding trip generation and directional distribution projections, we added the
development trips to the existing volumes to determine the post-development volumes for
the p.m. peak hour. Figure 1 shows the existing and projected volumes for the p.m. peak
hour.
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V TRAN5PORTATlONENGlNEERSANDPLANHERS
TRAFFIC STUDY
FOR PROPOSED BANK
IN ARDEN HILLS
AGURE1
PROJECTED P.M.
PEAK HOUR
TRAFFIC VOLUMES
. ANCHOR BANK
Mr. Todd Mohagen
Mr. Tom Jacobson
-5-
March 7, 2003
TRAFFIC ANALYSES
.
Level of Service
Capacity analyses were performed using the methodology presented in the 1997 Highway
Capacity Manual (HCM) for the existing and proposed conditions for the County Road
ElPine Tree Drive intersection and for the proposed exit-only drive onto County Road E.
Capacity Analysis results are presented in terms of level of service (LOS), which ranges
from A to F. The LOS is based on the extent of vehicle delay at the intersection. Level
of service A represents the best intersection operation, with very little delay for each
vehicle using the intersection. Level of service F represents the worst intersection
operation, with excessive delay. Level of service D or better operation is considered
acceptable in the Twin Cities area.
The capacity analyses were conducted for the p.m. peak hour. The level of service for
the County Road ElPine Tree Drive intersection for the existing conditions is a LOS B
and does not change with the proposed site development including the exit-only drive on
County Road E. The LOS for the proposed exit-only drive is a level of service D, which
is acceptable in the Twin Cities area.
Thus, an exit-only driveway can be provided to County Road E without causing any
traffic delay difficulties.
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Oueue Length Analysis
Approximately 170 feet is available for stacking vehicles between Pine Tree Drive and
the proposed driveway. This separation is farther than the 150 feet distance between Pine
Tree Drive and the Wells-Fargo drive-through exit.
During the survey on Tuesday, February 18, 2003, we noted that a maximum of eight
vehicles were stopped in one eastbound lane west of Pine Tree Drive. This translates to a
queue of 160 feet. The average longest queue length for each traffic signal cycle was 100
feet. The traffic volume increase due to the bank is very limited. Therefore, upon
completion of the bank, the worst case situation is the queue length may increase by one
vehicle. Thus, the maximum post-development queue length would be 180 feet with an
average queue length of a 120 feet. The 170 feet of queue space available with the
proposed driveway is greater than the average queue length and is almost the same length
as the maximum queue length. Thus, we have determined that only on rare occasions
will the queue of the eastbound vehicles on County Road E extend west to the proposed
driveway. Given the rare nature of this situation we believe that no serious interference
will occur between the driveway and the queue of eastbound traffic on County Road E.
Safety Analvsis
Accident information for the years 2000, 2001, and 2002 was collected on County Road
E from the Highway 51 East Ramp to Lexington Avenue, including the accidents at the
intersection of Pine Tree Drive but not the intersections at the Highway 51 East Ramp or
Lexington Avenue. For the three year period, a total of27 accidents were reported along
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Mr. Todd Mohagen
Mr. Tom Jacobson
-6-
March 7, 2003
this study segment of County Road E, with 12 of those occurring at the County Road
EIPine Tree Drive intersection.
For evaluation and comparison purposes the accident rates are calculated using the
equations in the 1992 edition of the (ITE) Traffic Engineering Handbook. Different rates
are used for intersections and for roadway sections. The intersection rate is measured in
accidents per million vehicles entering the intersection aunually (MEV), and the section
rate is measured in accidents per million vehicle-miles of travel (MVM). Using the
average aunual daily traffic volumes for the three year survey period, the intersection rate
for the County Road ElPine Tree Drive intersection is 0.6 accidentslMEV, and the
section rate for the investigated section is 3.7 accidentslMVM.
The Minnesota Department of Transportation conducted a study of the entire state and
developed crash data for both intersections and mid-block sections. Average accident
rate information was complied for the study years 1999 to 2001 and recorded for several
categories of roadway in eight sections of the state. Statewide averages are also provided
for each category. The average intersection accident rate for a high volume, low speed
signalized intersection in the Twin Cities metro area is 0.8 accidentslMEV, and the
statewide average is 0.9 accidentslMEV. The average section accident rate for a five-
lane road in the Twin Cities metro area is 5.7 accidentslMVM, and the statewide rate is
5.0 accidentsIMVM.
The preceding accident statistics indicate that County Road E is functioning at a higher
level of safety than comparable roadways in the Twin Cities area. The accident rate at
the County Road ElPine Tree Drive intersection of 0.6 accidentslMEV is 25% more safe
than the 0.8 accidentslMEV average rate in the Twin Cities area. The accident rate for
County Road E between the east ramp intersection at Highway 51 and Lexington Avenue
of3.7 accidentslMVM is 35 percent more safe than the 5.7 accidentslMVM average rate
in the Twin Cities area.
CONCLUSIONS AND RECOMMENDATIONS
As mentioned at the beginning of this report, the proposed exit-only driveway is needed
for two principal reasons:
a) Provide convenient service for drive-through customers-in a mauner similar to
the service provided for drive through customers of the Wells-Fargo Bank to the
east.
b) Provide a higher level of safety by the bank's front door, by reducing
vehicle/pedestrian conflicts in this area.
To address whether this driveway would be feasible from a traffic perspective, we feel
consideration has been given to potential effects ofthe driveway on traffic capacities,
queuing on County Road E, and safety on County Road E. Two key results of the
capacity analysis are: a) the bank will not cause any significant increase in traffic delays
at the County Road ElPine Tree Drive intersection and b) a new exit only driveway for
the bank onto County Road E will acconunodate the projected p.m. peak hour volumes at
Mr. Todd Mohagen
Mr. Tom Jacobson
-7-
March 7, 2003
an acceptable level of service. The queue length analysis indicates that the driveway
would be a sufficient distance from Pine Tree Drive, that only on rare occasions would
the queue of eastbound traffic on County Road E back up from Pine Tree Drive to the
proposed driveway. The safety analysis indicated that County Road E has had a lower
accident experience in recent years than comparable roadways in the Twin Cities area.
Given this situation and given that the segment of County Road E between the east Ramp
intersection for Highway 51 and Lexington Avenue already has 13 private driveways, we
have concluded that construction of the proposed driveway would not cause safety
problems on County Road E.
