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Home My WebLink AboutCCP 06-09-2003 -' - Mayor: ~ 1245 W. Highway 96 Beverly Aplikowski ~HILLS Arden Hills, Minnesota Louncilmembers: 55112 David Grant Arden Hills City Council 651.634.5120 Brenda Holden Gregg Larson REGULAR Lois Rem MEETING ~onday,June9,2003 City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and olav. Agenda City Council Meeting Convenes 7:00 p.m. Call to Order PLEDGE OF ALLEGIANCE 1. AGENDA le2. MINUTES A. May 27, 2003 Council Meeting 3, CONSENT CALENDAR Those items listed under the Consent Calendar are A. Claims and Payroll considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar formal. B. Resolution No. 03-49: A Resolution There will be no separate discussion of these items, Recognizing Roberta Thompson for unless a COWlcil Member so requests, in which event, the Service on the Newsletter Committee item will be removed from the general order of business and considered separately in its normal sequence on the C. Josephine Hills Lake Association: agenda. Memorandum of Understanding 4, PUBLIC INQIDRIESIINFORMA TIONAL Public Inquiries/Informational is an opportunity for citizens to bring to the Council's attention any items not currently on the A. 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 anow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench copies, to allow a more timely presentation. 5. PUBLIC HEARINGS i~f COMMUNITY SERVICES . 7. OPERATIONS & MAINTENANCE Thomas Moore A. Award Bid: 2003 Sealcoating Project Greg Brown "- Arden Hills City Council Agenda June 9, 2003 Page 2 B. Award Bid: 2003 PMP Karth Lake East/Ingerson Neighborhood Greg Brown 8. ADMINISTRATION A, Executive Search (Administrator/Clerk) Update B. Environmental Attorney Update C. 2004 Budget Update CITY COUNCIL REPORTS Aaron Parrish Cynthia Young Aaron Parrish A. Councilmember Holden B. Councilmember Larson B. Councilmember Rem C. Councilmember Grant D. Mayor Aplikowski .' Arden Hills City Conncil Agenda June 9, 2003 Page 3 . Upcominl! Meetinl!s and Events Tuesday June 10 CRR/TCAAP City Hall - 10:30 a.m. Development Upstairs Team Conference Room Wednesday June 11 Events Task City Hall 6:30 p.m. Force Monday June 16 Council Work City Hall 4:45 p.m. Session Monday June 23 SPECIAL City City Hall 6:00 p.m. Council Work Session Tuesday June 24 CRRffCAAP City Hall- 10:30 a.m. Development Upstairs Team Conference Room Tuesday June 24 Parks, Trails City Hall 7:00 p.m. and Recreation Committee Saturday June 28 Celebrating Tony Schmidt 3:00 p.m. - Arden Hills - Park on FIREWORKS Beach Lake Johanna Barbecue Monday June 30 City Council City Hall 7:00 p.m. Friday July 4 City Hall Closed CLOSED - in Observance of Independence Day Tuesday July 8 CRR/TCAAP City Hall - 10:30 a.m. Development Upstairs Team Conference Wednesday July 9 Planning City Hall 7:00 p.m. Commission Monday July 14 City Council City Hall 7:00 p.m. Monday July 21 Council Work City Hall 4:45 p.m. Session Tuesday July 22 Parks, Trail and City Hall 7:00 p.m. Recreation I~ Committee (Annual Barbecue) . ~ ~HILLS MEETING MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 27, 2003, 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 . . PLEDGE OF ALLEGIANCE CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the Regular City Council meeting at 7:00 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Brenda Holden, Gregg Larson and Lois Rem. Absent: None. Also present were Interim City AdministratorlDirector of Community Services, Aaron Parrish; City Attorney, Jerry Filla; City Planner, Peter Hellegers; Operations & Maintenance Director, Thomas Moore; and City Engineer, Greg Brown. 1. APPROVAL OF MEETING AGENDA The amended agenda was approved as presented. 2. APPROVAL OF MINUTES A. May 12,2003 Council Meeting B. May 19,2003 Work Session Councilmember Larson requested the following changes: None. Councilmember Grant requested the following changes: None. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27,2003 2 . Councilmember Rem requested the following changes: May 19, 2003 Work Session Minutes, page 3, paragraph 6, she suggested adding that Mr. Parrish had explained the various funding sources and the impact of levy limits. Page 4, next to last paragraph replace with, "She said she was interested in having the Council discuss additional compensation for Interim Administrator Parrish and requested Ms. Young bring information concerning available options to the City Council at its May 27,2003 meeting. Councilmember Holden requested the following changes: May 19, 2003 Work Session Minutes, under heading 2.A., strike merit pay policy and replace the sentence with "He noted in 2002, some bonus pay was administered which was not in compliance with the Attorney General's office." Page 2, under the 2.B heading, replace the second sentence with "The illustration indicated slotted windows and a random pattern were being proposed to address the City Council's concerns." MOTION: Councilmember Grant moved and Councilmember Rem seconded a motion to approve the May 12, 2003 City Council . Meeting Minutes and the May 19, 2003 Work Session as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Resolution No. 03-46: Accepting the 2002 Audit c. Payment No.7: Visu-Sewer d. Award Bid: 2003 Sanitary Sewer Rehab Project (Lift Stations 2 & 5) MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 4. PUBLIC INQUlRIES/INFORMATIONAL A. Resolution No. 03-44: Honoring Girl Scout Elise Marie Nelson . Mayor Aplikowski presented Elise Marie Nelson with a Resolution acknowledging her achievement of the Girl Scout Gold Award. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27,2003 3 . Elise Marie Nelson summarized her project for achieving the Girl Scout Gold Award. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Resolution No. 03-44: Honoring Girl Scout Elise Marie Nelson. The motion carried unanimously (5-0). B. Resolution No. 03-45: Honoring Girl Scout Lindsy E. Pomeroy MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve Resolution No. 03-45: Honoring Girl Scout Lindsy E. Pomeroy. The motion carried unanimously (5-0). . C. Resolution No. 03-47: Acknowledging Employees Fred Reed, Sandra Berres, and Dave Winkel Mayor Aplikowski acknowledged employees Fred Reed for 25 years of service with the City of Arden Hills; Dave Winkel for 25 years of service with the City of Arden Hills; and Sandra Berres for 5 years of service with the City of Arden Hills. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve Resolution No. 03-47: Acknowledging employees Fred Reed, Sandra Berres, and Dave Winkel for their years of service with the City of Arden Hills. The motion carried unanimously (5-0). . Dr. Krivit stated he had Kurt Leuthold, P.E. from Barr Engineering Company review the project he had talked about at a previous meeting. He stated he had sent the Councilmembers each a copy of the letter he received from the Mr. Leuthold. He noted this letter was supported by himself and his neighbors. He stated this review by Mr. Leuthold was done in order to look at Ingerson Court and not Ingerson Road. He indicated the engineer believed a mill and overlay was sufficient for Ingerson Court. He presented five photograhs of the road condition of Ingerson Court. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27,2003 4 . Mr. Brown stated he still supported a reconstruction of Ingerson Court for a number of reasons. Dr. Krivit requested that Ingerson Court be pulled off the reconstruction list for this year. Bob Woodburn, fonner Mayor of Arden Hills, stated a mill and overlay would not be inappropriate for Ingerson Court, but also doing nothing with the road would be inappropriate. He believed a mill and overlay was feasible for this road. Mayor Aplikowski asked if Mr. Krivit and Mr. Woodburn could accept the fact that the policy had changed regarding when roads would be reconstructed. She asked Mr. Woodburn if he could accept the neighborhood concept, instead of a worst-first policy. Mr. Woodburn stated he could accept it, but believed it was not appropriate. . CounciImember Larson stated he did not see any point in debating any further and suggested it be discussed at the next Work Session. At that time, ifthere was a consensus and if it was appropriate, it would be brought back to a Council meeting. The Council decided to place this on the June 9, 2003 Council meeting agenda. 5. PUBLIC HEARINGS None. 6. COMMUNITY SERVICES A. PLANNING 1. Plannine: Case No. 03-10: North Heie:hts Church Concept Plan Mr. Hellegers explained the applicant was requesting a Concept Planned Unit Development review. He noted the proposed PUD would involve the addition of a 4,000 seat sanctuary, administration offices, youth activities room, a chapel, and a . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 5 retreat center. He indicated the Planning Commission discussion mainly focused on traffic, landscaping, open space, and the design of the facility. Greg Anderson, Anderson Builders, summarized the project and requested feedback from the Council. Councilmember Grant requested a summary of the vanances that would be required. Mr. Hellegers summarized the variances in detail. Councilmember Holden expressed concern about the height of the building and the height of the cross. Mr. Parrish replied they were not allowed to regulate the height of those types of structures. Councilmember Larson agreed with staff, but noted this would be brought forth as a Planned Unit Development, which would give the City additional flexibility. Councilmember Grant agreed they could not control the height of the cross, but they did the right to limit the variance upon which it stands. He noted this plan would change the character of the neighborhood with respect to trees being removed. He asked if there were any concept drawings of the buildings with the trees removed. Mr. Hellegers replied there was no rendering of what the building would look like without the trees. He noted there would be a significant amount of landscaping removed and this was a concern of the Planning Commission. He indicated the Planning Commission requested the applicant look at additional landscaping. Councilmember Grant asked if they had spoken with Rice Creek Watershed. Mr. Hellegers replied the applicant had spoken with them. Councilmember Grant requested they keep in mind that there would be quite a bit of additional impervious surface, and they needed to take this into consideration as they remove the landscaping. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27,2003 6 . Council member Rem expressed concern about the impervious surface and how it would affect landscaping and drainage in the area. She requested the applicant keep in mind they are bordering residential areas and they should attempt to minimize the appearance of the impervious surface. She asked if they had looked into adding a parking ramp instead of a large parking lot. Councilmember Larson noted this was different kind of a church than what the City envisioned for a neighborhood church and expressed concern about the additional traffic, parking, and drainage issues. He stated if the applicant was going to concentrate all of the parking on one side, they needed to be sensitive to the neighbors and include additional screening. He agreed with a berm along that side. He stated he could not justify all of the signage they were requesting. He expressed concern about the lighting on the west side and asked them to consider this. He expressed concern that there would be more people utilizing the Snelling Avenue exit instead ofthe Highway 96 exit. Mayor Aplikowski stated she did not have a concern regarding the exits for the Church. She stated she was not concerned about shielding the building, but was concerned about the parking area. She requested the applicant have a safe exit out of the parking lot if they put in a berm. She stated she believed this was a neighborhood church and commended them. . Randy Bolduc, Ellerbe Beckett, explained the reason they needed a five-foot higher building. Councilmember Grant stated the R-l Zoning for this location was not an issue for him. He believed it was great the church was expanding. Reverend Orlando Logelin, representative of North Heights, stated one of the Church's strengths was productions and the reason they needed a larger facility was for more open space and an area to store the equipment. Council member Larson asked that they consider not having a steeple that exceeded the height of the existing steeple. . B. TCAAP . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 7 None. 7. OPERATIONS AND MAINTENANCE None. 8. ADMINISTRATION 1. Resolution No. 03-48: Establishinl!: an Arden Hills Assessment Policy Task Force Mr. Parrish noted the Council had indicated they were interested in creating an Assessment Task Force and staff had prepared this Resolution for their approval. MOTION: Councilmember Holden moved and Councilmember Larson seconded a motion to approve Resolution No. 03-48: Establishing an Arden Hills Policy Assessment Task Force. The motion carried unanimously (5-0). CITY COUNCIL REPORTS Councilmember Grant - Stated the longer the City waits to hire an environmental attorney for TCAAP issues, the longer they would march down the path and wished they would have hired an environmental attorney sooner. He asked for an update on the landscaping around City Hall. Mr. Moore updated the Council on the landscaping plans. Mr. Parrish noted they were having a mediation session on June 17,2003 at City Hall to review the contract with the contractor and architects. Councilmember Rem ~ Requested staff list when the Development Team was meeting on the calendar that is included in their packets. She inquired about the City retaining an environmental attorney for the TCAAP issues. Mr. Parrish replied staff was working on that issue. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES MA Y 27, 2003 8 . Councilmember Holden - She stated the Newsletter Committee was meeting tomorrow morning. She asked for an update on the City Administrator position. She requested a list of cities that had acquired government properties in the past. Mr. Parrish replied they could obtain a list of cities that had taken an early transfer of government property, Councilmember Larson - He stated the Lake Johanna Volunteer Fire Department Board of Directors had met last week. Mayor Aplikowski - She stated she had contacted the Sheriff's Department regarding complaints she had received about a neighborhood nuisance in the Lake Johanna neighborhood. She reminded everyone that the Celebrating Arden Hills Beach Barbecue was going to be held on June 28, 2003 starts at 3:00 p.m. Mr. Parrish - None. Mayor Aplikowski adjourned the Regular City Council meeting at 8:45 p.m. . Beverly Aplikowski Mayor Aaron Parrish Interim City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, June 9, 2003, at 7:00 p.m. in the Arden Hills Council Chambers. . . . e ~ ~ EN HILLS MEMORANDUM DATE: TO: FROM: SUBJECT: June 5, 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 period: 05/17/03-05/30/03 . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06/09/03 COUNCIL MEETING PAGEIOF3 CLAIMS PAID SINCE LAST COUNCIL MEETING 105/27103\ "d(.#Cr<i;;-:.,.~r~ ;T '_OR<" ............. .."""':<:1: AI'1:-oUNt~::L: CPi\iM~Nt~ . ._----.... 23596 OS/22/03 leMA Retirement Trust-457 ],280.2] Second Mav Pavmll 23597 OS/22/03 MN De;:;t of Natural Resources 45.00 Firearm Safety Class 23598 OS/22/03 Natl Assoc of Installation Dcv ]50.00 NAID Membershio 2003 23599 OS/27/03 XcelEner"T\1 2,554.34 Electric/Gas Service 23600 06/02/03 Affinif-v Plus Federal Credit Union 3,963.87 First June Pavroll 23601 06/02/03 Stanton Graun 64.46 Medical Reimbursement 5/30103 23602 06/04/03 Lake CounfTv Service Coonerative 6,041.38 Julv Insurance 23603 06/04/03 Midwa;-ParN Rental 623.50 CanMv-Rental-CAH 23604 06/04103 Visu-Scwer Clean & Seal, lnc. 13,736.01 Pay #7-San SewerlWater Rehab 23605 06/04103 Xcel Ener,,"l 2,541.77 Electric/Gas Service I Subtotal - Paid Claims 31,000.54 I Paid Claims From Above - 3] ,000.54 Add Unpaid Claims, Page 3- 251.103.39 Total Accounts Payable Claims for Council Approval~ OS/27103- 282~l03.93 Note: Checks for unpaid claims totaling$138,393.26 were mailed May28, 2003 after approval at the May 27, 2003 Council Meeting.. They were check numbers 23547-23595. "'Exp. Related to TCAAP Project. ""","-,,_~P<yobI<l_1 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06/09/03 COUNCIL MEETING PAGE20F3 . UNPAID CLAIMS REGISTER: ::)0<,# .1~r.;~~1i"l VliNW1i ::::::)::::::::::::::::::::::':::::::::::::":1:" w()\j~i\n ct!i\i)\i~N1;;;, ............-........-..-..-.- . ................................. 