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Through our evaluation of the proposed site plan and existing traffic facilities, we
recommend the following measures be implemented to ensure that the access on County
Road E is limited to exiting traffic only.
. Limit the width of the exit-only driveway to 16 feet.
. Install "do not enter" signs at the mouth of the driveway.
Considering all the preceding points, Figure 2 illustrates our recommended driveway
plan.
Our overall conclusion is that if the measures discussed in this report are implemented,
the exit-only driveway for the proposed bank will function effectively and will not create
safety issues or other difficulties for traffic operations on County Road E.
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URS
MEMORANDUM
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"Ibresher Square
700 Third Street South
Minneapolis, MN 55415
Phone: (612) 370-0700
Fax: (612) 370-1378
To: Peter Hellegers, Copy: Greg Brown, URS File: 37951-005-200]
Arden Hills City Plauner
From: Nick Landwer, PE
Date: March ] 1, 2003
Subject: Plauning Case 03-01: Anchor Bank Building Site, Traffic Study Review
] have reviewed the traffic study for the proposed expansion of the Anchor Bank building
located at the corner of County Road E and Pine Tree Drive with regards to the proposed "out
only" driveway. In addition to reviewing the study I have also contacted the Ramsey County
Traffic Engineer and discussed the proposed driveway.
Aftcr reviewing the traffic study it appears that the projected peak hour traffic out of the site
from the driveway is very minimal and in this circumstance should not have a noticeable effect
to the traffic on County Road E.
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Given the low projected traffic out of this site and the fact that the Wells Fargo bank directly
across Pine Tree Drive has the same driveway configuration onto County Road E I do not
believe the driveway will have a negative impact on the area traffic flows. The only point of
concern with the proposed out driveway is that Anchor Bank will have to adequately sign the
driveway to prevent cars from turning into it off of County Road E.
.
TO:
FROM:
Department of Public Works
Kenneth G. Haider, P.E., Director and County Engineer
ADMINISTRATIONILAND SURVEY
50 West Kellogg Blvd., Suite 910
St. Paul, MN 55102. (651) 266-2600. Fax 266-2615
E-mail: Public.Works@co.ramsey.mn.us
ENGINEERING/OPERATIONS
3377 N. Rice Street
Shoreview, MN 55126
(651) 484.9104 . Fax 482-5232
MEMORANDUM
RECEIVED
MAR 1 4 Z003
Peter Hellegers
City of Arden Hills
Dan SoleQofi"--
Ramsey ctfun~y Public Works
CITY OF N,OEN HILLS
SUBJECT: Anchor Bank
County Road E at Pine Tree Drive
DATE:
March 12, 2003
e
The Ramsey County Public Works Department has reviewed the traffic study prepared by
Benshoof & Associates for the Anchor Bank site located in the southwest quadrant of County
Road E and Pine Tree Drive in the City of Arden Hills. Ramsey County concurs with the results
of the traffic study with the following comments.
L The proposed redevelopment of the site will create a bank facility and associated parking
near the intersection of County Road E and Pine Tree Drive. This site will generate minimal
trips to and from the sitc compared to existing volumes on County Road E. The additional
traffic generated is not expected to create significant problems along County Road E or Pine
Tree Drive. The proposed exit only access to. County Road E is acceptable to the County.
2. The report recommends a width of 16 feet for the exit only driveway. Ramsey County
recommends that the driveway width be increased to 18 feet for a one-way access point.
3. The developer will be required to place "Do Not Enter" signs at the opening to the driveway
as stated in the traffic study. A "Stop" sign will also be required for traffic exiting the site.
4. The developer will be required to obtain permits from Ramsey County for access
construction and utility work within Ramsey County right-of-way along and County Road E.
Thanks for the opportunity to make additional comments regarding this issue. If you have any
questions or need any additional information please give me a call.
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Cc: Nick Ladwehr - URS Corporation
Jim Bcnshoof - Benshoof & Associates
MiDnesota's First Home Rule County
printed on recycler! pa.perwilh a. minimum of l(l~ post.alllsumer oontent
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ARDEN HILLS CITY COUNCIL WORKSESSION
MARCH 17, 2003
2
for clean-up generally goes over budget. He indicated there were several hundred
thousand pounds of solvents in the Arden Hills Army Training Center (AH
A TS) portion of the site. He cautioned the City Council to choose a "clean-up"
consultant who is very experienced with this issue. He suggested the City explore
ideas from other cities that have undergone this process.
.
Mr. Bell said his expertise was in studying landscape soils and their best uses. He
presented a Geographic Information System (GIS) aerial photograph which
illustrated the TCAAP site, and a digital elevation rendering of the site. He
presented a slide that illustrated the Vento Plan, which included a recreation area,
residential and commercial areas, and the contamination sites. He explained that
the sandy soils held much less contaminates than the clay soils.
Mayor Aplikowski asked the RAB if the City was on the right track to accomplish
its goals as they relate to the Vento Plan.
Mr. Bloom said he thought the City was doing the right thing, but encouraged
them to view other similar sites across the country, and be sure to take time and
think things through because there certainly could be some expensive surprises. e
The RAB board members introduced themselves and offered comments which
encouraged the City Council to proceed slowly and purposefully.
Mayor ApIikowski noted the City had made a commitment to slow down the
process and wait until there was more information about the land, and thanked the
RAB for participating in the Work Session and providing valuable information.
2.B Anchor Bank Traffic Access Issue
Mr. HeIlegers introduced Architect Todd Mohegan and Consultant Jim
Benshoof who represent the applicant and stated the applicant [Anchor Bank]
requested time to present their traffic study for the Council's review. He explained
that there are currently thirteen (13) curb-cuts on County Road E, and the County
had stated that not one accident had been noted involving vehicles entering and
exiting the driveway onto County Road E from the Wells Fargo property directly
east of the applicant's property.
Mr. Jim Benshoof provided a traffic overview of the exit only; right and left turn e
driveway onto County Road E. He stated the need for this access drive was to
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ARDEN HILLS CITY COUNCIL WORKSESSION
MARCH 17, 2003
3
improve traffic flow within the site and so Anchor Bank could be competitive with
other businesses in the area. He said his company determined the access drive was
feasible for both the traveling public and Anchor Bank. He further noted that City
Engineering Consultant, Nick Landwer of URS, was supportive of the proposal.
Mr. Benshoof observed that the area between the 51 interchange and Lexington
was fully developed and doubted there would be any additional curb cut
installation on County Road E. He suggested Anchor Bank motorists would have at
a choice of exits, as well.
Councilmember Larson said he was still not supportive of any further curb-cuts
on County Road E, and that his understanding was that the applicant was going to
try to use the access from Pine Tree Drive and then come back later if an access to
County E was necessary.
Councilmember Grant said he felt customers may choose the safest exit from any
businesses along County Road E. He suggested there may be some curb-cuts on
County Road E which could be eliminated.
Mayor Aplikowski said she favored the additional curb-cut, but that the excess
traffic on County Road E continues to be a problem.
Mr. Mohegan said safety factors were uppermost in the minds of the bank
officials and that the majority of the patrons of Anchor Bank would be local and
therefore familiar with the traffic issues on County Road E. He reminded the
Council that the Ramsey County Traffic Engineer, Benshoof & Associates, and the
Arden Hills City Engineer all had no problems with the curb-cut.
A majority of the Council requested that an amendment to the Site Plan be
presented to the Council at their April 14, 2003 meeting.
2.C Guidant Request and Development A2reement
Mr. Parrish said there were two questions for the Council to consider relative to
this request: I) Does the City want to provide an abatement and, 2) if so, how
much?
Councilmember Larson said the City has provided several concessIOns to
Guidant already, and suggested another applicant may be more worthy of
abatement.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JANUARY 27, 2003
4
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Donna Alexander, SRF Consultinl! Group, stated there was a specific
distribution list, which they could provide to the Council. She noted the agencies
that received the draft AUAR would also receive the final AUAR.
MOTION: Councilmember Rem moved and Councilmember Larson
seconded a motion to approve the Final AUAR and Mitigation
Plan for Distribution. The motion carried unanimously (4-0).
Councilmember Rem distributed a petition that had been prepared by a [Guidant]
neighborhood group. She stated the neighbors expected a response from the
Council. Mr. Parrish noted this petition was submitted in anticipation of a parking
ramp on the Guidant property. He noted the parking ramp was part of an older
plan that was submitted in 200 I, and was no longer being considered at this time.
Mayor Aplikowski requested staff make Guidant aware of this petition and
consider it as a part of the process.
Councilmember Larson requested staff acknowledge written receipt of the petition
to the neighbors who signed the petition. Mr. Parrish noted staff would send a
letter acknowledging the petition and include responses to the comments in the
petition.
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Mayor Aplikowski requested the Council be copied on any correspondence sent.
2. Planning Case No. 03-01: Davison Company Site Plan Review;
CR E and Pine Tree Drive
Mr. Hellegers stated the applicant was requesting approval of a Site Plan to
accommodate a drive-in bank at 1240 County Road E West. He noted the
Planning Commission recommended approval of this Site Plan, subject to
conditions as noted in the staff report.
Councilmember Larson stated he would like to see the elimination of the curb cut
on County Road E. He indicated it may be a mistake to add curb cuts, unless there
was a very good reason to do so. He noted this property was one of the few _
properties that could have an entry and an exit onto a side street. He stated if they _
were going to add curb cuts, it was better to add them to properties that did not
have the abilities for ingress and egress, as this property did.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JANUARY 27,2003
5
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Todd Moha2en. Moha2en Architects. 1415 E. Wavzata Boulevard. #200.
Wavzata. MN. stated it would only be a right hand turn exit onto County Road E.
He noted they would post a sign stating no left hand turn. He indicated they
wanted to reduce the amount of traffic that was crossing in front of the bank and
that was the reason they wanted a right hand exit onto County Road E. He
indicated they believed this plan was the most convenient plan for the customers.
He stated, with respect to the anchor, their preference would be to have it located
along Pine Tree Drive. He stated he believed the anchor was not signage, but a
sculpture.
Councilmember Rem stated she believed entering and eXltmg through one
entrance would sufficiently serve the customers. She stated she understood the
reason they wanted the right hand turn exit, but for safety reasons, she felt it would
be better to not have a right hand turn exit onto County Road E.
e Rob Davidson. Davidson Companies, stated the idea of a right hand turn exit
was in order to move the traffic through the site and be a safety precaution to those
who utilized the site. He noted the entire site would be utilized fully. He stated he
believed the proposal would serve the community as a whole. He noted having all
the traffic exit onto Pine Tree Drive was a safety issue for the pedestrians exiting
the bank.
Mr. Filla noted any violation of the right hand turn exit could not be ticketed
because there is currently no City or County signage there. He stated only if there
was an accident on County Road E, due to someone turning left, could a ticket be
issued. He suggested they reserve the right to revisit the Site Plan once they had
experienced what was going to happen, and let the Council reserve the right to
eliminate the turn at that time.
Mr. Davidson replied if they found the intersection to be dangerous, they would
be willing to eliminate the right hand turn exit.
.
Councilmember Larson suggested they not add the exit, but instead look at how
the internal traffic flowed within the site. If there was some showing made in the
future that the arrangement was a danger to the bank customers then, the Council
could reconsider this again.
ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES
JANUARY 27,2003
6
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The applicant agreed that they would be willing to forego a right hand turn exit
onto County Road E at this time, if it was understood that if there was a danger to
the bank customers' safety, they could come back to the Council for
reconsideration. The Council agreed with the applicant's suggestion.
Mr. Filla recommended the following language:
4. That the revised site plan from Case #03-01 prepared by
Mohagen Architects Ltd., dated January 27, 2003, and signed
by the City Planner, be amended to eliminate the direct access
to County Road E, but reserving the applicant's right to submit
a revised site plan for review at a future date, be attached to the
Special Use Permit from case #02-29.
MOTION: Councilmember Larson moved and Councilmember Rem
seconded a motion to approve Planning Case No. 03-01: The
Davidson Companies, 1240 West County Road E, Site Plan e
Review, subject to conditions as noted in staffs January 22,
2003, report and subject to the language on Condition No.4 as
recommended by the City Attorney and subject to Condition
No. 14 being stricken.
Mr. Hellegers requested clarification from the Council as to the location of the
anchor. After discussion, the Council decided either location A or B as indicated
in the staffs report was agreeable as the anchor location.
Mayor Aplikowski requested an amendment to the motion changing
recommendation No. 15 to read: "The company symbol identified as an anchor
can be located at either point A or B, at the discretion of the applicant, but will not
be located along County Road E."