23606 06/10/03 10 000 Lakes Chanter 85.00 Seminar~D. Scherbel 23607 06/10/03 10,000 Lakes Chapter once 60.00 Membershin Fee-E. Nordeen 23608 06/10103 Accurate Press, Inc. 1,163.11 Mav NewsletterlBeach BBO Poster 23609 06/10/03 Animal Control Services, Inc. 565.75 Do~Cat Enforcement-Mav 23610 06/10103 Aramark Unifonn Service 35.06 CH-RUl! Cleanino 23611 06/10103 Beisswenger's How-To Store 113.21 Supplies 23612 06/10/03 Braun Pumo & Controls, Inc. 1,925.55 Lift#2-RP.nair 23613 06/10/03 Brock White Company 2,287.19 Crafeo Road Sealer 23614 06/10/03 Bvl, Sandra 69.48 Mileage Reimbursement 23615 06/10/03 Coverall of the Twin Cities 1,238.60 CH-Cleaninl! Service 23616 06/10/03 Cununins Nnower, LLC 1,896.50 GN88-01 Kato Reoair 23617 06/10/03 D2 Services, Inc. 407.00 #2 Lift~ReDair 23618 06/1 0/03 Davies Water Eauinment Co. 1203.16 Water/SWM Maint Sunnlies 23619 06/10/03 Electro Watchman, Inc. 504.81 Alarm Service-O&M 23620 06/1 0/03 Fra.Dor Black Dirt & Recvcle 30.35 Black Dirt 23621 06/10/03 Frattallone's Hardware, Inc. 76.24 Sunnlies 23622 06/1 0103 Ganher Snort 328.09 Softball Sunnlies 23623 06/10/03 Gree Larson Snorts 61.93 Chin Strans/Air Punms 23624 06/10/03 Gritz, Jackie 41.75 Mileal:!:elExoense Reimbursement 23625 06/10/03 Hellegers, Peter 9.36 Mileage Reimbursement 23626 06/10/03 Home Depot 155.41 Street Maintenance Sunnties 23627 06/10/03 leI Dulux Paint Centers 531.44 Field Marking Paint 23628 06/10/03 Indenendent Snorts Network 900.00 Umnire Service 5/13-5/29/03 23629 06/10/03 Johnston Fare:o Culvert, Inc. 503.32 Pres Homes SWM Renair 23630 06/10/03 Kinko's 71.89 Printinl:!: Service 23631 06/1 0/03 Lake Johanna Val Fire Department 101,847.64 Fire Protection 7/1-12/31/03 23632 06/10/03 Lillie Suburban Newsoaoers 299.44 Mav-Leval Notices 23633 06/10103 LTG Power Equipment 31.90 Trimmer Line 23634 06/10103 McGinnitv, Alison 36.00 Refund.r.Ball 23635 06/ I 0103 Midwest Asnhalt Comoration 987.53 Road Renair Materials 23636 06/10/03 MN Citv/Countv Mlffilt Assoc 80.00 Membershio Fee 5/03.4/04 23637 06/1 0/03 MN Pollution Control Al:!:ency 23.00 SD :merator Cert-Perron 23638 06/1 0/03 MTI DistributinQ' Co. 241.29 Sweencr Sunnlies Subtotal - Unpaid Claims - Page 2 117,811.00 . . . . . CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 06/09/03 COUNCIL MEETING PAGE 3 OF 3 UNPAIIl CLAIMS REGISTER: ,>ct'At.,~: :':'tl<::I}<\lt: <Ailttliirrt<T: :roMMtNts>'. 23639 06/10/03 National Fluid Safetv 178.50 2003 OSHA Manual Kit 23640 06/10103 Newman Traffic S~ 159.21 Si<m-No Dumnin. 23641 06/10/03 North Suburban Access Com 3,063.53 Character Generator 23642 06/10/03 Northern 14.90 Sunnlics 23643 06/10/03 Parrish, Aaron 36.24 Mileage Reimbursement 23644 06/10/03 Pe~', Todd 77.00 Refund-Softball 23645 06/10/03 Pitne" Bowcs~2 242.74 Postauoe Meter Renta17/16.10J15/03 23646 06/10103 Purchase Power 962.22 Postage-Meter 23647 06/10/03 Rams~CounN 901.67 Memo Levies/Fuel 23648 06/10/03 Roseville, Citv of 124,031.76 Water Purchase 1003 23649 06/10/03 Sand Creek GrOll" L TD 1,500.00 EE Assistance PrOlrram 23650 06110/03 Shorcview, Cit\! of 514.78 Track Reimbursement 23651 06/10/03 Snail Lake Elementarv 865.00 Track Transnortation Reimbursement 23652 0611 0103 Svvertsen, Teresa 121.00 Refund-Kids Club PlawTound 23653 06110/03 T~tStores 50.95 CC Worksession pon 23654 06110/03 TimeSaver Off Site Secretarial 290.75 Recordin{! SecretarY 23655 0611 0103 VanBuren, Man!arct 36.00 Refund.T-BaIl 23656 06110/03 Wea~~~ard 43.74 P. Saxe Uniform Purchase 23657 0611 0103 West Weld 202.40 Sunnlies Subtotal, Page 3 of3 133,292.39 Subtotal, Pape 2 of 3 117811.00 I Total Unpaid Claims 251,103.39 I RlldyI_....]IO)>I>l<I<loirnll z o ~ !i' ~ 'Tl M &. ~ i I i [ If ~ -< ~ [ ~ ;f o !!,_ a " " o [!I ~ [ if 5' g g. ~ ~. f !:J,. >-l C. ~ ~ e ~ f. ~ &" ~ ~ I.. ~ ~ ,. '< ~n :,;.;[ $:~ 8 8 ~ ~ 8 e 8 8 8 ~ 8 8 e 8 e 8 8 8 88 8 8 ~ 88 B 8 8 8 8 888 8 :~:: ~ t:: ~ _ 0 t; t; t; t: t; t t te .f>. ~ ~ ~ ~ ~ ~ ~ ~ ~ _ ~ t; ~ ~ ~ ~ ~ ~ u ~ ~ .~'. i -r":. .',.:. ~:. 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" g !':'j. ~: o % ~. ...- i:;:~~~~~' 'O'o':c.. V, V, 00 :~:.: VI 0 --.l "'" .1-11:. ~ ~ ~ o --.l 0 0 8: ig is is ~ J.jJ:. f~r ~-,: ~..~ .. il: ~ o '" !:l ~ ~ ~ '" '" z .. H ........ mi ,,. h; .... 0.., ~= Fg iill 0: ooot... :D-:': '" ~-'::: ::::~ :;I. . (") :::j -C o ." :l> ;JJ o m Z :I: r= .... (J) tD~ qjl ~ -i !!:<- ::<c oZ !!!m :::" a:l> ",-C b;JJ !!!O "'.... er- o ~ . n :I: m n >< en o ~ m o o '" a '" a '" -:;; ;;; '! .tJ . , '1 . . . ~ ~~LLS MEMORANDUM Date: AGENDA ITEM NO. 3.B June S, 2003 To: Mayor and Council ~ Cynthia Young, Deputy Clerk/Human Resources Director ~ Newsletter Committee Member Roberta Thompson From: Subject: Enc. Letter of Resignation Resolution No. 03-49 BACKGROUND: On Thursday, May 22, 2003, Arden Hills Newsletter Committee Membet Roberta Thompson tendered her resignation from the committee. RECOMMENDATION: Staff recommends the Council (regretfully) accept Ms. Thompson's resignation from the Arden Hills Newsletter Committee, and also adopt Resolution No. 03-49: A Resolution Recognizing Roberta Thompson for her service to the community by serving on the Arden Hills Newsletter Committee. (Noting Ms. Thompson continues to serve on the Parks, Trails, and Recreation Committee (PTRC), and the City Events Task Force). . Message Young, Cynthia Page I of2 . 6/2/2003 From: Parrish, Aaron Sent: Tuesday, May 27,20039:48 PM To: Young, Cynthia Subject: RE: Arden Hilis Newsletter Committee - Roberta Cyn, Include accepting this resignation on the next agenda. Thanks! Aaron Parrish Interim City Administrator I Community Services Director City of Arden Hills Phone: 651-634-5125 Fax: 651-634-5137 Website: www.ci.arden-hills.mn.us -----Original Message----- From: Young, Cynthia Sent: Thursday, May 22, 2003 8:04 AM To: Parrish, Aaron Subject: FW: Arden Hills Newsletter Committee - Roberta Cynthia Young Deputy Clerk/Human Resources Director City of Arden Hills Phone: 651.634.5126 Fax: 651.634.5137 Website: www.ci.arden-hills.mn.us -----Original Message----- From: Roberta Thompson [mailto:robertathompson@attbi.com] Sent: Thursday, May 22, 2003 6:48 AM To: sschroeder@smithmicrotech.com Cc: Brenda,Holden@state.mn.us; rem@visi.com; cynthia.young@ci.arden-hiils.mn.us Subject: Arden Hills Newsletter Committee - Roberta Sue, This is to inform you that, effective immediately, I am resigning from the Arden Hills Newsletter Committee. In the future, if I can help out with an article for the newsletter, let me know. Thank you. If you have any questions, please feel free to call me. Roberta Thompson ~ ~~ILLS RESOLUTION NO. 03-49 CITY OF ARDEN HILLS STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO ROBERTA THOMPSON WHEREAS, Ms. Roberta Thompson has been appointed to the Arden Hills Newsletter Committee; and, WHEREAS, Ms. Roberta Thompson served as an active member of the Arden Hills Newsletter Committee, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, on behalf of the residents of the City of Arden Hills, expresses its appreciation to Ms. Roberta Thompson for her dedicated and devoted service to the residents of Arden Hills by serving on the Arden Hills Newsletter Committee. ADOPTED, this 9th day of June, 2003. Mayor Beverly Aplikowski Councilmember Brenda Holden Councilmember David Grant Councilmember Gregg Larson Councilmember Lois Rem ATTEST: City Administrator Aaron Parrish \' 1 . . . ^ , ~ ~ EN HILLS MEMORANDUM DATE: 3.e June 3, 2003 Agenda Item TO: Mayor Beverly Aplikowski Couneil Member David Grant Couneil Member Brenda Holden Couneil Member Gregg Larson Couneil Member Lois Rem Aaron Parrish, Interim City Administrator / Community Services Director ,I!I' FROM: SUBJECT: Josephine Hills Association Memorandum of Understanding ENCLOSURES: 1. Memorandum of Understanding between the City of Arden Hills and the Josephine Hills Association Overview Consistent with previous Council direction, attaehed is a Memorandum of Understanding between the City of Arden Hills and the Josephine Hills Association. This document articulates the parties' mutual understanding of the projeet and provides the framework for eonveyance of a permanent drainage and utility easement at the completion of the project. Staff, the City Engineer, and City Attorney have reviewed and are comfortable with the document as proposed. Once approved by the City Council, the project and Memorandum of Understanding needs to be approved by the Association. Requested Action 1. Authorize execution of the Memorandum of Understanding with the condition that all temporary and permanent easement forms be approved by and/or prepared by the City Attorney. t 'J" Parties: Memorandum of Understanding . Josephine Hills Association (hereinafter referred to as the "Association") City of Arden Hills (hereinafter referred to as the "City") The City desires to do work on property owned by the Association. Said work includes the construction and installation of a French drain with a swale on top of the French drain at the northern end of the Association's property that will run to the holding pond. The City also proposes to build a weir in the Fernwood Channel that runs through the Association's property. The weir will be located within the Fernwood Channel and no further south than the centerline ofIngerson Court. The weir will create a holding pond of water north of the weir that will result in some of the Association's property not to exceed 5200 square feet to be covered by water. The French Drain and swale will capture and collect the over flow of run off water from the intersection ofIngerson Court and Ingerson Road that is not collected in the rain gardens installed in the area as well as capture the water on the Association property and will drain the water into the holding pond. The City will landscape the area surrounding the holding pond and along Fernwood Channel with trees and plants and will construct a 6' walking path along the east portion of the Fernwood Channel from Fernwood Court to the northern most bridge crossing Fernwood Channel. The City has also requested that it be allowed to dredge the Fernwood Channel south of the weir on a one-time basis. All of said work will be done at the expense of the City and the Association will not incur any expenses in connection with the proposed work. The City requests a temporary easement to perform the . necessary project work; a temporary easement to dredge Fernwood Channel on a one time basis and a permanent drainage and utility easement across the Association's property as defmed in the project drawings. In consideration for these easements, the City will compensate the Association in the amount of$4,125. Said payment shall be made within thirty (30) days after completion of said project. The Association Task Force has approved the plan of work proposed by the City based upon the parameters identified below and will present the City's proposed project to the Association members for approval and vote upon the execution of this Memorandum of Understanding. . The work project shall commence on or about June 20, 2003 and will be completed by October 31, 2003. . Entities performing any work on the Association's property on behalf of the City will be bonded and insured and the City will provide the Association with a Declaration of Insurance evidencing the bond and insurance. . The work is limited to the work described in the May 23 project Narrative (Exhibit A) prepared by Greg Brown ("Brown"), City Engineer and as depicted in the Brown drainage and landscape maps (Exhibits B and C). No further work or construction shall be undertaken by the City without the written consent of the Association. . The City is bound to the work, including landscaping work, described in Exhibits A, B and C. . If the City exceeds any of the work as described in Exhibits A, B or C, the City, at its expense, shall return the area to its original condition. . . . . · The City will not damage the Association's bridges, picnic table; signage or wooden posts. If said items are damaged due to the construction of the project, the City, at its expense, shall return the items to their original conditions. · The City agrees that the current configuration or width of the Fernwood Channel will not be changed so as that the existing bridges are not able to be realigned in their current configuration and/or reinstalled so as they provide the same function post construction as they do preconstruction of the project. If the City needs to move either bridges in order to perform the requested project work, the City will be responsible for the work and expense incurred in moving said bridges and reinstalling and realigning the bridges to their current configuration. · The City agrees that post construction, all of the Association's land will be returned to its original condition if not better. All construction debris will be removed from the property at the City's expense. · The City guarantees that the project will not worsen any natural flooding of the Association property. · The Association property will be accessible to the Association members during a large percentage of the project. The only time during the project that Association members will not be able to access the property is during the excavation and seeding/ sodding/landscaping. · As requested by the City, the Association will grant the City two (2) temporary easements: · A temporary construction easement over the entire Association property in order to do the proposed work. The maximum duration of this temporary easement would extend from June 20, 2003 to October 31,2003. The City will ensure that Association members have access to Lake Josephine throughout the construction process via either Femwood Court or Ingerson Court. · A temporary one-time easement, near the close of the project, to remove approximately 1-2 feet of silt and construction debris from the existing Fernwood Channel between Lake Josephine and the new basin. The City will not expand the Fernwood Channel during this process and could even narrow the Femwood Channel in places as approved by the Association. Edges will be rounded and biodegradable turf blankets will be installed to stabilize the slopes. Other disturbed areas will be seeded or sodded as necessary. The maximum duration of this temporary easement would extend from June 20, 2003 to October 31, 2003. · Upon completion of the project, the Association will grant the City the following combined drainage and utility permanent easement: · An easement that would cover the proposed french drain north of the existing watermain easement for a total of no more than 300 square feet. The easement terms will allow the City only access to inspect/fix/maintain/clean the french drain as necessary to insure it is functioning as proposed. The easement will not allow the public at large access to the site. . An easement that would cover the basin area from the boulder weir to the City's property line and would consist of a maximum of 5200 square feet. The easement terms would allow the City only access to inspect/fixlmaintain/c1ean the basin and boulder weir as necessary to insure that they are functioning as intended. The easement will not allow the public at large access to the basin. It is anticipated 2 that City maintenance staff will periodically inspect the weir and outlet pipes in . the basin (1-2 times per year) and remove silt deposits from the basin as they accumulate. The silt will be removed by a truck parked on Ingerson Road or Fernwood Court with an extended "vacuum" hose. A long arm type of backhoe is also commonly used for silt removal. At the City's expense, the City will make any repairs, maintenance and/or replacement to the basin edge and/or the weir in the future. . In consideration of all easements, the City shall pay the Association $4,125 within thirty (30) days of completion of the project. . Neither the temporary nor the permanent maintenance easements allows the City to construct improvements unrelated to utility or drainage purposes such as trails, roads, etc. If the City disturbs the property surface of the Association's property as a part of its maintenance activities, at the City's expense, the City will restore the property surface and surrounding area to its original condition - i.e. sod, seed, plants etc. The final exact footage of the easement will not exceed the maximum 300 square feet for the Utility Easement and/or the 5200 square feet for the Drainage Easement for a total of 5500 square feet maximum. . The City will prepare the necessary detailed temporary and permanent easement documents including legal descriptions and terms of the easements at no cost to the Association. JOSEPlliNE HILLS ASSOCIATION CITY OF ARDEN HILLS . - Marjorie A. Alexander President/Chair of the Association Date: , 2003 Aaron Pam sh Interim City Administrator Date: ,2003 Beverly Aplikowski Mayor of Arden Hills Date: ,2003 . 