Councilmember Larson accepted the amendment.
The motion carried unanimously (4-0).
B.
TCAAP UPDATE
.
None.
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~HILLS
City of Arden Hills
Ramsey County, Minnesota
AGENDA ITEM 7.A
RESOLUTION NO. 03-31
A RESOLUTION
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FORBIDS FOR THE 2003 PAVEMENT MANAGEMENT
PROGRAM FOR KARTH LAKE EAST AND INGERSON NEIGHBORHOODS
WHEREAS, upon completion of a preliminary report, the Gty of Arden Hills
ordered the making of the 2003 Street Improvements; and
WHEREAS, The Gty of Arden Hills authorized the preparation of detailed plans
and specifications addressing the necessary requirements of the 2003 Pavement Management
Plan; and
WHEREAS, the Gty Engineer has detennined that the 2003 Pavement
Management Plan consists of two distinct levels of street repair; the reconstruction of the
Ingerson neighborhood streets and the mill and overlay of the Karth Lake East
neighborhood street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ARDEN HILLS, MINNESOTA;
1. Such improvement is necessary, cost-effective, and feasible as detailed ill the
feasibility report.
2. Such improvement is hereby ordered.
3. Plans and specifications prepared by Gty Engineer Greg Brown for such
improvement pursuant to Council resolution, are hereby approved and shall be filed
with the Gty Oerk.
4. The Gty Oerk shall prepare and cause to be inserted in the official paper an
advertisement for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published for 3 weeks, shall
specify the work to be done, shall state that bids will be considered by the Council at
its first regular meeting in June, 2003, in the Council Clambers of Gty Hall, and that
no bids will be considered unless sealed and filed with the Oerk and accompanied by
cash deposit, cashier's check, bid bond, or certified check payable to the Ocrk for 10
percent (10%) of the amount of each bid.
.
ADOPTED by the Council this 14"' day of April, 2003.
Beverly Aplikowski, MAYOR
ATTEST:
Cynthia Young, DEPUTY CLERK
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~HlLLS
MEMORANDUM
DATE:
Agenda Item 7.B
February 20, 2003
TO:
Mayor Beverly Aplikowski
Council Member David Grant
Council Member Brenda Holden
Council Member Gregg Larson
Council Member Lois Rem
Aaron Parrish, Interim City Administrator 1 Community Services Director ;1-fl
FROM:
SUBJECT:
Authorize Negotiation of Drainage and Utility Easement with
Josephine Hills Lake Association
ENCLOSURES:
1. Draft Easement
Overview
As Council is aware, City Engineer Greg Brown and 0 & M Director Tom Moore have been
working with the Josephine Hills Lake Association to facilitate a water quality improvement
project on a portion of Association property. Last week staff met with representatives of the
Association and they were in general agreement with proposed project subject to several
revisions that City staff is comfortable with. At this point, the Association representatives will
bring the revised plan/project back to the full Association for a vote. This is anticipated to occur
sometime in the next few weeks.
To expedite the process, staff would like to request authorization to make an offer to the
Association for the easement in an amount not to exceed $4,650. This way, the Association will
be able to consider all facets of the easement issue at the same time. A draft of the proposed
easement is included for your review. Once finalized with the Association, staff will bring back
a final easement for the Council's review and approval.
Requested Action
1. Authorize negotiation of final drainage and utility easement in an amount not to exceed
$4,650.
DRAFT .
DECLARATION OF EASEMENT
1.0 Parties. THIS DECLARATION is made in the County of Ramsey, State of
Minnesota, on the _ day of , 2003 by The Josephine Hills Association, a
Minnesota corporation, hereinafter referred to as "Declarant".
2.0 Recitals. Declarant is the record fee owner of the following described real
property situated in the County of Ramsey, State of Minnesota, legally described as
follows, to wit:
See Exhibit "A" Attached
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3.0 Terms and Conditions. In consideration of payment of the sum of $ ,
the receipt of which is hereby acknowledged, Declarant hereby conveys to the City of
Arden Hills, its successors and assigns (the "City"), a permanent easement for the
construction, maintenance, operation, inspection and repair of storm water drainage and
ponding improvements; together with a permanent easement for ingress and egress, at
any and all times, with all machinery, tools, equipment, vehicles and materials
necessary for the aforesaid purposes over, under and across the property described on
Exhibit "B" attached hereto (the "Easement Area").
The Easement Area contains a footbridge which is owned and maintained by the
Declarant and, in close proximity thereto, a storm water control structure (WIER), which
will be constructed and owned by the City. The City shall not interfere with the
Declarant's right to use and maintain the footbridge without the written consent from the
Declarant. In the event that the City disturbs or damages the footbridge, the City agrees
to restore the footbridge to the same condition as existed prior to the City's activities.
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IN WITNESS WHEREOF, the undersigned has executed this instrument the_
day of , 2003 on behalf of the Declarant.
THE JOSEPHINE HILLS ASSOCIATION
By:
Printed Name:
Title:
STATE OF MINNESOTA
COUNTY OF
) ss.
)
On this _ day of , 2003, before me, a notary public within and
for said county, personally , the of The Josephine
Hills Association, a Minnesota corporation, and owner of the above described property
and he/she/they executed the foregoing instrument and acknowledged that he/she/they
executed the same 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
F:\users\Janice\Jerry\Arden Hills\Josephine Hills Declaration.doc
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AGENDA ITEM No. 7.C
~
~HILLS
City of Arden Hills
Ramsey County, Minnesota
RESOLUTION NO. 03-35
A RESOLUTION
APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FORBIDS FOR RECONSTRUCfION OF
LIFT STATIONS 2 and 5
WHEREAS, upon completion of a preliminary report, the City of Arden Hills
ordered the reconstruction of Lift Stations 2 and 5.
WHEREAS, The City of Arden Hills authorized the preparation of detailed plans
and specifications addressing the necessary requirements for reconstruction of Lift Stations
and 5.
NOW, THEREFORE BE IT RESOLVED by the City Council for the City of
Arden Hills, Minnesota that it approves the plans and specifications for the reconstruction
of lift Stations 2 and 5, and
BE IT FURTHER RE SOLVED by the City Council of the City of Arden Hills to
hereby direct URS to advertise bids for the reconstruction of Lift Stations 2 and 5.
ADOPTED by the Council this 14'h day of April, 2003.
ATTEST:
Beverly Aplikowski, MAYOR
Cynthia Young, DEPUIY ClERK
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MEMORANDUM
Date:
AGENDA ITEM NO. 8.A
March 26, 2003
To;
Mayor and City Council
From:
Cynthia Young
Deputy Clerk/Human Resources D'
Subject:
Resolution No. 03-30 Adopting the Data Practices Procedures
CC:
Aaron Parrish, Interim City Administrator
Jerry Filla, City Attomey
Ene:
Resolution No. 03-30
Arden Hills Data Practices Procedures
BACKGROUND:
Staff has prepared a Data Practices Procedure which is in compliance with the requirements
of Minnesota Data Practices Act (Minn. Stat 13.03, Subd. 2 and 13.05, Subd. 5 & 8)
RECOMMENDATION:
Staff recommends the Council approve Resolution No.03-30, Adopting the Arden Hills
Data Practices Procedures
~
~HILLS
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
Resolution No. 03-30
A RESOLUTION ADOPTING
DATA PRACTICES PROCEDURES
WHEREAS, Minnesota Cities shall adopt a Data Practices Procedure in
compliance with the requirements of the Minnesota Data Practices Act (Minnesota Statutes
13.03, Subd.2 and 13.05, Subd. 5 &8.)
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Arden Hills approves and adqpt,s,the (attached) Data Practices Procedures.
~ .' ' ;' -,
. , .-'" . ',"- ~ , ~," . ':.' ,'--.. .
ADOPTED by the City Gouncil of the City of Arden Hills, Minnesota this 14th
Day of April, 2003.
Beverly Aplikowski, MAYOR
"'" ,
ATTEST:
Cynthia Young, Deputy Clerk
-"'\1".'
, <:-
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CITY OF ARDEN HILLS
DATA PRACTICES PROCEDURES
ADOPTED THE DAY OF ,2003
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CITY OF ARDEN HILLS
.
DATA PRACTICES PROCEDURES
INDEX
Subiect Paae
I. Introduction 1
II. Responsible Authority 1
III. Access to Public Data 1
A. People Entitled to Access 1
B. Form of Request 1
C. Time Limits 1
D. Fees 1
IV. Access to Data on Individuals 2
A. People Entitled to Access 2 e
B. Form of Request 3
C. Identification of Requesting Party 3
D. Time Limits 3
E. Fees 3
F. Summary Data 3
G. Juvenile Records 4
V. Denial of Access 5
VI. Collection of Data on Individuals 5
VII. Chalienge to Data Accuracy 6
VIII. Data Protection 6
A. Accuracy and Currency of Data 6
B. Data Safeguards 7
.
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EXHIBITS
NUMBER
List of Designees
Fees and Charges
Consent to Release Private Data
Information Disclosure Request
Access and Nondisclosure Agreement
Notice to Juveniles
Tennessen Warning
Contract Language, Outside Agents
1
2
3
4
5
6
7
8
APPENDICES
LETTER
Private & Confidential Data Maintained by City
Forms Which Request Private or Confidential Data
Record of Annual Review
A
B
C
CITY OF ARDEN HILLS
DATA PRACTICES PROCEDURES
I. Introduction
These procedures are adopted to comply with the requirements of the Minnesota Data
Practices Act (the "Act"), specifically Minn. Stat. 9 13.03, Subd. 2 and 13.05, Subd. 5
and 8.
II. Responsible Authority
The person who is the responsible authority for compliance with the Act is the Deputy
Clerk. The responsible authority has designated certain other City employees to assist in
complying with the Act. These designees are listed on attached Exhibit 1.
III. Access to Public Data
All information maintained by the City is public unless there is a specific statutory
designation which gives it a different classification.
The City General Records Retention Schedule lists data series maintained by the City
and their classifications.
A. People Entitled to Access. Any person has the right to inspect and copy public
data. The person also has the right to have an explanation of the meaning of the
data. The person does not need to state his or her name or give the reason for
the request.
B. Form of Request. The request for public data may be verbal or written.
C. Time Limits.
. Requests. Requests will be received and processed only during normal
business hours.
. Response. If copies cannot be made at the time of the request, copies
must be supplied as soon as reasonably possible.
D. Fees. Fees may be charged only if the requesting person asks for a copy or
electronic transmittai of the data. Fees will be charged according to the City's
standard photocopying policy, attached as Exhibit 2, unless significant time is
required. In that case, the fee will include the actual cost of searching for,
retrieving and copying or electronically transmitting the data. The fee may not
include time necessary to separate public from non-public data.
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The responsible authority may also charge an additional fee if the copies have
commercial value and are a substantial and discrete portion of a formula,
compilation, program, process, or system developed with significant expenditure
of public funds. This additional fee must relate to the actual development costs of
the information.
IV.
Access to Data on Individuals.
Information about individual people is classified by law as public, private, or confidential.
A list of the private and confidential information maintained by the City is contained in
Appendix A. The forms used to collect private and confidential information are contained
in Appendix B.
A. People Entitled to Access.
'j;> Public information about an individual may be shown or given to anyone.
'j;> Private information about an individual may be shown or given to:
.
The individual, but only once every six months, unless a dispute has arisen or
additional data has been collected.
.
A person who has been given access by the express written consent of the
data subject. This consent must be on the form attached as Exhibit 3, or a
form reasonably similar.
.
People who are authorized access by the federal, state, or local law or court
order.
.
People about whom the individual was advised at the time the data was
collected. The identity of those people must be part of the Tennessen
warning described below.
.
People within the City staff, the City Council, and outside agents (such as
attorneys) whose work assignments or responsibilities reasonably require
access.
'j;> Confidential information may not be given to the subject of the data, but may be
shown or given to:
. People who are authorized access by federal, state, or local law or court
order.
· People within the City staff, the City Council, and outside agents (such as
attorneys) whose work assignments or responsibilities reasonably require
access.
2
B. Form of Request. Any individual may request verbally or in writing if the City has
stored data about that individual and whether the data is classified as public,
private, or confidential.
All requests to see or copy private or confidential information must be in writing.
An Information Disclosure Request, attached as Exhibit 4, must be completed to
document who requests and who receives this information. The responsible
authority or designee must complete the relevant portions of the form. The
responsible authority or designee may waive the use of this form if there is other
documentation of the requesting party's identity, the information requested, and
the City's response.