3 e . . Exhibit A Fernwood Channel Storm Water Improvements Narrative: The City proposes to excavate a basin between Ingerson Road and a point approximately 50 feet upstream of the existing northern bridge across the channel. The basin will have irregularly shaped and gently sloped edges and be four feet deep at its maximum depth. Trees currently growing along the portion of the channel that is to bc developed into the basin and owned by the Association will be removed. However, the basin edges will be planted with a variety of plants, shrubs, trees and aquatic vegetation to provide a natural looking feature. Approximately 40 trees will be planted on the Association's property and will be 2.5" caliper (deciduous) and 6 ft. tall (coniferous) in size. Plants and shrubs will range from 6" to 36" in height. All plant stock will include a two year full replacement warranty from the nursery. The south end of the new basin will have an impermeable weir constructed of earth and boulders that is approximately 30 feet long, 4 feet high, and 5-20 feet in thickness(top to bottom). It will be attractively concealed by the strategic placement of boulders over which the water will flow into the channel during rain events. A new wood chip trail will connect Fernwood Court with the west side ofthe channel. The water level in the basin will be approximately equal to the level of Lake Josephine and will be designed to be "wet" at all times - it is the volume of water in the pond which provides the means to settle out silt etc. before the water spills over the boulders and into the channel. The improvements include the construction of a shallow turfed swale with a French drain underneath (about 2 feet deep) from Ingerson Court across the northern portion of the Association property and draining into the Channel via an unobtrusive outlet below the pond's waterline. The swale will be graded to be easily mowed and will be only 6-12" below the surrounding area. The City guarantees that post construction, all of the Association's land will be returned to its original condition if not better. All construction debris will be removed from the property at the City's expense. The proposed improvements will include vegetation around the perimeter of the basin to discourage children from playing in or near the basin. Slopes around the basin will be graded to be safe slopes (3 horz.: I vert.) to prevent inadvertent slipping etc. around the edge of the basin by children and adults. Many of the slopes around the current channel are eroded and steeper than the proposed slopes. The proposed work in the channel downstream of the basin will also include rounding the edge of the embankment for aesthetics and safety. Access during construction: Once a contractor has been awarded the project, the City Engineer will approve a work schedule for the entire project. Based upon typical projects we would assume that the Contractor would like to begin the grading and excavation work relatively soon in the project (likely by mid July) and will restore the site (seeding/sodding/Landscaping) in late August and September when conditions are better for plant establishment and the remainder of 1 . Exhibit A the project is ready for sodding etc. We generally do not have difficulty asking Contractors to provide access during the projects. Generally the site will be accessible during a large percentage of the project and only during excavation and seeding/sodding/landscaping will the association be asked to avoid the area. It should be noted though that the site may have dirt over much of its area between the grading period and the restoration period and may not be desirable to congregate on. We intend to keep the two bridges open at all times. Easements The City would like to obtain two easements from the Association for this work as described below: Utility Easement: This easement would cover the proposed French drain north ofthe existing watennain easement. A total of no more than 300 square feet are proposed for this easement. The easement terms will allow the City only access to inspect/fix/maintainlclean the French drain as necessary to insure it is functioning as proposed. The easement will not allow the public at large access to the site. Drainage Easement: This easement would cover the basin area from the boulder weir to the . City's property line and would consist of a maximum of 5200 square feet. The easement terms would allow the City only access to inspect/fix/maintainlclean the basin and boulder weir as necessary to insure that they are functioning as intended. The easement will not allow the public at large access to the basin. It is anticipated that City maintenance staff will periodically inspect the weir and outlet pipes in the basin (1-2 times per year) and remove silt deposits from the basin as they accumulate. The silt will be removed from a truck parked on Ingerson Road or Fernwood Court and an extended "vacuum" hose. A long arm type of backhoe is also commonly used for silt removal. Temporary Construction Easements: . Assuming the Association approves this proposed work, in order to expedite the project, for initial construction purposes only, the City would like to obtain a temporary construction easement over the entire Association parcel as soon as possible (with the expectation of permanent drainage and utility easements to be drafted and approved at a later date). The maximum duration of this temporary easement would extend from June 20, 2003 to October 31, 2003 . On a one time basis, near the close of this Fernwood Channel construction project, the City desires to remove approximately 1-2 feet of silt and construction debris from the existing channel between Lake Josephine and the new basin if the Association grants approval. The City would not expand the Fernwood Channel during this process and could even narrow it in places as desired by the Association. Edges would be rounded and biodegradable turf blankets would be installed to stabilize the slopes. Other . 2 . . . Exhibit A disturbed areas would be seeded or sodded as necessary. All existing bridges on Association Property will be preserved. If either bridge is damaged during construction, the City, at its own expense, will repair it and return it to its original condition if not better. General: Neither of the permanent maintenance easements allows the City to construct improvements unrelated to utility or drainage purposes such as trails, roads, etc. If the City disturbs the surface as a part of maintenance activities, at the City's expense, it will restore the surface and surrounding area to its original condition - i.e. sod, seed, plants etc. The City will prepare detailed easement documents including legal descriptions and terms of the easements at no cost to the Association. Assuming the Association approves this proposed work, in order to expedite the project, for initial construction purposes only, the City would like to obtain a temporary construction easement over the entire Association parcel as soon as possible with the expectation of permanent drainage and utility easements to be drafted and approved at a later date. It is common (and desired in this case) for permanent easements to be finalized after the construction therefor allowing the City to survey the actual location ofthe improvements to insure the easement limits are adequate. However, the final exact footage of the easement will not exceed the maximum 300 square feet for the Utility Easement and/or the 5200 square feet for the Drainage Easement. Dated: May 23, 2003 3 PLOT DATE: Jun Co. ~~~~~~crf~ .2.m:m 9: 09Clm OISK"LE n NAME: (15.06> R.\ . 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June 4, 2003 AGENDA ITEM 7.A Mr. Aaron Parrish City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: 2003 Seal Coating Project Dear Mr. Parrish: Bids were received and opened for the above-referenced project on June 3, 2003. Bids were received from three (3) contractors. The tabulated bid outcome is as follows: . 1 2. 3. Contractor Pearson Bros., Inc. Allied Blacktop Astech Corp. Bid Amount $33,300.64 $39,550.91 $56,013.38 Engineer's Estimate $50,000.00 All bids had proper bid guarantees in the amount of ten percent (10%) ofthe total bid as required by the Project Manual. A bid tabulation was performed to verify the total bid amounts and all bids were found to be correct. A copy of the bid tabulation is attached for your information. Pearson Bros., Inc. submitted the low base bid with a total base bid amount of $33,300.64. The average bid prices is approximately 16% less than the Engineer's Estimate and reflects an extremely competitive bid in the current marketplace. Recommendation The Engineer has not worked with Pearson Bros., Inc. but has checked and been given positive references. The Engineer is confident that Pearson Bros., Inc. is capable of successfully completing the work included with this project. . The City Engineer, therefore, recommends the award of the 2003 Seal Coating Project to Pearson Bros., Inc. for the total amount of $33,300.64. The project schedule outlined below is based upon award by the City Council on June 9, 2003. Thresher Square' 700 Third Street South. Minneapolis, MN 554]5' Phone: (6]2) 370-0700' Fax: (6]2) 370-1378 , URS . Mr. Aaron Parrish June 4, 2003 Page 2 Award Contract Begin Construction Complete Construction June 9, 2003 June 10, 2003 August 31, 2003 Actual construction duration should be less than one week once it has begun. A construction start date will be coordinated with the Contractor once the project has been awarded and affected residents will be notified in advance before beginning. Please call me at (612) 373-6479 if you have any questions or need additional information. Sincerely, URS, INC. . attachment cc: Tom Moore/Arden Hills Nick Landwer/URS Mark Lynch/URS Prank Ticknor/URS File 37951-025-0101 BIDREC. WPD . ""0 c:.... 0 0 0 . (3 0 OJ 0- :'i' (]) :'i' ~. rJl (]) Z ::J 0 ::J 0- 0 (]) (]) - !=> ' ~. - "0 ., -I :;;: rJl _ ~ z 0 p) ::J 0 ::J cr ~ c CO (]) p) ., .-+ o' OJ w I\) () ::J ., -..J 0 (0 0 ~ :'i' 0 (Jl W ::J ...... 0 , (f) ..... (;) 0 (]) )> I\) ., (Jl ~ ., (]) , 0.. CO 0 () (]) 0 ...... 0 ::J -< 0 ~ I ...... ~. ::J rJl co -0 , '" . <~ . ~ I z iff 0 3 N if if " D ~ 0 ~ g;' W ~ ~ -2 g" ~ g ;i 9 ~ ~ .. j m ~ ~ <> 0 -" ~ '" ~ " ~ m ~ ~ ~ ~ 0 - Z a ~ ro ~ ~. is ~ z - " .l:l I l'i m ~ 8. '" !.: m ~ D ro - ~ 0 ~ g: ~ "i 0 ~ - w ~ > ~ i '" <; ~ m ~ 0 or - " 0 ~ 0 ~ ~ :v - rn rn ~ i3 ~ ~ . '- URS . June 4, 2003 AGENDA ITEM 7.B Mr. Aaron Parri sh City Administrator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: 2003 Pavement Management Program Ingerson and Karth Lake East Neighborhood Dear Mr. Parri sh: Bids were received and opened for the above-referenced project on June 4, 2003. Bids were received from three (3) contractors. The tabulated bid outcome is as follows: . 1 2. 3. Contractor Amt Construction Company, Inc. Palda and Sons, Inc. T.A. Schifsky and Sons, Inc Bid Amount $1,903,147.60 $1,943,372.91 $1,963,359.90 Bid Amount $1,903,536.10 $1,943,372.92 Engineer's Estimate $2,082,000.00 All bids had proper bid guarantees in the amount of ten percent (10%) of the total bid as required by the Project Manual. A bid tabulation was performed to verify the total bid amounts and two corrections were made which changed prices but did not effect the outcome of the bid. A copy of the bid tabulation is attached for your information. Amt Construction Company, Inc. submitted the low base bid with a total base bid amount of $1,903,536.10. The low bid is approximately $178,500 (9.4%) less than the Engineer's Estimate and reflects a competitive bid in the current marketplace. Ingerson Court Recommendation The project as bid includes the reconstruction of Ingerson Court. The City Engineer still recommends the reconstruction of Ingerson Court for the following reasons: . The Pavement Condition Index (PCI) rating of 47 is well within the reconstruction range. . . Ingerson Court does not have curb and gutter therefore it does not meet City standards. The PMP policy does not promote milling and overlaying streets that do not meet city standards. Thresher Square' 700 Third Street South. Minneapolis, MN 55415' Phone: (612) 370-0700' Fax: (612) 370-1378 URS . Mr. Aaron Parrish June 4, 2003 Page 2 . A profile change of the road is required for drainage improvements and associated grade and geometry changes at the Ingerson Road intersection. Drainage improvements for Ingerson Road include a storm sewer pipe running beneath Ingerson Court. The grade, drainage and geometry changes can only be accomplished by the reconstruction Ingerson Court. . Reconstruction fits within the "Neighborhood Approach" reconstruction policy. Recommendation URS has experience working with the low bidder, Arnt Construction Company, Inc. The Engineer is confident that Arnt Construction Company, Inc. is capable of successfully completing the work included with this project. The City Engineer, therefore, recommends the award of the 2003 Pavement Management Program to Arnt Construction Company, Inc_ for the total amount of $1,903,536.10. The project . schedule outlined below is based upon award by the City Council on June 9, 2003 A ward Contract Begin Construction Complete Construction June 9,2003 June 16, 2003 September 26, 2003 A construction start date will be coordinated with the Contractor once the project has been awarded and affected residents will be notified in advance before the project begins. Please call me at (612) 373-6479 if you have any questions or need additional information. Sincerely, Arden attachment cc: Tom Moore/Arden Hills Nick Landwer/URS Mark LynchlURS Frank TicknorlURS File 37951-023-0101 BIDREC.wPD . . "U C"- o 0 0 ~ 0 m 0 rr ~ CD ~ ~. en 0: CD Z ::J 0 ::J 0 0 CD ~ CD ..... '- -6. ~ -I s: en ..... Pl Z o. ~ ::J 0 ::J 0- Pl C co CD ~ ~ r-+ _0 0 OJ W f\) 0 :J ~ ~ 0 0 <D ~ ~ CJ1 0 ::J ..... W 0 , "U ..... (j) 0 Pl :t> f\) ~ w < ~ CD , CD Q. co 0 3 CD 0 ..... CD ::J -< 0 ::J I ..... ..... s: (jj Pl ::J Pl co CD 3 CD ::J ..... . "U ~ 0 co ~ ~ Q. 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" > ~ ~ " z '" " o > I ~; ~ ~ ~~~ _ to'Ti l-~~ I . . . . ~ EN HILLS MEMORANDUM Date: AGENDA ITEM NO. 8.A June 6, 2003 To: Mayor and Council ~ From: Cynthia Young, Deputy Clerk/Human Resources Director Subject: Administrator/Clerk Search - Personnel Decisions International Enc: Personnel Decisions International Memorandum dated June 3, 2003 BACKGROUND: Staff previously provided Council with the memorandum dated June 3, 2003 from PDI, which indicates the progress and procedures concerning the Administrator/Clerk search and interview schedule. As noted in the previously mentioned memorandum, Dr. Donna DiMenna, will be available at the Monday, June 9, 2003 meeting to address any questions, comments and concerns Council may have. . . . ~ PEru;Ol'\NEL lIlII RfES:!?!~t'i~ 11EMO DATE: 3 June 2()()3 To: Arden Hills Mayor and Council FROM: Harry Bmll SUBJECT: City Administrator Selection Applications for the city administrator position elosed Friday, May 30. I am gratified to report that we received 55 applications (54 from individuals and one group of ex-city managers offering to do the job on contract). The rough demographic breakdown of the applicants are as follows: . 39 Male . 15 Female . 32 Metro area . 6 Greater Minnesota . 16 Out-of-state A breakdown of .relevant work experience is attached. You will notice that the current step in the timeline has slipped slightly. The application deadline was pushed back one week in order to give advertisements oppormnity to percolate_ I have shortened a subsequent step so that our ultimate deadline is unchanged. I propose that interviews with semi-finalists (approximately 5-6) be conducted during the week of June 16. I understand your desire is to hold interviews over two evenings. Any of the evenings that week (Monday, June 16 - Thursday, June 19) would work. I also would like to get some prospective questions in your hands before the interviews and spend approximately one hour with you doing some orientation and training. Ideally, this training time would happen just before the first interview. Enclosed are the resumes from 11 candidates who appear most promising to meet your position needs. Please review them and, using the enelosed form, indicate which candidates you would like to interview. Since we are ultimately able to interview 5~6 candidates~ I will ask each of you to designate up to four candidates. At Monday night's meeting, each of you can indicate your preferences. From that, we will make a decision regarding whom to invite. One important note: At this point, canc1idates are still considered confidential. You will notice on the fonn that we have numbered the eanc1idates 1-11. Please, in your discussion on Monday night, indicate candidates by this number only. . 11Im! PERSON\JEL 6 R~c(!~J~t'!