C. Identification of Requesting Party. The fesponsible authority or designee must
verify the identity of the requesting party as a person entitled to access. This can
be through personal knowledge, presentation of written identification, comparison
of the data subject's signature on a consent form with the person's signature in
City records, or other reasonable means.
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D. Time Limits.
. Requests. Requests will be received and processed oniy during normal
business hours.
. Response. The response must be immediate, if possible, or within 5 working
days-it an immediate response is not possible. The City may have an
additional 5 working days to respond if it notifies the requesting person that it
cannot comply within 5 days.
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E. Fees. Fees may be charged in the same manner as for public information.
F. Summary Data. Summary data is statistical records and reports derived from
data on individuals but which does not identify an individual by name or any other
characteristic that could uniquely identify an individual. Summary data derived
from private or confidential data is public. The responsible authority or designee
will prepare summary data upon request, if the request is in writing and the
requesting party pays for the cost of preparation. The responsible authority or
designee must notify the requesting party about the estimated costs and collect
those costs before preparing or supplying the summary data. This should be
done within 10 days after receiving the request. If the summary data cannot be
prepared within 10 days, the responsible authority must notify the requester of
the anticipated time schedule and the reasons for the delay.
Summary data may be prepared by "blacking out" personal identifiers, cutting out
portions of the records that contain personal identifiers, programming computers
to delete personal identifiers, or other reasonable means.
The responsible authority may ask an outside agency or pefson to prepare the
summary data if (1) the specific purpose is given in writing, (2) the agency or
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person agrees not to disclose the private or confidential data, and (3) the
responsible authority determines that access by this outside agency or person
will not compromise the privacy of the private or confidential data. The
responsible authority may use the form attached as Exhibit 5.
G. Juvenile Records. The following applies to private (not confidential) data about
people under the age of 18.
. Parental Access. In addition to the people listed above who may have
access to private data, a parent may have access to private information about
a juvenile data subject. "Parent" means the parent or guardian of a juvenile
data subject, or individual acting as a parent or guardian in the absence of a
parent or guardian. The parent is presumed to have this right unless the
responsible authority or designee has been given evidence that there is a
state law, court order, or other legally binding document which prohibits this
right. .
. Notice to Juvenile. Before requesting private data from juveniles, city
personnel must notify the juveniles that they may request that the information
not be given to their parent(s). This notice should be in the form attached as
Exhibit 6.
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. Denial of Parental Access. The responsible authority or designee may deny
parental access to private data when the juvenile requests this denial and the
responsible authority or designee determines that withholding the data would
be in the best interest of the juvenile. The request from the juvenile must be
in writing stating the reasons for the request. In determining the best interest
of the juvenile, the responsible authority or designee will consider:
. Whether the juvenile is of sufficient age and maturity to explain the
reasons and understand the consequences,
. Whether denying access may protect the juvenile from physical or
emotional harm,
. Whether there is reasonable grounds to support the juvenile's reasons,
and
. Whether the data concerns medical, dental, or other health services
provided under Minnesota Statutes S 144.341 to 144.347. If so, the data
may be released only if failure to inform the parent would seriously
jeopardize the health of the minor.
The responsible authority or designee may also deny parental access without a
request from the juvenile under Minnesota Statutes S 144.335.
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V. Denial of Access.
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If the responsible authority or designee determines that the requested data is not
accessible to the requesting party, the responsible authority or designee must
inform the requesting party orally at the time of the request or in writing as soon
after that as possible. The responsible authority or designee must give the specific
legal authority, including statutory section, for withholding the data. The responsible
authority or designee must place an oral denial in writing upon request. This must
also include the specific legal authority for the denial.
VI. Collection of Data on Individuals.
The collection and storage of information about individuals will be limited to that
necessary for the administration and management of programs specifically
authorized by the state legislature, city council, or federal government.
When an individual is asked to supply private or confidential information about the
individual, the City employee requesting the information must give the individual a
Tennessen warning. This warning must contain the following:
. the purpose and intended use of the requested data,
. whether the individual may refuse or is legally required to supply the
requested data,
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. any known consequences from supplying or refusing to supply the
information, and
. the identity of other persons or entities authorized by state or federal law to
receive the data.
A Tennessen warning is not required when an individual is requested to supply
investigative data to a law enforcement officer.
A Tennessen warning may be on a separate form or may be incorporated into the
form which requests the private or confidential data. See attached Exhibit 7.
VII. Challenge to Data Accuracy.
An individual who is the subject of public or private data may contest the accuracy
or completeness of that data maintained by the City. The individual must notify the
City's responsible authority in writing describing the nature of the disagreement.
Within 30 days, the responsible authority or designee rnust respond and either (1)
correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the
individual, or (2) notify the individual that the authority believes the data to be
correct.
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An individual who is dissatisfied with the responsible authority's action may appeal
to the Commissioner of the Minnesota Department of Administration, using the
contested case procedures under Minnesota Statutes Chapter 14. The responsible
authority will correct any data if so ordered by the Commissioner.
VIII. Data Protection.
A. Accuracy and Currency of Data.
Ail employees wiil be fequested, and given appropriate forms, to provide updated
personal information to the appropriate supervisor, City Clerk, or Finance
Director, which is necessary for tax, insurance, emergency notification, and other
personnel purposes. Other people who provide private or confidential information
wiil also be encouraged to provide updated information when appropriate.
Department heads should periodicaily review forms used to coilect data on
individuals to delete items that are not necessary and to clarify items that may be
ambiguous.
Ail records must be disposed of according to the City's records retention
schedule.
B. Data Safeguards.
Private and confidential information will be stored in fiies or databases which are
not readily accessible to individuals who do not have authorized access and
which wiil be secured during hours when the offices are closed.
Private and confidential data must be kept only in City offices, except when
necessary for City business.
Only those employees whose job responsibilities require them to have access
will be ailowed access to files and records that contain private or confidential
information. These employees will be instructed to:
. not discuss, disclose, or otherwise release private or confidential data
to City employees whose job responsibilities do not require access to
the data,
. not leave private or confidential data where non-authorized individuals
might see it, and
. shred private or confidential data before discarding.
When a contract with an outside party requires access to private or confidential
information the contracting party will be required to use and disseminate the
information consistent with the Act. The City may include in a written contract the
language contained in Exhibit 8.