~ Unfortunately, I will be on my way to Washington, D.C. on Monday evening. However, I am sure that you will find my colleague, Dr. Donna DiMenna, more than adept in filling in for me. Also enclosed is a draft of the position profile. Please review and make any changes you see fit. I would like to share this with continuing candidates. After candidates are interviewed by you, the management team, and employee representatives, you will need to meet briefly to decide which candidates continue as finalists. I will be in Baltimore the week of June 23 - 27. I am president of the International Personnel Management Association Assessment Council (IP:rvfAAC), and this is our annual conference. Please do not let that constrain you, however. We will need a couple days to collate the information from all of the interviews and get it back to you. You will then want some time to review the information before making a decision regarding finalists. The good news is that the meeting to discuss finalists usually takes no longer than 15-30 minutes. . !fyou have any need to contact me, please feel free to do so by phone (612/337-8233). Even though I am on the road, I will be in constant phone contact. I am attaching a slightly revised timeline. Though we have pushed things back one week at this point, we have shortened some subsequent time frames so that we hopefully can finish on schedule. I am pleased with both the quantity and quality of applicants. I look forward to the next steps of the process. . . . . Arden Hills City Administrator Applicants' Relevant Job Experience Administrative Intern - City Administrator - Department of Natural Resources Assistant Agricultural Administrator/Special Projects Administrator - State Dept. of Rehab and Correction Assistant Budget Director-Office of Mgmt. and Budget Assistant City Administrator (2) Assistant City Manager (3) Business and Commercial Rep - State Dept. of Trade and Economic Development Chief Administrative Officer-Public Housing Authority Chief Operating Officer Church City Administrator (10) City Administrator/Clerkffreasurer (3) City Clerk/Administrator City Manager (3) City Director of Research City Planning Internship (2) Contract City Administrator Criminal Justice Information Systems Manager for Bureau of Criminal Apprehension Director of Housing and Economic Development - City Director of Planning and Development Division Manager-State Dept. on Aging Finance Director of City (2) Graduate Intern in Government Relations Department Inspector General US Army Legislative Assistant Local Assistance Director-Region XII Management Assistant-City Manager of Internal Services Crime Lab Manager: Dept. of Technology & Mgmt. Services-City Mgmt Analyst - County Public Affairs Admin. Nurse Planning Coordinator-City Police Officer Private Industry Manager Senior Planner Solid Waste Coordinator - County Solid Waste Management Tax Intern . PERSOl'NEL DECISIONS . City Administrator Arden Hills, Minnesota Position Profile Prepared by: Personnel Decisions International 29 May 2003 . . . . City Administrator Arden Hills, Minnesota Position Profile Introduction This document is designed to serve three purposes: . Serve as a basis for assessment and selection of the candidates for the City administrator position. . Provide information for candidates regarding the requirements, issues, and challenges that accompany the position. . Provide the City of Arden Hills with feedback regarding issues impacting the City's current and future status. Sources of Information Information for this document was obtained through a variety of sources: . Discussions with Council Members . Interviews with management team . Focus groups with employees . Document review The support and cooperation of all staff and elected officials in contributing to this document is gratefully acknowledged. Background The City of Arden Hills lies approximately 8 miles north of the downtown areas of St. Paul and Minneapolis, Minnesota. It is situated in Ramsey County and covers 9.4 square miles with an estimated population of9,692. The city serves as home to many large corporations, numerous small to medium size businesses, and two private colleges. Visit the city's web site at www.ci.arden-hills.mn.us or view Arden Hills' Online Community Profile (www.mnpro.com -- click on community profiles) for additional demographic, business, and governmental information. 2 . . . Arden Hills has 22 full-time employees. Fire service is supplied by Lake Johanna Volunteer Fire Dept. Law enforcement services are provided under contract with the Ramsey County Sheriffs Dept. Challenges and Issues Pacing the Position While not all-inclusive, the following issues provide a "flavor" of priorities facing the City and the position: . Assist, with council, the development of the Twin Cities Ammunition Plant (TCAAP) . Hire a capable finance director . Increase the city's visibility and presence in intergovernmental relations . Examine the current organizational structure to determine whether it supports city goals . Facilitate the formation of a single team with council and staff . Improve city/resident communication . Examine city's current assessment policy . Assist council in crafting a long-term vision for Arden Hills . Ensure the maintenance of city infrastructure and housing stock . Playa major role in economic development and re-development . Ensure adequate, cost-effective provision of fire and law enforcement services through serving on respective boards 3 . Desired Qualities Background The following represents a compilation of the desired knowledge, skills, abilities, and personal characteristics required for the position. While it is recognized that no one individual is likely to possess all these qualities, it is nonetheless helpful to begin with a "template" in order to evaluate candidates. Leadership Qualities Can help formulate a long-range vision for the City Shares leadership and seeks consensus among all parties Supports and empowers staff in their decision making while holding them accountable Effectively motivates staff and develops a spirit of camaraderie Forms a team with Council and staff . . . . . . . . . . . . . . . . . . Helps staff work together Builds community partnerships Provides recognition for exemplary employees Collaborates with other organizations and agencies Maintains staff cohesiveness Promotes the city Quickly establishes credibility and trust Leads by consensus Facilitates a positive work climate Welcomes and encourages citizen participation Helps others improve their problem-solving capabilities . Encourages creativity and appropriate risk-taking . Shows strong trust in staffs abilities - solicits their input, delegates responsibility, and allows sufficient latitude . Develops partnerships with staff, Council, and others . Coaches and trains staff where necessary . Accurately assesses and develops staff capabilities . Recognizes leadership capability in others 4 . . Is willing to make tough leadership decisions . Aligns people's effort toward common goals . Gains others' commitment toward goals . Is fair but firm . Shares credit with staff as appropriate . Creates a climate of trust and openness Human Relations . . . . . . . . . . . . . . . . . . . . Establishes and maintains strong, cooperative, and trusting working relationships with staff, Council, governmental agencies, and other groups Demonstrates strong interest in, understanding of, and consideration of others' needs, feelings, and opinions Values others and does not come across as condescending or arrogant Serves as an ambassador for the city Helps others achieve consensus Expresses disagreement tactfully Shows sensitivity and tolerance of others Is accessible to others. Establishes strong relationships with other communities Facilitates teamwork among staff Treats others with respect Is an excellent negotiator Relates well to people of different backgrounds Is skilled and objective in resolving conflict Is open and approachable by others Displays compassion when appropriate Works well with all people, regardless of position Possesses strong political sensitivity and interpersonal insight; quickly picks up on group dynamics, people's emotions, etc. . Is outgoing; enjoys meeting people . Becomes involved in the community 5 . . Is appropriately assertive . ls willing to provide help . Ensures others feel important . Is responsive to others' concerns . . . . . . . . . . . . . Communication Skills Listens well; demonstrates receptivity and attentiveness Is an articulate communicator, both orally and in writing Seeks input from others Has media presence; is effective as a public speaker Promotes resident-council communication Can present ideas in a clear, concise, and persuasive manner Keeps staff updated and informed Fosters open communication Shares pertinent information Makes others feel their voice is heard Can communicate with individuals from diverse backgrounds Is a visible presence at meetings within and outside of the city . Facilitates communication with council . . . . . . . . . . Judgment and Decision Making Takes a big-picture perspective; does not lose sight of important issues Demonstrates creative problem solving Is willing to make tough decisions Posse<ses sound business judgment Has an open decision-making style Anticipates issues; is proactive Understands the political landscape Is deliberate and decisive in regards to taking action Is a quick study and demonstrates grasp of intuitive issues 6 . . Is fiscally astute; possesses good quantitative skills and has a strong understanding of fiscal management . Balances policy with special needs . Practices collaborative problem solving . Provides Council with appropriate alternatives and recommendations . Understands Council/staff roles . Approaches issnes from multiple perspectives . Thinks quickly on his/her feet . Possesses the foresight to anticipate problems . Effectively balances conflicting needs . Asks for help when appropriate . Provides rationale for decisions . Uses expertise of citizenry . Administrative Skills . Possesses strong long-range planning skills - has good visionary skills and is able to develop long-term strategies . Delegates responsibility . Establishes clear, effective priorities · Is able to coordinate/manage resources so that operations are efficient and focused · Demonstrates good contingency planning . Demonstrates an appropriate level of control and follow-up - neither overcontrolling nor undercontrolling . Possesses solid overall management skills . Runs an efficient operation . Ensures that things are completed in a timely fashion . Personal Characteristics . Possesses high ethical standards and considers the ethical implications of actions . Is honest and disclosing . Demonstrates maturity; has a realistic view of self 7 . . . . Is in touch with the community - shares community values . Is a reflective and non-impulsive individual · Remains calm in difficult situations and does not overreact . Is willing to admit mistakes, lack of knowledge, etc. . Has appropriate level of self-confidence - does not come across as pretentious or arrogant . Stands up for principles . Is not overly sensitive to criticism or slight . Possesses a positive outlook and a good sense of humor . Displays courage; is not afraid of controversial topics . Is willing to take responsibility . Is credible and straightforward . Is a person of strong character and integrity . Remains visible and accessible to employees and council . Functions effectively, even in stressful situations . Displays enthusiasm and energy . Is open to change and new ideas Technical Skills . Has familiarity with all aspects of city services . Demonstrates knowledge of development and redevelopment issues . Possesses strong financial management skills . Understands legal implications of decisions . Increases skill in others; provides necessary tools . Is an advocate for and has an appreciation of technology . Demonstrates technical knowledge 8 . . . Arden Hills City Administrator Search Process Timeline Event Date lnterview Council and Staff April 21 - May 2 Approve Job description/position profile May 12 Application Deadline May 30 Narrow Candidates from 20 to 10 (with top 5 recommended) June II Bring Top 5 or 6 Candidates to Arden Hills for Interview Process Week ofJune. 16 - 20 Decide on Final Candidates (top 2 or 3) Week of June 23 - 27 PDr Full Candidate Review . Background lnvestigation . Reference Checks . Press search . PDr Management/Leadership assessment June 30 - July II Final Candidate Packets to City Councilmembers Week ofJuly 14 Decision on new City Administrator (1 additional interview, if necessary) Week ofJuly 21 ~ ~. EN HILLS . MEMORANDUM DATE: June 5, 2003 Agenda Item 8.B TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem FROM: Aaron Parrish, Interim City Administrator / Community Services Director 4;::> . SUBJECT: Environmental Attorney Update ENCLOSURES: 1. Michael Comodeca Resnme 2. New and Exciting Opportunities at Former Military Bases by Michael Comodeca 3. Spencer, Fane, Britt & Brown: The Environmental Law and Regulation Practice Overview To help facilitate the transfer of the TCAAP property and ensure that the city's interests are appropriately represented early in the transfer process, the Council previously directed staff to retain an environmental attorney with experience in dealing with similar projects. Toward that end, staff has done the following: )> Contacted the National Association for Installation Developers, a professional association for military base reuse professionals, to get a list of possible candidates with the appropriate expertise. )> Contacted or attempted to contact several other units of government that have gone through a similar process. )> Conducted internet research attempting to identify potential firms and candidates. . In the course of doing the above, it became apparent that the potential options are limited. However, staff feels that a viable option has been identified. Over the last week and a half staff has had the opportunity to discuss the TCAAP project with Mr. Michael Comodeca, an ~ Memo to Mayor and Council June 5, 2003 Page 2 . environmental attorney with the firm Spencer, Fane, Britt & Browne in Overland Park, Kansas. Throughout the course of our conversations, it has become apparent that he has a clear understanding of the issues and is capable of effectively representing the city's interests. Prior to joining Spencer Fane, Mr. Comodeca was a senior environmental attorney with the U.S. Army Forces Command and is knowledgeable on military base closure issues. See the attached resume and firm profile for additional information. Should the Council elect to retain Mr. Comodeca as the City's environmental attorney and once he has had the opportunity to get up to speed on some of the issues, staff would suggest a meeting with the Council sometime in July. Financial Impact Mr. Comodeca's hourly rate is $220 per hour. This is less than our current local environmental attorney. However, travel expenses will be incurred when meetings in Minnesota are required. The line item in our current interim development agreement for this service is $60,000. There is a process outlined in the interim agreement should a budget amendment be necessary at some point in the future. . Reauested Action I. Consider authorizing the Interim City Administrator to retain the services Michael Comodeca, environmental attorney with the firm Spencer, Fane, Britt & Brown, to serve as the city's environmental attorney for the TCAAP project. . . . . SPENCER FANE B R I T T c$J B ROW N E llP ATTORNEYS & COUNSELORS AT LAW Suite 700, 40 Corporate Woods 9401 Indian Creek Parkway Overland Park, KS 66210 (913) 345-8100 FAX: (913) 345-0736 www.spencerfane.eom Michael P. Comodeca Direct dial: (913) 327-5193 meomodeea@speneerfane.com Mike Comodeca, of counsel with Spencer Fane, practices with the firm's environ- mental group. Mike's practice concentrates on environmental regulation and com- pliance issues, with an emphasis on the Clean Water Act, the Clean Air Act, the Endangered Species Act, and military base closure issues. Mike received his bachelor's degree from the United States Military Academy at West Point, where he was in the top 5% of his class academically. He received his law degree from the University of Colorado School of Law. Mike received his LL.M. in Military Law from the Judge Advocate General's School in Charlottesville, Virginia and his LL.M. in Environmental Law, with highest honors, from the George Washington University Law School in Washington, o.c. Mike has extensive military legal experience. Prior to joining Spencer Fane, he served as the senior environmental law attorney for the U.S. Army Forces Command and was responsible for providing legal advice to many military bases nationwide. Furthermore, he provided legal advice on military base closure issues at over 20 additional bases. He also has managed a legal office at a large military base and has prosecuted over 200 courts- martial and other federal trials. Mike also was selected to be an Associate Professor of Law on the faculty of the U.S. Army Judge Advocate General's School. He is a member of the State Bars of Colorado and Missouri. Mike writes and speaks to a wide variety of audiences on environmental law topics. Kansas City~ Missouri St. Louis, Missouri Overland Park, Kansas D About Spencer Fane o Attorneys D Practice Groups o Recruiting o Newsroom DPublications o Events Calendar o Contact Us ( New and Exciting Opportunities at Former Military Bases By:Michael P. COlllodeca Practice Group(s):Environmental . In the coming years, more and more communities will be confronted with the challenge of a closing military base. The Bush Administration has repeatedly expressed its support for another round of base closures. Defense Secretary Rumsfeld recently testified before the House Armed Services Committee that "we [Department of Defense] are carrying something like 20 to 25 percent more base structure than we need for our force structure."r Additionally, the climate on Capitol HilI is likely to be more supportive for additional base closures than at any time in the last five years.2 To achieve the optimum reuse potential of every closing or realigning base, local communities must understand the basic workings of the base reuse process. The base reuse process is impacted by a number of federal real property and environmental laws and regulations, along with volumes of implementing guidance. Some of the laws, such as the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 ("BCRA 88") and the Defense Base Closure and Realignment Act of 1990 ("DBCRA 90"), were specifically enacted to govern certain parts of the base reuse process. Thc remainder, however, were enacted to address more routine government property transactions or other specific problems such as environmental cleanup. Local communities should also be aware of significant improvements to the process that facilitate both the early transfer of the property and increased economic development. In the past, property transfer and any potential economic development were often delayed due to (I) the piecemeal transfer of the property; and (2) time consuming environmental cleanups. But new tools such as the early transfer authority (ETA), the no-cost economic development conveyance (no- cost EDC), the leaseback authority, the judicious use ofIand use controls (LUCs), and the implementation of the Brooks city-base concept provide new and exciting opportunities for local communities at former military bases. . HOW TO SUCCESSFULL Y NAVIGATE THE BASE REUSE PROCESS Once a base has been approved for closure or realignment, the local community must be prepared to establish a local reuse authority (LRA). The LRA is an authority or instrwnentality established by State or local government and recognized by the Secretary of Defense through its Office of Economic Adjustment (OEA) as the entity responsible for developing the base reuse plan or for directing . implementation of that plan. Once established, the LRA plays a major role in the successful transfer of property and the resultant economic development. The base reuse process is best understood as a series of concurrently conducted activities that can be subdivided into three principal phases. These three phases are described in detail below and include: (1) base- wide reuse planning; (2) disposal decision making; and (3) parcel-by- parcel decision implementation. . Phase I: Base-wide reuse planning The first phase, base-wide reuse planning, consists of the many activities that occur while the LRA prepares its development plan and before the military department determines how the base will be conveyed. These activities inelude the LRA's redevelopment planning process, natural and cultural resources determinations and consultations, identification of uncontaminated property, and many environmental c1eanup- and compliance-related activities. This phase usually starts on the approval date for the closure or realignment and it ends when the LRA's development plan has been prepared and submitted to the military department. The military department must then make any environmental impact analysis necessary to make final . disposal decisions. Base-wide reuse planning activities can be grouped into four principal categories: (I) comprehensive land-use and redevelopment planning; (2) environmental impact and other impact analyses; (3) the base reuse environmental process; and (4) installation management. . Comprehensive hmd-use andIJ;,gevel()pment planning During this process, tile base reuse statutes identify specific reuse planning phase requirements and timelines. Many of these requirements and timelines relate to the LRA's soliciting interest in the installation, conducting homeless assistance outreach activities, considering expressions of interest in property, consulting with the military department while it determines initial maintenance levels for the installation, and preparing and submitting the redevelopment plan. The timely submission of both a redevelopment plan and any necessary property applications will facilitate the military department's ability to make final property disposal and environmental e1eanup decisions that will best meet community reuse goals. The "Community Guide to Base Reuse", published by the Department of Defense's (DOD's) Office of Economic Adjustment (OEA), contains essential information on LRA formation, organization, recognition, reuse . planning strategies, and strategies for creating a viable redevelopment plan. . EnvitQnmentalimPil.cLand otherimpact analyses . The military department, under the National Environmental Policy Act (NEP A), must consider all reasonable disposal alternatives and their respective environmental consequences. The NEP A process is intended to help the military department make informcd and environmentally responsible disposal decisions. NEP A requires the military department to conduct environmental analysis concerning the environmental impact of the proposed disposal action, to include: reasonably anticipated reuse activities; alternatives to the proposed disposal and reuse action; and any appropriate environmental mitigation actions. The military department is required to analyze the impacts to natural and cultural resources and may be required to consult with other federal agencies before making final property disposal decisions. It is DOD policy that the LRA's reuse plan, if available and to the extent legally permissible, will be a primary factor in the development of the proposed action and reasonable alternatives under NEP A. In the event the LRA does not reach a consensus or fails to prepare a reuse plan, the military will prepare the NEPA analysis using reasonable assumptions as to the likely reuse scenarios and their reasonable alternatives. . If the property disposal is likely to have a "significant" impact on the environment, the military department is required to prepare an "environmental impact statement" (EIS). The EIS is a lengthy document and preparing an EIS is a time consuming process. Moreover, the military department is required to provide opportunities for significant public involvement, including the opportunity for public comment and participation in a number of public hearings. The LRA and community leaders should ensure that they are heavily involved in this process. . '[he base reuse environmental process . Many environmental issues must be addressed to prepare an installation for closure and transfer and the local communities should be involved in the process. Because the environmental decisions are based on how the land is going to be reused, the military department must know what the LRA is going to do as soon as possible so it can tailor the cleanup actions consistently with the reuse plan. Once the military department knows the reuse plan, it is required to identity significant environmental issues to the LRA that may limit certain types ofland use. This way, environmental priorities can be reconciled with reuse and then appropriate cleanup levels ,vill be established to reflect anticipated future land uses. Moreover, all DOD installations being closed or realigned will establish a Restoration Advisory Board (RAB), if property will be available for transfer. RABs are co-chaired by community and installation representatives and serve as a forum for information exchange and partnership among public, the installation, EP A, and the state on environmental restoration issues. It is in this forum that the public reviews restoration documents and provides input. ~ . In>1allation management As the military department goes through the process of closure or realignment of the base, the various tasks performed by military units . that are no longer on the base must be assumed by other entities. The military department, in consultation with the LRA, determines the initial level of maintenance to support reuse. Also, the military department and the LRA must establish procedures for providing common services, such as police and fIre. . Phase II: Disposal decision making The second major phase of the base reuse process includes the activities associated with the military department's disposal decisions and the LRA's reuse decisions. After reuse planning activities are completed, the LRA will submit its redevelopment plan to DaD and as part of an application made to the Secretary of Housing and Urban Development (HUD). HUD will review and approve the LRA's application. After completing its NEPA analysis and associated documentation, the military department will issue its final disposal decisions. This is generally accomplished by issuing a formal disposal decision document. The decision document is published for public comment and describes the disposal decision made by the military and any potential mitigation required if certain activities occur. . This phase also includes the military department's response to requests for specific property conveyances from approved applicants. The military always retains ultimate authority to make property disposal decisions and will resolve any conflicting property interests at the time the final disposal decisions are issued. . Phase III: Parcel-by-parcel decision implementation After necessary applications have been submitted, reviewed, and accepted, and after final disposal decisions have been issued by the military department, the military department will proceed to dispose of the propcrty. The disposal of the property will be in accordance with the military department's documented disposal decisions. This phase of the base reuse process lasts until the property has been conveyed and all cnvironmental activities that must be performed have been completed. HOW TO F ACILJT ATE EARLY TRANSFER OF THE PROPERTY AND INCREASE ECONOMIC DEVELOPMENT . Early transfer authority (ETA) Recent federal legislation helps local communities to more quickly obtain former military property and initiate economic development. Prior to 1996, federal environmental laws prohibited the military department from transferring the property to the local community until thc environmental cleanup was completed. In fact, the military . . department had to "covenant" that all remedial actions necessary to protect human health and the environment had been taken prior to the transfer of the property. Consequently, the property transfer and any possible economic development were often delayed while the military department cleaned up the property. In September 1996, fedcral law was amended to allow federal agencies to transfer property before all necessary cleanup actions have been taken. This provision, known as the Early Transfer Authority (ETA), authorizes the deferral of the aforementioned covenant under certain circumstances. Dcferral of the covcnant is contingent on a finding that the property is suitable for transfer for the use intended by the transferee and the intended use is consistent with the protection of human health and the environment. The military department must also assure that all necessary response action that is approved by the appropriate regulatory agency will be taken at the site. The Governor of the state where the property is located must concur with the deferral request. . Land use controls (LUCs) . Another way to facilitate the transfer of property and allow economic development to begin is through thc judicious use of land use controls. LUCs include any type of physical, legal, or administrative mechanism that restricts the use of, or limits access to, real property to prevent or reduce risks to human health and the environment. Physical mechanisms encompass a variety of engineered remedies to contain or reduce contamination and/or physical barriers to limit access to property, such as fences or signs. Legal mechanisms include restrictive covenants, negative easements, equitable servitudes, and deed notices. Administrative mechanisms include notices, adopted local land use plans and ordinances, construction permitting or other existing land use management systems that may be used to ensure compliance with restrictions. LUCs may be used in a number of situations. LUCs may be used when, as a result of the remedy selection process, it is determined that containment or treatment of contaminants is not necessary to protect human health but that some measure of control is necessary. LUCs may also be used as interim measures while conducting environmental investigations before an cnvironmental remediation decision is made. . No-cost economic development conveyance (no-cost ED e) . In 1993, Congress created the economic development conveyance (EDC), a property conveyance authority that was designed specifically to ease the economic hardship caused by base closures and realignments and to fostcr rapid job creation in the adversely impacted local communities. This gave the DOD the ability to transfer property to the LRA for consideration or at below estimated fair market value, to spur economic development and job creation. While successful, the EDC process in some cases involved lengthy and sometimes contentious negotiations over fair market value, which not only slowed the pace of redevelopment efforts, but also resulted in increased caretaker requirements on the part ofDOD while these negotiations were ongoing. Negotiations created tension between the . military department and the local community. In October 1999, Congress authorized the no-cost EDC, which allows the transfer of property from the military department to an approved LRA at no-cost, if the transfer supports the LRA's long-term job creation and economic redevelopment efforts. This legislation is designed to address the two major hurdles base closure communities currently face while attempting to effectively reuse closed or realigned bases. First, delays in obtaining control or possession of former base assets delay planning, infrastructure improvements, and job creation. Second, the costs of basic infrastructure work at a former base necessary to allow these assets to compete for new economic activity is typically extremely high. The "no-cost EDC" authority provides an opportunity for a collaborative relationship by assisting communities with creating new jobs on the former bases and relieving the DOD of needless caretaker expenses. . Leaseback authority Often, large parcels of surplus BRAC property are conveyed to an LRA for use in accordance with the LRA's redevelopment plan. But federal users have priority claim on the property, and claim small parcels or even individual buildings within or adjacent to the large . parcel. When the federal entity departs the property in the future, federal law requires that the GSA dispose of that property. This requires the community to go through another lengthy federal real property disposal process, may result in uses that are incompatible with the community's redevelopment plans, and disrupts local economic recovery efforts. In 1996, Congress provided DOD with a new property conveyance authority called a leaseback. A leaseback is when the DOD transfers nonsurplus BRAC property (property that is still needed by the federal government) by deed or through a lease in furtherance of conveyance to an LRA. The transfer requires that the LRA lease the property back to the federal government for no rent to satisfY a federal need for the property . Congress recognized that this piecemeal approach could be harmful to long-range planning and development opportunities. As a result, Congress changed the law to enable more community control over redevelopment while stilI allowing the federal government the ability to utilize government property without additional