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Exhibit 1 LIST OF DESIGNEES
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City Administrator
Department Directors
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Exhibit 2 FEES AND CHARGES
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CITY OF ARDEN HILLS
2003 FEE SCHEDULE
(includes sales tax where appropriate)
EFFECTIVE JANUARY 1.2003
I. ADMINISTRATIVE
'*
'*
Administrative Animal Handlin
Dis osaI:
1m oundment:
Residential Do Kennel License
Meetin Documents
Minutes
A endas
A enda Packets
Cost based on
.
$22.00
22.00
5.00
12.00
12.00
2.00
22.00
20.00
20.00
40.00
60.00
10.00
.
$64.00
51.00
12.00
6.00
VARIES
V ARIES
Miscellaneous Administrative Fees
Counter and/or Per Side (any size) $ 0.25
Special Document
Photocopy Requests
Assessment Search Per half hour 20.00
Res. #02-71 Adopted 12/16/02 - Page 2
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Exhibit 3 CONSENT TO RELEASE
PRIVATE DATA
,I,
, authorize the City of Arden Hills ("City") to
(print name)
release the following private data about me:
to the following person or people:
The person or people receiving the private data may use it only for the following
purpose or purposes:
This authorization is dated
and expires on
The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in
connection with applications for life insurance or noncancelable or guaranteed renewable health insurance and identified
as such, two years after the date of the policy.
I agree to give up and waive all claims that I might have against the City, its agents
and employees for releasing data pursuant to this request.
x
Signature
IDENTITY VERIFIED BY:
Witness: X
Identification: Driver's License, State tD, Passport, other:
Comparison with signature on file
Other:
Responsible Authority/Designee:
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Exhibit 4
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CITY OF ARDEN HILLS
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. Completed by Requester
REQUESTER NAME (Last, First, M.): DATE OF REQUEST:
STREET ADDRESS: PHONE NUMBER:
CITY, STATE. ZIP CODE: SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
B. Completed by Department
DEPARTMENT NAME:
INFORMATION CLASSIFIED AS:
n PUBLIC 0 NON-PUBLIC D PRIVATE
PROTECTED NON-PUBLIC
a CONFIDENTIAL
n
HANDLED BY:
ACTION:
a APPROVED
D APPROVED IN PART (Explain
below)
D DENIED (Explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOTOCOPYING CHARGES:
D NONE
o ~ Pages x _0 = a SpecIal
IDENTITY VERIFIED FOR PRIVATE INFORMATION:
D IDENTIFICATION: DRIVER'S LICENSE, STATE ID, Etc. a
COMPARISON WITH SIGNATURE ON FILE D PERSONAL
KNOWLEDGE D OTHER:
Rate:
(attach explanation)
AUTHORIZED SIGNATURE:
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Exhibit 5
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. City of Arden Hills ("City") hereby authorizes
Party") access to the following government data:
("Authofized
2. PURPOSE. Access to this government data is limited to the objective of creating summary
data for the following pUfpose:
e 3. COST. (Check which applies):
o The Authorized Party is the person who requested the summary data and agrees to bear
the City's costs associated with the preparation of the data which has been determined to
be$~
o The Authorized Party has been requested by the City to prepare summary data
and will be paid in accordance with attached Exhibit A.
4. SECURITY. The Authorized Party agrees that it and any employees or agents under its
control must protect the privacy interests of individual data subjects in accordance with the
terms of this Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be used to
identify any individual from data classified by state or federal law as not public Which IS
Obtained from City records and incorporated into reports, summaries, compilations, articles,
or any document or series of documents.
Data contained in files, records, microfilm, or other storage media maintained by the City are
the City's property and are not to leave the City's custody. The Authorized Party agrees not
to make reproductions of any data or remove any data from the site where it is provided, if
the data can in any way identify an individual.
.
No data which is not public and which is irrelevant to the purpose stated above will ever be
disclosed or communicated to anyone by any means.
The Authorized Party warrants that the following named individual(s) will be the only
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person(s) to participate in the collection of the data described above:
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5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or
disclosure of government data collected, used and maintained in the exercise of this
Agreement and classified as not public under state or federal law. The Authorized Party
understands that it may be subject to civil or criminal penalties under those laws.
The Authorized Party agrees to defend, indemnify, and hold the City, its officers and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of
the Authorized Party, its agents, employees or assignees under this Agreement and against
all loss by reason of the Authorized Party's failure to fully perform in any respect all
obligations under this Agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all
times during the term of this Agreement to maintain insurance covering the Authorized
Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for
personal injuries andlor damages and $1,000,000 per occurrence. The policy must cover the
indemnification obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information described
above from to
8. SURVEY RESULTS. (Check which applies):
IJ If the Authorized Party is the requestor, a copy of all reports, summaries, compilations,
articles, publications or any document or series of documents which are created from the
information provided under this Agreement must be made available to the City in its
entirety.
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IJ If the Authorized Party is a contractor of the City, all copies of reports, summaries,
compilations, articles, publications or any document or series of documents which are
created from the information provided under this Agreement must be provided to the City.
The Authorized Party may retain one copy for its own records but may not disclose it
without City permission, except in defense of claims brought against it.
AUTHORIZED PARTY:
By:
Date:
Title (if applicable):
CITY OF ARDEN HILLS
By:
Date:
.
Its:
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Exhibit 6
NOTICE TO PERSONS UNDER AGE OF 18
Some ofthe information you are asked to provide is classified as private under state law. You
have the right to request that some of all of the information not be given to one or both of your
parents/legal guardians. Please complete the form below if you wish to have information withheld.
Your request does not automatically mean that the information will be withheld. State law requires
the City to determine if honoring the request would be in your best interest. The City is required to
consider:
. Whether you are of sufficient age and maturity to explain the reasons and undefstand the
consequences,
. Whether denying access may protect you from physical or emotional harm,
.
Whether there is reasonable grounds to support your reasons, and
Whether the data concerns medical, dental, or other health services provided under
Minnesota Statutes S 144.341 to 144.347. If so, the data may be released only if failure to
inform the parent would seriously jeopardize your health.
.
NOTICE GIVEN To:
DATE:
BY:
(name)
(title)
REQUEST TO WITHHOLD INFORMATION
I request that the following information:
Be withheld from:
For these reasons:
Date: Print Name: Signature:
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Exhibit 7
DATA PRACTICES ADVISORY
Some or ail of the infofmation that you are asked to provide on the attached form is classified by
state law as eithef private or confidential. Private data is information which generally cannot be
given to the publiC but can be given to the subject of the data. Confidential data is information
which generally cannot be given to either the public or the subject of the data.