costs. The leaseback authority is designed to be used in those situations where small parcels or individual buildings needed by the federal government are surrounded by, or adjacent to, a large parcel of property which \viIl be conveyed to the local community. It is not intended to convey property . that is needed by DOD or another federal agency that is easily segregated from thc rest of the property being conveyed to the community for redevelopmcnt purposes. The leaseback authority is especially useful when a federal entity only requires use of part of a building or structure to the LRA and the LRA would lease back only part of the building or structure to the federal tenant. . A recognized LRA is the only entity eligible to receive property under a leaseback. At the close of the federal property screening process, an LRA interested in a leaseback should discuss the option with the military department and the federal agency requiring use of the property. The leaseback should then be incorporated into the LRA's redevelopment plan. The LRA should make a formal request for a leaseback transfer as soon as possible after submission of the redevelopment plan to DOD and HUD.lfthe LRA is pursuing an EDC, then the request for a leaseback should be part of the EDC application. If the LRA is not pursuing an EDC, then it should submit its request for a leaseback to the appropriate military department. . City-Base Concept . An innovative concept that shows promise for the future is the "city- base concept", which is being demonstrated at Brooks Air Force Base (Brooks AFB) in San Antonio, Texas. In October 1999, Congress passed special legislation authorizing the "Brooks Efficiency Pilot Project", which was designed to improve mission effectiveness and reducc costs at Brooks Air Force Base in Texas (Brooks was on the BRAC list and was eventually removed in 1995). The project authorized the Air Force to transfer the entire 131 O-acre base to the city in exchange for receiving fair market value for the property and municipal services provided by the city. Furthermore, the city is required to lease back to the Air Force all 1310 acres of land and buildings. The lease is a 20-year lease and has four 20-year extensions. As property is no longer needed by the Air Force or is desirable for development (and the project is agreeable to both parties), it is released from the Air Force master lease. If the Air Force leaves, the city retains ownership of the property and has no further obligations to the Air Force. This allows the city to plan for economic development and avoid the cumbersome GSA disposal process should the Air Force determine in the future that certain parcels of property are no longer needed to perform its mission. The idea behind the Brooks city-base concept is to leverage the existing assets at Brooks AFB along with San Antonio-provided incentives to create a world class location to foster the development of key industry sectors such as: health services, biotechnology, and other associated uses. Additionally, the Air Force not only is able to maintain its mission at the base, but the ability to perform that mission is actually strengthened through partnerships with nearby companies and universities. . A non-binding agreement has been signed between the city and the Air Force. According to the terms of the lease, the parties share any "net revenues" from future development at 50/50 split. Analysis of financial forecasts for the Project through cash flow modeling has determined that base operating costs will be reduced by up to 35% and that future savings to the Air Force will approximate $8 to $10 million per year. , ' CONCLUSION It appears that in the coming years, more and more communities will be confronted with the challenge of a closing military base. . Implementation of the overall base reuse process (including the actual closure and the base's conversion from military to civilian use) can be an enormously complex undertaking, involving literally hundreds or thousands of individuals, collectively devoting many hours of hard work. To achieve the optimum reuse potential of every closing or realigning base, it is essential that both the military and the local community understand the basic elements of the entire process. Each action taken in the process should be conducted with the whole process in mind. In order to optimize the economic opportunities at former military bases, local communities should be aware of new mechanisms that facilitate both the early transfer of the property and increased economic development. The number of property transfers using the no- cost EDC is increasing and the Air Force is recommending extending the city-base concept to all of its bases. Note: Prior to joining Spencer Fane, Mr. Comodeca served as a senior base realignment and closure attorney with the US Army. In that capacity, Mr, Comodeca interacted regularly with the military department, state andfederal regulators, and local reuse authorities on base reuse matters. . Notes 1. GovExec.com, "Bracing for Closure," George Cahlink, p. 2, August 1,2001. 2. CRS Report for Congress, Military Base Closures: Time for Another Round?, p. 10, January l2, 2001. < GO BACK . .. . . SPENCER FANE B R I T T ~ B ROW N E lLP ATTORNEYS & COUNULORS AT LAW The Environmental Law and Regulation Practice Spencer Fane Britt & Browne is a II O-lawyer firm with offices in Kansas City and St. Louis, Missouri, and Overland Park, Kansas, providing a full range of legal services to businesses and industries throughout the Midwest and elsewhere. The Firm offers expertise in environmental law and regulation in addition to its other business-related legal services, including practice in the fields of corporate, tax, real estate, securities, financing, litigation, labor relations, employment litigation, employee benefits, and health care law, among others. This summary describes the Firm's experience in environmental law. Practice Overview The Firm has represented companies and individuals in environmental matters for the past quarter century. This work has included the representation of waste disposal companies, manufacturers, waste generators, real estate development and financing interests, agricultural interests, municipalities, and environmental consultants under all major environmental statutes, including the National Environmental Policy Act, the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act ("TSCA") and underground storage tank: laws. The Firm also has represented companies under state and local laws regulating the environment and the siting of waste disposal facilities. As part of its environmental representation the Firm has assisted its clients in seeking and securing environmental permits, variances and zoning approvals; defended environmental enforcement actions before state and federal agencies and courts; advised and defended clients concerning hazardous waste regulation and toxic waste cleanups; conducted environmental assessments of real property; assisted clients in perfonning environmental compliance self-audits; defended clients against toxic tort lawsuits; pursued insurance coverage on its clients' behalf; and assisted clients in all phases of environmental regulation and litigation. These activities are discussed in more detail below. Representative Clients The Firm's clients in the field of environmental law included well-known national and regional companies such as Allied Waste Industries, Inc. and its subsidiary, BFI Waste Systems of North America, Inc. AT&T, W. R. Grace & Company, The Monsanto Company, Philips Electronics North America Corporation, Abbott Laboratories, Ashland Chemical Company, Nashua Corporation, General Dynamics Corporation, General Electric Company, Johnson Group, Inc., Sandia National Laboratories, Motorola Incorporated, Sequa Corporation, Exide Corporation, Teledyne St. Louis, Missouri 1000 Walnut Street, Suite 1400 Kansas City, Missouri 64 1 06-2140 (816) 474-8100 Fax (816) 474.3216 www.spencerfane_com WA 506775.1 Overland Pork, Kansas SPENCER FANE B R IT T $ B ROW N E LLP ATTORNEYS" COUIUELORS AT LAW . Incorporated, United Technologies, Inc., The Marmon Group of companies, Prolerized Steel Corporation, The City of Siloam Springs, Arkansas, Kansas City Area Transportation Authority, Heritage Environmental Services, Yellow Freight System, Cleveland Wrecking Company, Union Equity Cooperative Exchange, Farmland Industries, Cyprus Minerals Company, Paramount Communications, Witco Corporation, Panhandle Eastern Corporation, Sauer-Sundstrand Corporation, Seagate Technology, Deere & Company, Merrill Lynch Hubbard, Inc., National Association of Demolition Contractors, Woodward-Clyde Consultants, Kansas City Power and Light Company, and The Empire District Electric Company. The Firm is proud not only of its solid base of regional clients in the environmental field, but of its national reputation as well. The Firm's lawyers regularly handle environmental matters across the country and speak and write about environmental law issues for national audiences. Spencer Fane Britt & Browne's Environmental Experience A summary of some of the significant environmental matters the Firm has handled within the past few years is presented in the following paragraphs. Superfund Cleanups The Firm has a substantial amount of experience representing major hazardous waste generators in litigation under the federal Superfund law ("CERCLAn), under which the government seeks to compel the cleanup of hazardous waste disposal sites. The Firm has represented waste . generators at scores of Superfund sites across the country. The Firm's clients have been among the government's primary targets at many of these Superfund sites. Firm lawyers, therefore, have played leading roles in defending Superfund cases, negotiating resolutions, developing unique and creative settlement alternatives, and pursuing third parties and insurance carriers to help pay the cleanup costs. Two of the many well-known cases in which the Firm has played leading roles are United States v. Conservation Chemical Co. and United States v. Hardage. In each, Firm lawyers served among a select group oflead counsel. In Hardage, one Firm lawyer served as chairman of the Case Management Committee, which successfully directed the defense of the lawsuit on behalf of 25 defendants and more than 100 members of a generator defense group. A second Firm lawyer led the generators' defense of the government's multi-million dollar cost recovery claim. At several sites Firm members have chaired or taken leading roles in multiparty steering committees that direct response activities. At many, the Firm has been retained as common counsel for the groups undertaking response activities. At other sites, the Firm has represented clients who were not major parties and has sought de minimis settlements on their behalf In addition to Superfund actions, the Firm has represented numerous clients before various state regulatory agencies in administrative actions requiring cleanup of hazardous wastes under state . 2 WA 506775.1 .. . . SPENCER FANE B R I T T . B ROW N E LLP ATTORlHYS & COUNSELORS AT L.AW law. The Firm also has helped clients conduct voluntary cleanups in ways that minimize potential current and future regulatory burdens, while complying fully with applicable legal requirements. As discussed below, Firm lawyers frequently represent clients in CERCLA private cost recovery litigation and advise clients on the interrelationship between Superfund liability and federal bankruptcy law. RCRA Permitting and Corrective Action Firm lawyers have assisted companies in numerous proceedings to obtain and retain authorization to operate hazardous waste treatment, storage, and disposal facilities under RCRA and related state laws, including the resulting" corrective action" cleanup requirements. The Firm represents the only currently-operating RCRA hazardous waste landfill in Missouri and has been involved in all aspects of the RCRA Part A and Part B permit processes for this facility. Firm lawyers have negotiated with regulatory officials concerning interim status and permit issues and have directed appeals from unacceptable permit terms. The Firm has handled other RCRA facility interim status and permits for manufacturing plants and commercial hazardous waste facilities. Firm lawyers have handled numerous matters involving RCRA corrective action. Firm lawyers are familiar with virtually every EP A guidance document concerning corrective action, including several that significantly restrict EP A's corrective action authority. Frequently EP A attempts to exceed this authority. Through negotiations and appeals, Firm lawyers have helped their clients achieve acceptable corrective action requirements in numerous instances. Defense of Enforcement Actions In addition to the Superfund and RCRA corrective action cleanups discussed above, the Firm has represented dozens oflarge and small companies before various state and federal agencies and courts, defending those companies against claims of improper handling of wastes, permit violations, and violations of environmental laws. These matters have involved representing the companies in administrative or court proceedings, and most have involved extensive negotiations with government regulators and lawyers concerning the applicability of various statutes and regulations, appropriate remedial responses, and appropriate penalties, if any. A sampling of the types of matters the Firm has defended include: . Clean Water Act enforcement suits alleging National Pollutant Discharge Elimination System ("NPDES ") permit and pretreatment violations. . Clean Air Act enforcement proceedings and related citizen suits. . RCRA enforcement proceedings alleging improper handling of hazardous waste. 3 WA506775.1 SPENCER FANE B R I T T $ B ROW N E lLP ATTORNEYS & COUNSELORS AT LAW . . TSCA enforcement proceedings. . EPCRA enforcement proceedings. Environmental Permitting In addition to RCRA permits, Firm lawyers have handled the legal aspects of obtaining environmental permits and variances for a wide variety of facilities under all other major environmental statutes, including the Clean Air Act, the Clean Water Act, and TSCA. ThefoIlowing is a partial listing of the Firm's activities. . Assisting electrical utilities and other companies to obtain air emission discharge permits, including compliance with new air permitting requirements. . Assisting companies in their efforts to obtain NPDES water discharge and stormwater permits, including permit preparation, negotiation of permit requirements, negotiation of effluent limitations and conditions, permit review and advice, and appeals of unacceptable permit requirements . Assisting companies in complying with, or securing needed permits under, section 404 of the Clean Water Act governing wetlands development. . . Assisting companies in their efforts to eliminate unnecessary permits and permit requirements. . Assisting municipalities in their efforts to establish viable pretreatment requirements for industrial users of wastewater treatment plants and assisting industrial users of other systems to obtain necessary pretreatment permits to continue discharging into such systems. Assisting a PCB disposal company in its efforts to obtain EP A approvals under TSCA and to comply with EP A regulations concerning PCB handling, storage, and disposal. . Assisting and advising waste disposal companies in obtaining approvals for commercial waste disposal facilities, including providing guidance on compliance with state solid waste disposal facility requirements, securing state operating approvals, securing local land use approvals, and addressing local opposition. . Assisting companies in making New Source Review (NSR) and Prevention of Significant Deterioration (PSD) determinations. . Assisting companies in Clean Air Act Title V permit applications. 