Our purpose and intended use of this information is:
You are/are not legally required to provide this information. If you refuse to supply the
information, the following may happen:
Other persons or entities who are authorized by law to receive this information are:
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Exhibit 8
SAMPLE CONTRACT PROVISION
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to peliorm Contractor's obligations under this contract. Contractof
agrees to maintain all data obtained from the City in the same manner as the City is required
under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act").
Contractor will not release or disclose the contents of data classified as not public to any person
except at the written direction of the City. Contractor agrees to defend and indemnify the City
from any claim, liability, damage or loss asserted against the City as a result of Contractor's
failure to comply with the requirements of the Act or this contract. Upon termination of this
contract. Contractor agrees to return data to the City, as requested by the City.
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APPENDIX A
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PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY
1. Personnel Data (Private)
Minn. Stat. ~13.43.
All data about an individual who is employed as, or an applicant to be, an undercover law
enforcement officer. All data on all other individuals who are or were an employee, an applicant
for employment, volunteer, independent contractor, or member or applicant for advisory board or
commission, except the following which is public:
Name
Actual gross salary
Salary range
Contract fees
Actual gross pension
Value and nature of employer paid fringe benefits
Basis for and amount of added remuneration, including expense reimbursement
Job title
Job description
Education and training background
Previous work experience
Date of first and last employment e
The existence and status (but not nature) of any complaints or charges against
the employee, whether or not resulting in discipline
Final disposition of any disciplinary action, with specific reasons for the action
and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees
Terms of any agreement settling any dispute arising from the employment
relationship, including a "buyout" agreement
Work location
Work telephone number
Badge number
Honors and awards received
Payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that
release of time sheet data wouid reveal the empioyee's reasons for the
use of sick or other medical leave or other non-public data
City and county of residence
Names and home addresses of applicants for appointment to and members of
an advisory board or commission
If it is reasonably necessary to protect an employee from harm to self or to protect another
person who may be harmed by the employee, information that is relevant to the safety concerns
may be released to (1) the person who may be harmed or to the person's attorney when relevant
to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or e
(3) a court, law enforcement agency or prosecuting authority.
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Minn. Stat. 913.43.
Data about current and former applicants for employment or appointment to an advisory board or
commission, except the following which is public:
Veteran status
Relevant test scores
Rank on eligible list
Job history
Education and training
Work availability
Name, after being certified as eligible for appointment to a vacancy or when considered a
finalist for a position of public employment (which occurs when the person has
been selected to be interviewed by the appointing authority)
Names and addresses of applicants for and members of an advisory board or
commission are public.
3. Property Complaint Data (Confidential)
Minn. Stat. 913.44.
The identities of individuals who register complaints concerning violations of state laws or local
ordinances concerning the use of real property.
4. Security Information (Private)
Minn. Stat. 913.37.
Data which if disclosed would be likely to substantially jeopardize the security of information,
possessions, individuals or property against theft, tampering, improper use, attempted escape,
illegal disclosure, trespass, or physicai injury. This includes crime prevention block maps and
lists of volunteers who participate in community crime prevention progfams and their home
addresses and telephone numbers, but these may be disseminated to other volunteers
participating in crime prevention programs.
5. Absentee Ballots (Private)
Minn. Stat. 913.37.
Sealed absentee ballots before opening by an election judge.
6. Sealed Bids (Private)
Minn. Stat. 913.37.
Sealed bids, including the number of bids received, prior to opening.
7. Labor Relations Information (Private)
Minn. Stat. 913.37.
Management positions on economic and noneconomic items that have not been presented
during the collective bargaining process or interest arbitration, including information collected or
create to prepare the management position.
8. Examination Data
Minn. Stat. 913.34.
Completed versions of personnel and licensing examinations are private, unless the responsible
authority determines that they should be confidential because access would compromise the
objectivity, fairness, or integrity of the examination process.
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9. Elected Officials Correspondence (Private)
Minn. Stat. 913.33.
Correspondence between individuals and elected officials, but either may make it public.
10. Benefit Data (Private)
Minn. Stat. 913.31.
All data about individuals participating in the City's housing rehabilitation program.
11. Civil Investigative Data
Minn.Stat. 913.39.
Data collected as part of an active investigation undertaken to commence or defend pending civil
litigation, or which are retained in anticipation of pending civil litigation is confidential, except that
a complainant's statement is private.
12. Appraisal Data (Confidential)
Minn. Stat. 913.50.
Appraisals made for the purpose of selling or acquiring land.
13. Recreation Data (Private)
Minn.Stat. 913.57.
For people enrolling in recreational or other social programs: name, address, telephone number,
any other data that identifies the individual, and any data which describes the health or medical
condition of the individual, family relationships, living arrangements, and opinions as to the
emotional makeup or behavior of an individual.
14. City Attorney Records
Minn.Stat. 913.30.
The use, collection, storage, and dissemination of data by the city attorney is governed
by statutes, rules, and professional standards concerning discovery. production of
documents, introduction of evidence, and professional responsibility. Data which is the
subject of attorney-client privilege is confidential. Data which is the subject of the "work
product" privilege is confidential.
F:\users\LORI\Jeny\Arden HiIIs\data practices procedures.DOC
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APPENDIX B
FORM REQUESTING PRIVATE OR CONFIDENTIAL DATA
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APPENDIX C
RECORD OF ANNUAL REVIEW
DATA PRACTICES PUBLIC DOCUMENT
Under the Minnesota Government Data Practices Act, I as the responsible authority for the City
of Arden Hills am required to annually review the City's public document to update the
document and ensure its accuracy. The following records the date on which I have done so.
DATE COMPLETED
SIGNATURE
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Silseth, Pang
.rom:
ent:
To:
Subject:
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April 21 2003.doc
(82 KB)
Silseth, Pang
Thursday, April 17, 2003 11 :34 AM
'bulletinnews@qwest.net'; 'info@mnsunpub,com'; 'cboyd@pioneerpress.com';
'mlsmith@startribune.com'; 'cwilson@ctv15.org'; 'bob.fletcher@co.ramsey.mn,us'; Gammell,
Ken
Work Session Agenda for April 21, 2003
Pang Silseth
Office Support Specialist
City of Arden Hills
Phone: 651.634.5120 Fax: 651.634.5137
Website: www.cLarden-hills.mn.us
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