4 . W A 506775.1 . . . SPENCER FANE BRITT ~~NE LLP ATTORtUH & COUNSELOR! AT LAW CERCLA Cost Recovery, Toxic Tort, and Other Environmental Litigation The Firm successfully has represented both plaintiffs and defendants in CERCLA cost recovery lawsuits seeking to recover cleanup costs. Frequently these cases have required management of dozens of parties and involved millions of dollars in potential liabilities. Additionally, the Firm has represented parties in a wide range of common law and contractual environmental claims that go far beyond typical CERCLA litigation. For example, the Firm has defended common law toxic tort claims alleging property contamination and claims alleging personal injury due to asbestos and chemical exposure. Increasingly, environmental litigation involves issues of contractual interpretation and claims of breach of contract or warranty. The Firm has prosecuted and defended such claims, including matters involving allegations of breach of warranties and representations in the sale of industrial property, breach of contract involving landfill service and delivery obligations, and the interpretation of lease obligations when the tenant or landlord discovers a portion of the leasehold property is contaminated. For example, in Prolerized Steel Corp. v. Sandifer Motors, Inc. the Firm successfully prosecuted a claim and defended a counterclaim involving the delivery of industrial waste to an industrial waste landfill and the waste site operator's compliance with the contractual terms. In Thomas v. FAG Bearings Corp., 846 F. Supp. 1382 (W.D. Mo. 1994), the Firm successfully defended a third-party action seeking CERCLA cost recovery and toxic tort damages. Firm lawyers obtained a case management order that required the third-party plaintiff early in the case to produce its evidence of liability against third parties. When that evidence was shown to be insufficient to support the claims, Firm lawyers moved for and obtained summary judgment before significant discovery had taken place. Alternative Dispute Resolution Firm lawyers are among the chief advocates of the innovative use of alternative dispute resolution techniques to resolve multi-party issues at Superfund sites. Firm lawyers are active in leading organizations of dispute resolution professionals, including the Center for Public Resources, the American Arbitration Association and the Section of Dispute Resolution of the American Bar Association. The Firm has participated in numerous mediation and arbitration proceedings to allocate costs at Superfund sites. Firm lawyers also have been retained as neutral allocation consultants to help PRPs allocate such costs, including two ofEPA's pilot allocation sites, the Old Southington Landfill Site and the Batavia Landfill Site. 5 WA506775.1 SPENCER FANE B R I T T ~ B ROW N E '" ATTORNEYS & COUNSELORS AT LAW . Criminal Liability While the Firm sincerely hopes that its clients do not face criminal sanctions, the fact remains that environmental prosecutors aggressively are bringing criminal proceedings against individuals and companies in a wider range of circumstances than was typical only a few years ago. The Firm's environmental lawyers include a former member of the Justice Department's Criminal Tax Section and two former members of the Army Judge Advocate General's Corps. These and other members of the Firm's environmental practice group regularly write and speak on environmental criminal liability and preventive measures to avoid such liabilities. The Firm has represented clients on several occasions with respect to environmental criminal matters and regularly advises clients on compliance issues with criminal implications. Environmental Assessments and Real Property Transactions The Firm has assisted industrial property buyers, sellers, and lenders to recognize potential environmental liabilities and to negotiate transaction terms that address those liabilities. The Firm has conducted or supervised numerous environmental assessments and due diligence reviews in connection with these transactions. Firm lawyers during these reviews often determine a facility's environmental compliance under local, state, and federal laws and determine the extent of any environmental problems for which the parties might become liable. They then help the parties negotiate solutions to any problems that are . revealed. Regulatory and Legislative Proceedings The Firm has been active in shaping environmental laws, regulations, and ordinances that affect its clients. The Firm's lawyers worked on behalf of the waste management industry regarding Missouri's solid waste and hazardous waste laws and contributed significantly to the drafting ofthose statutes. The Firm has worked to achieve modifications and exemptions to hazardous waste laws passed by state legislatures and city councils that would have had significant impacts on its clients' businesses. Firm lawyers have appeared numerous times before the Missouri Hazardous Waste Management Commission to comment upon proposed hazardous waste regulations. These appearances have included the submission of substantial oral and written presentations to support the positions of the affected clients. As part of their efforts to shape environmental regulations, Firm lawyers have negotiated extensively with state regulators on behalf of their clients concerning the content of hazardous waste and air regulations. . 6 WA506775.1 .. . e SPENCER FANE B R I T T $ B ROW N E LLP ATTORNEYS" COUNSElORS AT LAW Firm lawyeTs regularly are called upon by a Missouri-wide group of industrial companies, Associated Industries of Missouri, to discuss and comment upon proposed environmental regulations and legislation in Missouri and to develop strategies for supporting or objecting to such proposals on behalf of industry. Firm lawyers challenged EP A's NOx SIP Call that imposed costly controls on 22 states, and the District of Columbia on behalf of a consortium of Western Missouri utilities. Although the NOx SIP Call was generally upheld, the court struck down the rule as to Western Missouri, resulting in a combined savings of approximately one billion dollars to the five utilities in the consortium. Michigan v. u.s. E.P.A., 213 FJd 663,681-85 (D.C. Cir. 2000). Insurance Coverage for Environmental Damages The Firm's lawyers have taken a major role nationally in seeking to enforce the rights of insurance policyholders to receive a defense and indemnification from their insurance carriers pursuant to comprehensive general liability insurance policies for claims alleging environmental damage. Such insurance coverage has been especially important for companies facing hazardous waste site cleanup claims under state and federal statutes such as CERCLA In the Conservation Chemical Company case discussed above, Firm lawyers represented one ofthe major generator-defendants in litigation against the site owner's insurance carriers to compel their financial participation in the site remedy. Those efforts resulted in a substantial settlement by those insurers. Firm lawyers have represented disposal site users in numerous other claims, including several that led to published court decisions favoring policyholders. InPipefitters Welfare Educational Fund v. Westchester Fire Ins. Co., 976 F.2d 1037 (7th Cir. 1992), Firm lawyers obtained one of the nation's first rulings interpreting the personal injury coverage part of an insurance policy to provide coverage for environmental damage. Firm lawyers have been retained by several national and international companies to draft, review, and file amicus briefs in insurance coverage cases pending nationwide. Firm lawyers have been invited to speak on environmental insurance coverage issues at several national hazardous waste and toxic tort workshops sponsored by organizations such as the American Bar Association and the American Law Institute-American Bar Association. Bankruptcy Bankruptcy and creditors' rights issues frequently become important in environmental proceedings, especially multi-party Superfund sites. The Firm has assisted individual PRPs and PRP groups as common counsel when other PRPs threaten or declare bankruptcy. 7 WA506775.I SPENCER FANE B R I T T ~ B ROW N E llP ATTORHEH It COUNSELORS AT LAW . The Firm represents a large group of PRPs performing response actions at the Fisher -Calo site in Kingsbury, Indiana, where the Firm has helped its clients achieve settlements of hundreds of thousands of dollars from PRPs that had declared or threatened bankruptcy. The Firm represented a group of generator PRPs at the Lowry Landfill NPL site near Denver, Colorado in connection with the StorageTek bankruptcy proceeding. The PRP group challenged EP A's proposal to settle its claims with StorageTek in a manner that would have discharged the PRPs' cross-claims for what the PRPs believed was too Iowa value. Through litigation and negotiation, the Firm eventually was able to secure for the group a significantly better contribution from StorageTek. The Firm served as environmental counsel representing AT&T with respect to environmental claims in American Telephone and Telegraph Co. v. Chateaugay Corp., 88 B.R. 581 (S.D.NY 1988), in which the court held in the L TV bankruptcy proceeding that resolution of issues involving consideration of the Bankruptcy Code and CERCLA require mandatory withdrawal of reference from the bankruptcy court in a bankruptcy proceeding. The Firm also has represented PRP groups pursuing bankruptcy and similar claims against PRPs at numerous other sites, including the Hardage site in Criner, Oklahoma, the Doepke-Holliday site in Johnson County, Kansas, and a site in Chanute, Kansas. On-Going Environmental Compliance and Consnlting A substantial amount of the Firm's practice involves representing and counseling clients on . environmental issues that arise in the course of daily business decision-making. These include matters such as underground storage tanks, asbestos, community right-to-know, release reporting, and many others. The Firm's clients regularly call upon Firm lawyers to give them a wide range of advice concerning environmental regulations and transactions with environmental implications. Firm lawyers strive to keep abreast of the rapidly changing developments in the environmental field and regularly send information concerning new regulations and other recent developments to clients who request it. In addition, the Firm has assisted clients in performing comprehensive self-audits to assess their compliance with existing environmental requirements and improve their ability to recognize and comply with future requirements efficiently and cost-effectively. Types of Facilities Because of its broad environmental practice group, the Firm has substantial experience in addressing environmental issues at a wide array offacilities. This experience allows our lawyers very efficiently to address environmental issues. Although not exhaustive, the types of facilities include the following: . Manufacturing plants of all types, including manufacturers of farm equipment, electrical equipment, computer equipment, steel, steel cable, hydraulic pumps, fertilizer, agricultural chemicals, industrial chemicals, food, consumer products, industrial products, automobile parts, and others 8 e WA 506775_1 .. SPENCER FANE B R I T T ~ B ROW N E LLP ATTORMiYS .. COUMULORS AT LAW Electrical utility power plants, substations, and transmission facilities Retail department stores Automobile and truck manufacturing and surface coating Automobile shredders and steel recyclers Building demolition sites Battery recycling Lead smelting Copper smelting Municipal, industrial waste, and nuclear waste landfills . Hazardous waste treatment, storage, disposal, and transportation facilities. Hazardous waste fuels Natural gas production and transmission facilities Petroleum refineries Drum recycling Solvent manufacturing and distribution Pesticide manufacturing facilities Fertilizer manufacturing facilities Vehicle and equipment repair Electrical equipment repair Service stations . Dry cleaners 9 WA 506775.1 SPENCER FANE B R I T T ~ B ROW N E ", ATTORNEYS & COUMSlLORS AT L.AW . Livestock facilities and feed lots Hide processing Government-owned, contractor-operated Department of Energy facilities Printing Grain elevators Agricultural distribution Rock quarries Mining Waste water treatment plants Former manufactured gas plants . Municipalities and public entities Environmental consultants and remediation contractors and many, many more. Other Environmental Activities In addition to regular representation of clients on environmental matters, Firm lawyers actively are involved in numerous environmentally related activities that help keep them aware of current developments in the environmental field. The Firm's lawyers for the past several years have written and compiled extensive year-end reports for the American Bar Association Section of Natural Resources, Energy, and Environmental Law summarizing the previous year's legislative, administrative, and judicial developments in the law concerning hazardous waste. Firm lawyers are active in a large number of organizations devoted to environmental matters, including industry-related as well as legal organizations. These groups include the American Bar Association ("ABA"); the Center for Public Resources, a national organization oflawyers devoted to alternative dispute resolution; The Information Network for Superfund Settlements; the Missouri Bar Association Energy and Natural Resources Committee; and the Kansas City Metropolitan Bar . 10 W A 506775.1 :. . . SPENCER FANE B R I T T ~ B ROW N E LLP ATTORMns Ir COUNSELORS AT LAW Association Environmental Law Committee. Industry-oriented organizations include Associated Industries of Missouri; the Missouri Waste Control Coalition; The Greater Kansas City Chamber of Commerce Energy and Environment Committee; and the Kansas City Area Hazardous Materials Advisory Committee sponsored by Mid-America Regional Council. Firm lawyers frequently make presentations to a wide variety oflegal and industry groups on environmental law matters. A large percentage of these are presented to national audiences, including seminars sponsored by the ABA Section of Environment , Energy, and Resources; the Northwestern University School of Law Corporate Counsel Institute; the ABA Natural Resources Law Section nationwide satellite seminars; the Center for Public Resources Environmental Committee; the ABA Section of Litigation, Environmental Litigation Committee; the ABA Business Law Section; the Nebraska State Bar Association Section on Natural Resources and Environmental Law; the Missouri Bar AssociationEnergy and Environment Committee; the Rocky Mountain Mineral Law Foundation; the Associated Industries of Missouri; the Missouri Waste Control Coalition; and the Kansas City Metropolitan Bar Association's Environmental Law Committee. The Firm takes seriously its role as a leader in the field of environmental law, a role that keeps its lawyers abreast of rapid changes. By learning its clients' industries and listening to their needs, the Firm's lawyers are able to apply their knowledge and expertise in environmental law to achieve the Firm's goal of helping clients avoid unnecessary legal controversy and expense through creative problem solving and imaginative planning. THE SPENCER FANE BRITT & BROWNE LLP ENVIRONMENTAL LAW PRACTICE GROUP 11 WA506775.1 . ~ ~HlLLS MEMORANDUM DATE: June 5, 2003 Agenda Item 8. C TO: Mayor Beverly Aplikowski Council Member David Grant Council Member Brenda Holden Council Member Gregg Larson Council Member Lois Rem FROM: Aaron Parrish, Interim City Administrator I Community Services Director fif SUBJECT: 2004 Budget Process and Council Priorities Overview . With the conclusion of the legislative session, staff wanted to take the opportunity to update the Council on the potential impacts to the 2004 budget. In particular, the Council will note the following: 1. All of the city's local government aid and market value homestead credit have been eliminated for 2003 and 2004. This translates into approximately $120,000. As Council may recall, in anticipation of these cuts, a 50% cut in aid was factored into the 2003 budget. It is anticipated that deferred capital improvements, higher than anticipated building permit revenues, lower than anticipated bids on CIP projects, and staff vacancies will compensate for the additional reduction in 2003. 2. As part of the overall budget compromise, a different form of levy limits has been enacted for 2004. Previously, levy limits took into account economic and growth factors. For 2004, communities will be limited to levying up to 60% of its lost state aids. This translates into a maximum potential levy increase of approximately 1 %, or $72,000. In recent years, we have had levy increases anywhere from 3-8 percent. Needless to say, in light of the levy limit situation and increasing costs, this years budgeting process will be challenging but manageable. Staff is in the process of compiling preliminary operating and capital budgets. A draft should be available for the Council sometime in late June or early July. e ReQnested Action Provided for informational purposes , . . -r,"'b~ ~ 7.rpJ \.f /,/ 1 a~;7 I,.d.(r--- h/~( J>tartribune.com Close window . Editorial: Playing post office / Wait and see on Arden Hills site Publisbed 06/09/2003 Things tend to get messy when hopes and dreams collide. That's the case in a rolling regional dispute over what's to become of the sprawling Twin Cities Army Ammunitions Plant in Arden Hills, as well as the U.S. Postal Service's riverfront buildings in downtown Minneapolis and St. Paul, and the St. Paul Union Depot. Start with the dreams of St. PauL The city has long wished for the downtown post office to relocate in order to open more riverfront property for development and to allow the Union Depot enough room to develop a transit hub, eventually with high-speed trains to Chicago. Minneapolis, too, would like to see its massive riverfront post office converted to commercial and residential uses. Moving is fine with the Postal Service, now studying the feasibility of consolidating regional mail processing on one big site, the most viable seeming to be a comer of the Army's old arsenal property near the intersections ofHwys. 35W, 10 and 96. The roads would provide good access to the 500 daily truck trips generated. The land, already federally owned, would involve a simple swap. And pollution mitigation would be far cheaper than cleaning up land intended for homes and shops. But that's where Arden Hills' dreams diverge. The suburb has long anticipated beefmg up its tax base by taking over some of the Army's land forresidential, commercial and industrial development. In 1994, . Rep. Bruce Vento helped the city craft a plan for the Army site. After Vento's death, Rep. Betty McCollum began honing the plan to include a consolidated postal center on an industrial portion of the ammunition site. But Arden Hills and its bevy of developers went (excuse the expression) ballistic, declaring a new postal center incompatible. Enter Sens. Norm Coleman and Mark Dayton. Each acted last week to undercut both McCollum and the Postal Service by declaring the Arden Hills site off limits as far as they were concerned. These were hasty, unfortunate actions, especially since the Postal Service study won't be finished until July. It may turn out that the Army land is polluted enough to make housing impossible, or that a small suburb like Arden Hills could never bear the cleanup expense. It was also curious that neither senator had a backup site in mind. McCollum scrambled to find a site in Rosemount, saying the more options the better. But this has become a three-ring circus in search of a ringmaster. A logical choice for the job is Metropolitan Council Chairman Peter Bell, whose agency is charged with regional planning. But Bell is understandably reluctant to get into an elbowing contest with three members of Congress, several federal agencies and a horde of local interests without first seeing the Postal Service's July report. His patience is commendable. All parties should wait and see, and take it from there. (9 CODvright 20J!1 Star Tribune. All rights reserved. . . . oIf.{ j\C} tt . ~~~ \{>.(l\o/-- j)\(),of. RESOLUTION . Board of Ramsey County Regional Railroad Authority Date: June 3. 2003 No.: R03-29 RECEIVED JUN 0 9 L003 CITY OF ARDEN HILLS WHEREAS, Ramsey County Regional Railroad Authority has an interest in implementation of Union Depot as a multimodal transit hub; and WHEREAS, The use of the concourse associated with Union Depot by the United States Postal Service precludes the use of Union Depot as a multi modal transit hub; and WHEREAS, Ramsey County Regional RailroadAuthority supports the relocation of United States Postal Service operations currently being handled at the Union Depot concourse; Now, Therefore Be It RESOLVED, That Ramsey County Regional Railroad Authority supports the study by the United States Postal Service to determine if moving postal operations to the Twin City Army Ammunition Plant or an alternative site is feasible. . Tony Bennett Susan M. Haigh Jim McDonough Rafael E. Ortega Victoria Reinhardt Janice Reitman Jan Wiessner RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY YEA NAY OTHER X X X X X X X . Rafael E. Ortega, Chair , 1J.t'.J- By: ~ Jim McDonou . ecretary ~.-," "..t:,-',.t?:-I-:<~:Y;7 \.,,'. '-; . . ~Jy ApIlJmWski f~:,"*"';! ~. '>,~""'},~-;.. Council Members: David Grant Brenda Holden Gregg Larson Lois Rem SPECIAL MEETING City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable lace in which to live, work, and la . Meeting Convenes 5:00 p.m. AGENDA 1. Orientation and Training Harry Brull/PDI 2. Administrator/Clerk Interviews (2) 3. Adjourn . "..,~~.,,.-~,~-~~~W~-._.;t~_._. ;' '"_""IIU"'."" ^" "'.'. ". Beverly Apllkowsld Council Members: David Grant Brenda Holden Gregg Larsou Lois Rem ~HILLS Arden Hills City Council Tuesday June 17,2003 AnI.... Hills, MiDDeSllta 55112 651.634.5120 SPECIAL MEETING City Vision A strong community that values our unique environment, our fIscal soundness, and our tradition as a desirable lace in which to live, work, and la . Meeting Convenes 6:00 p.m. AGENDA 1. Administrator/Clerk Interviews (3) 2. Discussion and Finalist (3) Recommendation 3. Adjourn . Brenda Hold... Gregg Larson Lois Rem 't;'~~~_/:; Monday June 30, 2003 SPECIAL MEETING City Vision A strong conmnmity that values our nniqne environmen~ our fiscal soundness, and our tradition as a desirable lace in which to live, work, and la . Meeting Convenes 6:00 p.m. AGENDA 1. DEVELOPMENT TEAM MEDIA TRAINING Centex, Rehbein & Ryan . . . . ~ ~~~ ~YAH CENTEX ", BUILOING LAHING RHATJON~HIP~ GOFF~HOWARD~ June 30, 2003 . Media Facts Newspapers Newspapers set the agenda for television and radio coverage statewide. Television Twin Cities television stations reach 80 percent ofthe state of Minnesota. Radio There are almost 300 radio stations in Minnesota. . . . . . 700,000 600,000 500,000 ::: i 400,000 .!:l 300,000 u 200,000 100,000 o Newspapers Circulation of daily newspapers . Weekdays . Sunday Star Tribune Pioneer Press Weekdays Sunday Star Tribune 375,505 669,358 Pioneer Press 191,912 251,574 Note: Circulation is the number of paid subscriptions. The actual number of readers is 2.2 times the circulation amount. 30,000 25,000 . Newspapers Circulation of weekly publications 20,000 ,q E ~ 15,000 I_Weekly] .!:l I;) 10,000 . 5,000 o Minnesota Real Estate Journal The Business Journal Mounds View/New Brightonl St. Anthony Focus News Lillie Ramsey Suburban County Focus Newspapers - New Brighton Publication Description Weekly Minnesota Real Estate Journal Magazine 4,500 The Business Journal Magazine 14,000 Mounds View/New Brighton! St. Anthony Focus News Weekly Newspaper Release Coyer 15,265 Lillie Suburban Newspapers - New Brighton Weekly Newspaper Publisher 26,280 Ramsev County Focus Weekly Newspaper Release Cover 16,012 . . . . Television Local newscasts: snapshot of airtime Here's how the area's four main 10 p.m. local newscasts dlvid- ed up their airtime last Friday. e..rn weco KS1P KM5P KARE Average .. iii.... usage ~ Hard news 8:52 8:12 9:25 7:30 7:01 Sports 3:21 3:55 4:27 3:50 4:02 Promos 2:13 1:38 Source: Star Tribune research 2:45 2:20 Star Trbune graphic 2:41 May 2003 Twin Cities Television News Ratings Ratin!! Percenta!!e Total number of homes 10 p.m. News KARE (Channell!) ......... .14.8.........26 .......... .236,021 WCCO (Channel 4) ........ .. .12..........21 .......... .191,369 KSTP (Channel 5) ........... .7.9. . . . . . . . . . 14 .......... .125,984 KMSP (Channel 9) .......... .6.7. . . . . . . . . . 10 .......... .106,848 WFTC (Channel 29 ...........1.7..........3 ........... .27,111 6 p.m. News KARE .................... .9.2. . . . . . . . . . 20 .......... .146,716 WCCO ................... .8.6..........18 .......... .137,147 KSTP .................... .5.4. . . . . . . . . . 12 .......... .86,115 6 a,m.-7 a.m. Morning News KARE .................... .4.6. . . . . . . . . . 23 .......... .73,358 WCCO ................... .2.6. . . . . . . . . . 13 .......... .41,463 KSTP .................... .3.4 . . . . . . . . . . 17 .......... .54,221 KMSP .................... .1.4. . . . . . . . . . 7 ........... .22,326 Based on a t01a1 of 1,594,740 homes in the Twin Cities Metro market. . What Is News? 1. A significant, timely or unusual event that affects a large number of people. 2. Elements of a good story include: a. It is timely - something happened recently. This is called "spot news" in the trade. b. It is about something unique - the central event in the story is very unusual or has never. happened before. c. It affects a large audience - the story in some way touches many people. Ifreaders can't relate to a story, they are unlikely to pay much attention. d. It has controversy - journalists are drawn to conflict, which heightens the . drama of a story. 3. News stories should be balanced. That means both sides of a conflict should be given an opportunity to speak. Because of this, it is important to have reasonable expectations. Expect to see or hear things from others that will counter what you have said. . . . . What Is Earned Media? . Earned media is the current term to describe information that appears in news stories, opinion/editorial columns, and letters to the editor. . With advertising, you purchase the space in a newspaper, on radio, or on television. With earned media, you don't pay for space. . The process of gaining access to earned media is important to any organization or government that has a message it wants to convey to the general public. . Who The Reporters Are Not all journalists are the same. They have different needs which you need to keep in mind. Here are some important categories: . Print reporters and photographers work for daily or weekly newspapers, magazines, newsletters, and wire services that transmit stories across the state. Reporters for daily newspapers and wire services are under severe deadline pressures, and they need to write their stories and process their photographs as quickly as possible. . Television reporters and camera people work as a team. Their deadlines are tight, and you will probably not be the only story they are covering on a given day. Because of that, they will not stay long. TV teams will need visual material in addition to information. Twin Cities television stations reach about 80 percent ofthe state. . Radio reporters are under demanding time pressure since their news broadcasts are on the hour. They need sound and are likely to conduct interviews over the telephone. Because of the time concerns, these reporters are most likely to use what you say without extensive editing. . . Internet reporters are a relatively new segment in the world of journalism. Their deadlines are constant because news is now posted almost immediately on Internet sites. Most major news outlets have web sites. . . . . Reporters' Assignments Journalists from each type of media outlet (print, TV, radio) vary by assignment. Here are some general categories: . General assignment reporters cover a wide variety of stories that do not require specialists. They also tend to be the newest reporters on the staff. . Beat reporters are the specialists who cover only one category of news, such as the Capitol, energy, the environment, business, outstate Minnesota, gaming, health care, the arts, politics, or the courts. They are typically the more experienced reporters who have a good grasp of the material. . Columnists, editorial writers, and commentators provide their personal opinions about news and public policy issues. They are not objective because they deal in opinion and specific points of view. They are not reporters, but they do ask questions. Where Reporters Get The Stories . People are frequently amazed about how journalists get their material. Where did they get that stuff? It isn't magic. There are a number of sources for news that any experienced reporter can use to harvest information and story ideas. Here are some of the key ones: Events - these are things that actually happen in front of a reporter, as opposed to something the reporter was told about or reconstructed from records. . Public appearances such as speeches, rallies or demonstrations Meetings of public bodies such as Congress, the Legislature, or city councils Trials or other judicial hearings Press conferences Disasters such as floods, earthquakes or tornadoes . . . . . Public records- these are documents in the public domain which are used as the basis for an article or broadcast. . Arrest blotters at the police station Government reports or audits Decisions of public agencies such as zoning, planning and economic development boards . . Press releases - journalists get many of these each day from public and private organizations dealing with many subjects, each of which might become a story. . Government agency actions Political activities New developments Staff change announcements . . . . . . . Story pitches - many stories are the result of direct contacts with reporters and news desks by people calling attention to an event or situation they think is newsworthy. These stories also benefit the caller's client or employer. Reporters often follow up on these suggestions, but remember, they will report both sides if controversy is involved. . Public relations professionals calling reporters about a possible story . Government agency communications officials doing the same . Political press secretaries or other insiders suggesting a story . Marketing professionals urging a story Tips - reporters, particularly those writing about government or politics, receive occasional calls from people (many of whom want to remain anonymous) regarding areas of inquiry. It is not unusual for these people to have an ax to grind. . Insiders, so-called whistle-blowers who know of wrongdoing . Witnesses to events or situations that have not yet been in the news Reporter's ideas - journalists who have written about a particular area for enough time to develop an expertise in the subject matter and may see a situation developing or a pattern of events that the public needs to know about. . A veteran reporter notices a situation developing, calls a city official for comment, and develops a story other media outlets don't have . An editor notices such developments and assigns a reporter to follow up Other news outlets - journalists watch each other closely. What one does, others are likely to repeat. They also follow news outside their own areas. The business desks at the local papers watch the business magazines, for instance. . News stories from national or regional newspapers or network TV . Trade papers or periodicals 10 Things Reporters Want 1. Details from your point of view about the key issue or event central to the story 2. Timely access to someone who can comment on the record for the City of Arden Hills 3. Candid responses 4. Quick approval to film or photograph 5. Help in acquiring information or comment in time to meet a deadline 6. Copies of relevant material 7. Telephone numbers of others with the city who might be interviewed 8. Help in contacting sources outside the City of Arden Hills who might contribute to the story 9. Help in cutting through any complicated process 10. Some background about the issues concerning the City of Arden Hills . . . . . . Top 10 Interview Tips I. Remember, you are in control of the situation. No reporter knows as much about the City of Arden Hills as you do. 2. Make sure you know the message you wish to deliver and stick to it. 3. Don't lie. Don't mislead. This will be sure to catch up with you and result in a negative story. 4. Reporters are not your friends. They are just doing a job. 5. Avoid "no comment" replies. They sound as if you are hiding something even when you aren't. 6. In the real world, there is no such thing as "off the record." 7. If you are the one assigned to reply to the press, answer questions but don't add anything. Keep personal opinions to yourself. 8. Be professional. Don't lose your temper. 9. If you promise to call the reporter back, do so promptly. 10. Realize a story should contain both sides of an issue. How Goff & Howard Can Assist You . Serve as liaison between you and the reporter Goff & Howard can help you with interview requests by calling the reporter to determine the story angle, deadline, and possible interview questions. We can also find out who the reporter has already interviewed or plans to interview and provide any background information needed. Work with you to frame the message After the interview has been set, we can work with you to determine the best messages to use during the interview. If you would like, we can then draft talking points with these messages for you to use during the interview. . Develop a media story If you have a story idea (such as a new program, new hire, or other announcement), we can work with you to determine the best way to place a story in the media. This could include drafting a press release, pitching the story to specific reporters, or planning a media event. Help you react to a story that ran in the media If a story about the City of Arden Hills appears in the media that you would like to respond to, we can help you determine the method of response. This could include helping you draft a letter to the editor or op-ed, or submitting a correction. Please call Bob Goff, Mike Zipko, or Patty Dunn at 651/292-8062 if you would like assistance. .